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A court-martial or court martial is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.
Military justice is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power. .. to make Rules for the Government and Regulation of the land and naval forces" of the United States.
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
The Court Martial Appeal Court of Canada (CMAC) hears appeals from Courts-martial of Canada.
A military prison is a prison operated by a military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of a serious crime. There are two types: penal and confinement-oriented, where captured enemy combatants are confined for military reasons until hostilities cease. Most militaries have some sort of military police unit operating at the divisional level or below to perform many of the same functions as civilian police, from traffic-control to the arrest of violent offenders and the supervision of detainees and prisoners of war.
The Canadian Forces Military Police provide police, security and operational support services to the Canadian Armed Forces (CAF) and the Department of National Defence (DND) worldwide.
Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.
The Canadian Forces National Investigation Service (CFNIS) is the investigative arm of the Canadian Forces Military Police. The CFNIS is an independent military police unit that provides an independent investigative capability for the purpose of fair and impartial administration of military justice.
Courts-martial of the United States are trials conducted by the U.S. military or by state militaries. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice (UCMJ). They can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Federal courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial, which contains the Rules for Courts-Martial (RCM), Military Rules of Evidence, and other guidance. State courts-martial are governed according to the laws of the state concerned. The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states.
The Queen's Regulations and Orders for the Canadian Forces (QR&O) are regulations having the force of law for the governance of the Canadian Forces. They are regarded as the primary document of military law and regulations in Canada – aside from the National Defence Act.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
R v Généreux, [1992] 1 S.C.R. 259 is a leading Supreme Court of Canada decision where the Court ruled that that the military court martial system must comply with the constitutional requirements for judicial independence under section 11(d) of the Canadian Charter of Rights and Freedoms.
Provosts are military police (MP) whose duties are policing solely within the armed forces of a country, as opposed to gendarmerie duties in the civilian population. However, many countries use their gendarmerie for provost duties.
The Canadian Forces Drug Control Program is a series of regulations established in 1992 to prevent drug use among members of the Canadian Forces (CF), under the broad regulation-making auspices of section 12 of the National Defence Act (NDA). It prohibits CF members from involvement with most drugs, except alcohol and tobacco, purportedly to maintain discipline within the CF, ensure the safety, reliability or health of CF members. Chapter 20 of Queen's Regulations and Orders contains several schemes for drug-testing such as safety-sensitive testing, blind testing, and testing for suspicion under the article for "testing for cause." The regulation enforces administrative and disciplinary action against those who transgress its requirements.
The Australian Military Court (AMC) was a military service tribunal established in 2007 with the primary aim of maintaining military justice within the Australian Defence Force. In August 2009, the High Court of Australia ruled that the AMC was unconstitutional according to the Constitution of Australia, putting the 171 cases the court had tried in doubt. In May 2010, the Australian Government announced a new Military Court of Australia (MCA) to replace the provisional system established after the dissolution of the AMC and to provide an appropriate military judiciary for the Australian Defence Force.
The military courts of the United Kingdom are governed by the Armed Forces Act 2006. The system set up under the Act applies to all three armed services: the Royal Navy (RN), the British Army, and the Royal Air Force (RAF), and replaces the three parallel systems that were previously in existence.
The Judge Advocate General's Corps, also known as JAG or JAG Corps, is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates.
Courts martial of Canada are trials conducted by the Canadian Armed Forces. Such courts martial are authorized under the National Defence Act. Civilians with a military unit also become subject to the courts-martial system.
References
- ↑ "Supreme Court of Canada upholds constitutionality of military justice system". CTV News. Bell Media. 19 November 2015. Retrieved 19 November 2015.
- ↑ The Code of Service Discipline and Me
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