Military Court of Appeals (Israel)

Last updated
Military Court Unit badge sml-tg-yKHydh.jpg
Military Court Unit badge

The Israeli Military Court of Appeals is the supreme military court of the Israel Defense Forces. It considers and judges over appeals submitted by the Military Advocate General which challenge decisions rendered by the district military tribunals:

Additionally, the Court adjudicates over appeals to the special military tribunals:

The Court is located in Tel Aviv. As of August 2016, it is presided by Aluf Doron Piles  [ he ]. [1] The president of the court is a member of the General Staff, but is not professionally subordinate to the chief of staff.

See also

Related Research Articles

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.

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.

<span class="mw-page-title-main">Israeli system of government</span>

The Israeli system of government is based on parliamentary democracy. The Prime Minister of Israel is the head of government and leader of a multi-party system. Executive power is exercised by the government. Legislative power is vested in the Knesset. The Judiciary is independent of the executive and the legislature. The political system of the State of Israel and its main principles are set out in 11 Basic Laws. Israel does not have a written constitution.

<span class="mw-page-title-main">Court dress</span> Style of clothes prescribed for courts of law

Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court may wear formal robes, gowns, collars, or wigs. Within a certain country and court setting, there may be many times when the full formal dress is not used. Examples in the UK include many courts and tribunals including the Supreme Court of the United Kingdom, and sometimes trials involving children.

<span class="mw-page-title-main">Tribunal</span> Person or institution with the authority to judge, adjudicate or determine claims or disputes

A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often styled "tribunals." The word tribunal, however, is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.

In the United Kingdom, the Judge Advocate General 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 2006; 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.

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Supreme Court of Israel</span> Highest court in the State of Israel

The Supreme Court of Israel is the highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.

<span class="mw-page-title-main">Yitzhak Mordechai</span> Israeli former general and politician

Yitzhak "Itzik" Mordechai is an Israeli former general and politician. He served as a member of the Knesset between 1996 and 2001, and as Minister of Defense and Minister of Transport. He retired from political life after being indicted for sexual assaults during his military service and later periods.

<span class="mw-page-title-main">Combatant Status Review Tribunal</span> Tribunals of US detainees at Guantanamo Bay

The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.

<span class="mw-page-title-main">Judiciary of Israel</span> Part of the article of the series of government of Israel

The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.

<span class="mw-page-title-main">Charles Swift</span> American attorney and Navy officer

Charles D. Swift is an American attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamdan, a detainee from Yemen who was the first to be charged at Guantanamo Bay; Swift took his case to the US Supreme Court. In 2005 and June 2006, the National Law Journal recognized Swift as one of the top lawyers nationally because of his work on behalf of justice for the detainees.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Military Advocate General</span>

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.

<span class="mw-page-title-main">Special Tribunal for Lebanon</span> International tribunal for the Rafic Hariri assassination

The Special Tribunal for Lebanon (STL), also referred to as the Lebanon Tribunal or the Hariri Tribunal, is a tribunal of international character applying Lebanese criminal law under the authority of the United Nations to carry out the investigation and prosecution of those responsible for 14 February 2005 assassination of Rafic Hariri, the former Lebanese prime minister, and the deaths of 21 others, as well as those responsible for connected attacks.

<span class="mw-page-title-main">Judiciary of Sweden</span>

The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country. The activities of these agencies include police and law enforcement, prosecution, courts, and prisons and other correctional services.

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.

<span class="mw-page-title-main">Sharon Afek</span> Israeli general

Sharon Afek is the Deputy Attorney General in the Israel's Ministry of Justice. Previously, Afek was the chief military advocate general of the Israel Defense Forces (IDF) in 2015–2021.

Kinda El-Khatib, a Lebanese activist, was convicted in December 2020 of collaboration with Israel. El-Khatib, a critic of Michel Aoun, the political class of Lebanon, and Hezbollah, was released on appeal in March 2021.

References