Military Justice in the Modern Age

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.

Matthew Groves, Alison Duxbury, Peter Rowe, Christopher Waters, Pauline Collins, Rain Liivoja, Victor Hansen, Robert McLaughlin, Ann Lyon, Geoffrey Farmiloe, U. C. Jha, Ivette Castaňeda García, J. J. M. van Hoek, Michelle Lesh, Paul Cronan, John Tarrant, Panagiotis Kremmydiotis, Christina M. Cerna, Aifheli Enos Tshivhase, Chris Jenks, Michael Gibson

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 Castaňeda 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.