Military trials of civilians -- a critical juncture for Pakistani democracy

Rida Hosain tells the tale ably here in Dawn. Excerpt:

Thus, government representatives have been given a say in selecting the judges who will sit on the Constitutional Bench. Litigants cannot choose their own judges. It is destructive for judicial independence for the government to be given such a power in the selection of judges to hear constitutional cases. There is a real risk that the government representatives on the commission will select judges they perceive as sympathetic to the government to sit on the Constitutional Bench.

The irony here is that it is the federal government that defended the trial of civilians by military courts; it is also the federal government that appealed the decision declaring military courts for civilians unconstitutional. It would, therefore, be completely inconsistent with judicial independence for the federal government to have a say in the judges that will hear constitutional cases to which it is a party.

Amid all the tussle between the power corridors and the judiciary, what is most unfortunate is that a year after the historic decision declaring military courts for civilians unconstitutional, civilians in military custody still await justice. These civilians are not in judicial custody. They do not have a right to apply to the court for bail. Their freedom and liberty are entirely dependent on the fate of the appeal.

Pakistani democracy hangs in the balance.

Ex-Lt Col Stuart Scheller to speak at Montana State

If you are in Bozeman on Nov. 8, you can hear ex-Lt Col Stuart Scheller discuss "Courageous Leadership." Details here. Excerpt:

“Standing up for what one feels is right, even in the face of potential job loss, defines true character,” said Todd Bucher, director of Veterans Services at MSU. “It is in these moments of courage that we not only honor our values but inspire others to do the same. The cost of silence can be far greater than the risk of speaking out.”

Located in Romney Hall, MSU’s Travis W. Atkins Veteran Support Center is a dedicated space for student veterans. It houses the Office of Veteran Services and is a place for MSU student-veterans to get support, study and build community.  

Bucher said the evening will offer insight into the importance of accountability in leadership and command.

“Do not miss this unique opportunity to hear from Lt. Col. Scheller—a voice of courage and accountability,” said Bucher. “Join us in celebrating the power of leadership that inspires change.”

Tomorrow is St. Crispin's Day

Consider this link, starring the great thespian Mark Rylance. Not military justice, but nourishment for all those who labor against long odds in the courtroom (and elsewhere). Consider this remarkable miniseries version of The Speech. (H/T to Fran Morriss for the link.)

The text:

WESTMORLAND. O that we now had here

But one ten thousand of those men in England

That do no work to-day!

KING. What's he that wishes so?

My cousin, Westmorland? No, my fair cousin;

If we are mark'd to die, we are enough

To do our country loss; and if to live,

The fewer men, the greater share of honour.

God's will! I pray thee, wish not one man more.

By Jove, I am not covetous for gold,

Nor care I who doth feed upon my cost;

It yearns me not if men my garments wear;

Such outward things dwell not in my desires.

But if it be a sin to covet honour,

I am the most offending soul alive.

No, faith, my coz, wish not a man from England.

God's peace! I would not lose so great an honour

As one man more methinks would share from me

For the best hope I have. O, do not wish one more!

Rather proclaim it, Westmorland, through my host,

That he which hath no stomach to this fight,

Let him depart; his passport shall be made,

And crowns for convoy put into his purse;

We would not die in that man's company

That fears his fellowship to die with us.

This day is call'd the feast of Crispian.

He that outlives this day, and comes safe home,

Will stand a tip-toe when this day is nam'd,

And rouse him at the name of Crispian.

He that shall live this day, and see old age,

Will yearly on the vigil feast his neighbours,

And say "To-morrow is Saint Crispian."

Then will he strip his sleeve and show his scars,

And say "These wounds I had on Crispin's day."

Old men forget; yet all shall be forgot,

But he'll remember, with advantages,

What feats he did that day. Then shall our names,

Familiar in his mouth as household words—

Harry the King, Bedford and Exeter,

Warwick and Talbot, Salisbury and Gloucester—

Be in their flowing cups freshly rememb'red.

This story shall the good man teach his son;

And Crispin Crispian shall ne'er go by,

From this day to the ending of the world,

But we in it shall be rememberèd—

We few, we happy few, we band of brothers;

For he to-day that sheds his blood with me

Shall be my brother; be he ne'er so vile,

This day shall gentle his condition;

And gentlemen in England now a-bed

Shall think themselves accurs'd they were not here,

And hold their manhoods cheap whiles any speaks

That fought with us upon Saint Crispin's day.

More civilians tried in secret in Uganda

Uganda is still at it, employing its general court-martial to prosecute civilians. Details on the latest closed proceedings here. The country is subject to the African Charter on Human and Peoples' Rights, which forbids the trial of civilians by military courts.

A case challenging the practice has been hung up at the Supreme Court for several years.

Former CANSOFCOM soldier brings legal action

A former special forces soldier is suing the Canadian federal government, alleging he was shunned by his unit and pushed out of the military after he denounced Canadian troops' alleged involvement in the killing of unarmed people in Afghanistan.

The action was commenced before the Superior Court of Justice for Quebec.

This will likely remind many of similar matters arising in the United States, United Kingdom, and Australia.  There will undoubtedly be much more discussion on this matter, including discussion of issues arising from justiciability and potential motions or defences that the federal government might bring.

For the moment, here is the recent coverage from Matthew Lapierre from the CBC:

"Former special ops soldier says he faced 'retaliation' for reporting alleged killing of Afghan civilians", 16 October 2024