An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

The Judaic-law : as opposed to English military-law, gaol-for-debt-law, the pauper-law, and factory-slave-law /

Goldsmiths'-Kress no. 30666.20.

Psychiatry in military law.

On cover: Department of the Army Technical manual TM 8-240, Department of the Air Force Manual AFM 160-42.

A treatise on courts martial and military law. Containing an explanation of the principles which govern courts martial and courts of inquiry, under the authority of an individual state, and of the United States, in war and peace. The powers and duties of individuals in the army, navy, and militia; and the punishments to which they may be liable, respectively, for violations of duty. The necessary forms for calling, assembling, and organizing courts martial, and all other proceedings of said courts.

Mode of access: Internet.

The Air Force law review

Distributed to depository libraries in microfiche, v. 40 (1996)-

Digest of opinions of the Judge Advocate General of the Army : War Department, Bureau of Military Justice.

Compiled by William W. Winthrop.

A digest of the laws relating to the military establishment of the United States.

Mode of access: Internet.

Hearings before Committee on Armed Services of the House of Representatives on sundry legislation affecting the naval and military establishments, 1948 : Eightieth Congress, second session.

No. 265 ("Selective service: hearings ... on H.R. 6274 and H.R. 6401 ... ")--bound separately.

Military laws: containing: extracts from the federal and state constitutions, synopsis of the organization of the militia, militia laws of Virginia, militia laws of the United States, articles of war, army regulations, description of uniform, forms, &c. Adjutant General's office.

Mode of access: Internet.

Journal of the American Institute of Criminal Law and Criminology.

Title from caption.

The Evolution and Reform of Summary Trials in Canadian Military Justice

There is a place where a Canadian citizen can be sent to 30 days detention, by someone who is not a judge, without being represented by counsel, and without having a meaningful right to appeal. It is the summary trial system of the Canadian Armed Forces. This thesis analyses that system and suggests reforms. It is aimed at those who have an interest in improving the administration of military justice at the unit level but want to sufficiently understand the issues before doing so. Through a classic legal approach with elements of legal history and comparative law, this study begins by setting military justice in the Canadian legal firmament. The introductory chapter also explains fundamental concepts, first and foremost the broader notion of discipline, for which summary trial is one of the last maintaining tools. Chapter II describes the current system. An overview of its historical background is first given. Then, each procedural step is demystified, from investigation until review. Chapter III identifies potential breaches of the Charter, highlighting those that put the system at greater constitutional risk: the lack of judicial independence, the absence of hearing transcript, the lack of legal representation and the disparity of treatment between ranks. Alternatives adopted in the Canadian Armed Forces and in foreign jurisdictions, from both common law and civil law traditions, in addressing similar challenges are reviewed in Chapter IV. Chapter V analyses whether the breaches could nevertheless be justified in a free and democratic society. Its conclusion is that, considering the availability of reasonable alternatives, it would be hard to convince a court that the current system is a legitimate impairment of the individual’s legal rights. The conclusion Chapter presents options to address current challenges. First, the approach of ‘depenalization’ taken by the Government in recent Bill C-71 is analysed and criticised. The ‘judicialization’ approach is advocated through a series of 16 recommendations designed not only to strengthen the constitutionality of the system but also to improve the administration of military justice in furtherance of service members’ legal rights.

State responsibility for maritime terrorism

Maritime terrorism is one of the main maritime security issues in the contemporary world. The threat of maritime terrorism is more apparent than ever in the post-September 11 era. Although maritime terrorism is an old issue, the disastrous events of 11 September 2001 brought this issue again onto the global agenda. This incident brought to the forefront the longstanding concerns that terrorists could severely disrupt the global maritime supply chain by using shipping containers or vessels to attack major business centres, port facilities and offshore installations. A number of international criminal law studies have been conducted to identify international legal challenges in maritime security. Some of these works have critically examined the international legal framework for maritime security and identified the lacunas in the existing system. Some of these writings have also identified that emerging maritime terrorism issues are prompting States to introduce some stringent measures. Although the international legal regime related to maritime terrorism is a well-researched area, very little research work has explored the legal issues related to State responsibility for maritime terrorism. This article argues that, although the United Nations Convention on the Law of the Sea (UNCLOS) provisions related to maritime piracy may not be applicable for some dimensions of maritime violence, different provisions of UNCLOS may relevant in identifying State responsibility for maritime terrorism.

The origins of the control of information in war coverage

The conflict’s coverage, since its inception, has been closely linked to the relationship that both the military and the media have. The freedom they maintained during their first conflicts, although not without problems, though they suffered strict censorship suffered during World War I, and lastly the straitjacket treatment that they have endured during recent wars. The Vietnam War marked a turning point in this relationship, and after the invasion of Grenada, the military would launch new information guidelines, called Department of Defense National Media Pool. The lack of clear guidance of both control and space, has made for a complicated relationship between media and military, so the rules have evolved after every conflict shaping the future of press coverage and thus, war reporting.

Digest of war and emergency legislation affecting the Department of Defense /

Cover-title.

Naval justice casebook.

Mimeographed.