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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 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.
In the United Kingdom, the Judge Advocate General and Judge Martial of all the Forces is a judge responsible for the court-martial process within the Royal Navy, British Army and Royal Air Force. As such the post has existed since 2008; prior to this date the Judge Advocate General's authority related to the Army and the RAF while the Judge Advocate of the Fleet was the equivalent with regard to the Royal Navy.
A judge advocate general is a principal judicial officer for a military branch or the armed forces at large, typically the most senior judge advocate.
The Judge Advocate General's Corps, also known as the "JAG Corps" or "JAG", is the legal arm of the United States Navy. Today, the corps consists of a worldwide organization of more than 730 commissioned officers serving as judge advocates, 30 limited duty officers (law), 500 enlisted members and nearly 275 civilian personnel, all serving under the direction of the Judge Advocate General of the Navy.
The Judge Advocate General's Corps also known as the "JAG Corps" or "JAG" is the legal arm of the United States Air Force.
The Judge Advocate General's Corps of the United States Army, also known as the U.S. Army JAG Corps, is the legal arm of the United States Army. It is composed of Army officers who are also lawyers and who provide legal services to the Army at all levels of command, and also includes legal administrator warrant officers, paralegal noncommissioned officers and junior enlisted personnel, and civilian employees.
The judge advocate generalof the Canadian Forces is the senior legal officer who superintends the administration of military justice in the Canadian Armed Forces, and provides legal advice on military matters to the governor general, the minister of national defence, the Department of National Defence and the Canadian Armed Forces. The office is defined in section 9 of the National Defence Act.
The Military Advocate General is responsible for implementing the rule of law within the Israel Defense Forces. The unit's objectives include integrating the rule of law amongst IDF commanders and soldiers; providing commanders with the tools for the effective performance of their missions in accordance with the law; and working with the IDF to achieve its goals on all legal fronts. The MAG Corps' has the ability to provide legal advice in emergencies and during warfare.
The United States Marine Corps' Judge Advocate Division serves both to advise the Commandant of the Marine Corps (CMC) and other officials in Headquarters, Marine Corps on legal matters, and to oversee the Marine Corps legal community. The head of the Judge Advocate Division (JAD) is the Staff Judge Advocate to the Commandant.
The Judge Advocate General of the Navy (JAG) is the highest-ranking uniformed lawyer in the United States Department of the Navy. The Judge Advocate General is the principal advisor to the Secretary of the Navy and the Chief of Naval Operations on legal matters pertaining to the Navy. The Judge Advocate General also performs other duties prescribed to them under 10 U.S.C. § 5148 and those prescribed under the Uniform Code of Military Justice.
The Australian Army Legal Corps (AALC) consists of Regular and Reserve commissioned officers that provide specific legal advice to commanders and general legal advice to all ranks. They must be admitted to practice as Australian Legal Practitioners.
The post of Judge Advocate General in India, as a head of Judge Advocate General's Department, is held by a major general who is the legal and judicial chief of the Army. The Judge Advocate General is assisted by a separate JAG branch which consists of legally qualified army officers.
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 Branch of the Pakistan Armed Forces is composed of Pakistan's Military senior officers, lawyers and judges who provide legal services to the Army, Air Force, Navy, and Marines at all levels of command. JAG branch comes directly under the Law Directorate of the army. The Judge Advocate General's Legal Service includes judge advocates, warrant officers, paralegal noncommissioned officers and junior enlisted personnel, and civilian employees. In Pakistan, the Judge Advocate General can have the rank of Lieutenant-General, Major or Brigadier-General. The JAG is currently led by the combined Pakistan Armed Forces's senior-rank officers that includes the Vice Admirals of the Navy, Air Marshals of the Air Force, and the Lieutenant-Generals of the Army whose names are kept highly classified.
The Judge Advocate General (JAG) is the Chief of the combined Legal and Judicial system of the three Armed Forces in Sri Lanka. Holds full authority over all legal and Judicial matters concerning the Army, Navy and the Air Force of Sri Lanka. The authority to appoint the "Judge Advocate General" (JAG) is exclusively vested with the Head of State, the President of the Democratic Socialist Republic of Sri Lanka.
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.
Military law literature in India was established in 1930 by General C.H. Harrington out of a perceived necessity in order to avoid potential injustice within and outside of the armed forces. Military law is a body of law which governs how a member of the armed forces may behave, and as with all forms of law it is subject to periodic changes. The field is based upon official Acts of the Indian government, plus a number of unofficial writings on theoretical applications of law and how it may be changed.
The Judge Advocate General's (JAG) Department is the legal branch of the Indian Army. It deals with military related disciplinary cases and litigation and assists in providing legal assistance to the army in human rights matters and the rule of law among other things. The department consists of legally qualified Army officers who are educated in military law and provide legal help to the military in all aspects. The department supports the Judge Advocate General who is the legal and judicial chief of India and advises the Chief of the Army Staff of legal matters. The JAG's Department is also responsible for emerging fields of military law such as those related to cyber laws, space laws, terrorism and human rights violations. The service rendered in the JAG's Department are considered to be Judicial service as per the regulations for the Indian Army.
References
- ↑ AALC
- ↑ "Military Justice system". www.Judiciary.gov.uk. Ministry of Justice at GOV.uk – HM Government. Archived from the original on 27 July 2010.
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