military law

military law, system of rules established for the government of persons in the armed forces. In most countries the legislature establishes the code of military law. It is distinguished from both martial law (rule by domestic military forces over an area) and military government (rule by the military over occupied foreign territory). The scope of military law differs somewhat in peace and in war. In time of peace it is generally limited to military offenses—e.g., absence without leave, desertion, breach of orders; during war it usually extends to crimes of a civil nature as well, and the penalties may be more severe.

The Uniform Code of Military Justice

Regular systems of military law existed in ancient Rome, with severe penalties for such offenses as desertion. In the Middle Ages procedures were less regularized, but written codes began to appear. The origin of much military law is found in the codes and statutes enacted in England in the 17th cent. These were substantially adopted in the United States.

It was widely felt after World War II that many abuses had occurred in the administration of American military justice and that excessively severe sentences had been imposed, especially on the enlisted ranks. The armed forces responded by establishing civilian review boards, which recommended reduction of the punishment inflicted on a large percentage of those convicted (some 100,000) by general court-martial during the war. In 1951, Congress extensively revised the codes of military law enacting a uniform code of military justice for all branches of the armed services. This code placed operations more in the hands of professional lawyers and ensured fairer review procedures.

An important change permitted an enlisted person tried by a general court-martial to demand that one third of the court be composed of enlisted personnel. The uniform code defines the offenses for which a person under the jurisdiction of the armed forces may be subjected to court-martial. In addition to allowing punishments by the commanding officer, including confinement not to exceed one week, the code establishes three levels of court-martial. The summary court-martial consists of a single officer, and may impose a maximum penalty of imprisonment for one month. The special court-martial consists of at least three officers and may impose a prison sentence of up to six months. The general court-martial is composed of five members and one law officer who must be a trained lawyer admitted to practice before a state's highest court. The general court-martial may impose any authorized sentence including dishonorable discharge or death.

One of the principal differences between the procedure in court-martial and in criminal cases in civil courts is the absence of a jury. Cases are decided by a vote of two thirds or three fourths of the court, depending on the severity of the offense. For the death penalty, the vote must be unanimous. The accused is permitted to have counsel, to compel the attendance of witnesses, and to enjoy the usual protections of the law of evidence.

Law prescribed by statute for governing the armed forces and their civilian employees. It in no way relieves military personnel of their obligations to their country's civil code or to the codes of international law. Mutiny, insubordination, desertion, misconduct, and other offenses injurious to military discipline constitute violations of military law; offenders may be subject to court-martial. Lesser offenses may be penalized summarily by a commanding officer (e.g., through the withdrawal of privileges or the cancellation of liberty).

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Military law is a distinct legal system to which members of armed forces are subject. Most countries have special additional laws, and often a legal system, which are applicable to members of their military but not usually to civilians. Military law deals with issues such as; procedures for military discipline, what is or what is not a lawful command, and obligations for service personnel.

Military law, also referred to as military justice, is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. This condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries have restrictions on when martial law can be declared, and how long it can remain.

Declaration of martial law is sometimes used by dictatorships, especially military dictatorships, to enforce their rule.

United Kingdom

The Armed Forces Act 2006 will replace the three separate Service Discipline Acts as the system of law under which the Armed Forces operate by 2008. The Armed Forces Act harmonises service law. One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organisations.

United States

Article I, Section 8 of the United States Constitution authorizes the U.S. Congress to "make rules for the government and regulation of the land and naval forces." Congress has issued these rules in the form of the now-superseded Articles of War and, at present, the Uniform Code of Military Justice.

The Uniform Code of Military Justice is federal law, found in (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an executive order issued by the President of the United States in his capacity as Commander-in-Chief of the United States armed forces.

Canada

All three branches of the Canadian Forces (CF) (i.e. Navy, Air Force, Army) are primarily governed by the National Defence Act (NDA). Section 12 of the NDA authorizes the Governor In Council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having the force of law. Since the principle of delegatus non potest delegare has not achieved rigid standing in Canada, the QR&Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within the CF to administer the day-to-day considerations of the Forces.

A JAG has headed the Canadian military legal branch since before the First World War. The branch interprets the Canadian Forces' own internal rules and code of discipline, and also international and humanitarian laws and codes of war, such as the Geneva Conventions. Since armed combat is a strictly regulated environment, legal officers are a crucial part of the planning that goes into operational decisions. The Military Law Centre on the grounds of Royal Military College of Canada, staffed with military lawyers, oversees the education of officers and troops in legal matters, trains military lawyers and advises Ottawa on matters of policy and doctrine. Legal education is integrated into the regular training that Canadian Forces members undergo.

India

India has its own Army Act, Navy Act and Air Force Act. These laws define the statutory provisions as applicable to men and women in uniform. All these three Acts are available on search from the official website There are certain para military forces in India too who have laws akin to the ones applicable to defence services. This includes the Border Security Force Act, Coast Guard Act, Indo Tibetan Police Force Act and the Assam Rifles Act. All such Acts draw their inspiration from the Army Act.

References

See also

• Court-martial
• Martial law
• Military rule