Military Justice in the Modern Age

Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.

Alison Duxbury (Edited by), Matthew Groves (Edited by)

9781107042377, Cambridge University Press

Hardback, published 4 August 2016

446 pages
23.6 x 15.8 x 2.9 cm, 0.79 kg

'[This book] covers a range of timely thematic issues, such as how to deal with misbehaving civilian contractors (Rain Liivoja), the role of command (Victor Hansen), and summary trials (Aifheli Enos Tshivhase). Another section presents country- or region-specific accounts (Christina M. Cerna on the Inter-American System, for example), which make particularly interesting reading. The ups-and-downs of reform efforts in Australia (Paul Cronan and John Tarrant) are also noteworthy.' Eugene R. Fidell, Global Military Justice Reform Blog (www.globalmjreform.blogspot.co.uk)

Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.

1. The reform of military justice systems Matthew Groves and Alison Duxbury
Part I. The Civilian-Military Intersection: 2. How well do international human rights bodies understand military courts? Peter Rowe
3. Democratic oversight through courts and tribunal Christopher Waters
4. The civil courts' challenge to military justice and its impact on the civil-military relationship Pauline Collins
5. Trying civilians contractors in military courts: a necessary evil? Rain Liivoja
6. The impact of military justice reforms on the law of armed conflict: how to avoid unintended consequences Victor Hansen
7. The impact of the 'civilianisation' of military administrative law on the 'command power' Robert McLaughlin
Part II. Comparative Military Justice: 8. The new British system of courts martial Ann Lyon and Geoffrey Farmiloe
9. A comparative study of South Asian military justice systems U. C. Jha
10. Military justice in Latin America: a comparative analysis Ivette Casta?eda García
11. Military criminal justice in the Netherlands: the 'civil swing' of the military judicial order J. J. M. van Hoek
12. The Israeli military justice system in the context of the Turkel Commission Michelle Lesh
13. A threatened existence – the operation and adaptation of military discipline in Australia Paul Cronan
14. Human rights and Australia's military justice system John Tarrant
Part III. International Law and Military Justice: 15. The influence of human rights law on the reform of military justice Panagiotis Kremmydiotis
16. The inter-American system and military justice Christina M. Cerna
17. The future of military summary trials in the modern age Aifheli Enos Tshivhase
18. A rose by any other name: how and why the United States charges its service members for violating the laws of war Chris Jenks
19. Military justice in operational settings, peacekeeping missions and situations of transitional justice Michael Gibson.

Subject Areas: International human rights law [LBBR], Criminology: legal aspects [LAR], Comparative law [LAM], Law [L], Military history [HBW]