Professional Documents
Culture Documents
Military Justice and You
Military Justice and You
YOU
WHY DO WE HAVE A
SEPARATE MILITARY JUSTICE
SYSTEM?
• PROMOTE JUSTICE
• HELP MAINTAIN GOOD
ORDER AND DISCIPLINE
IN THE ARMED FORCES
• PROMOTE EFFICIENCY
AND EFFECTIVENESS IN
THE MILITARY
• STRENGTHEN
NATIONAL SECURITY
COMPARISON OF MILITARY AND
CIVILIAN JUSTICE SYSTEMS
• ARTICLE 32 HEARING v.s. GRAND JURY
• RIGHT TO COUNSEL
• JURY SYSTEM
• GUILTY PLEAS
LEGAL SOURCES OF
MILITARY JUSTICE
• US Constitution
• Uniform Code of Military Justice
• Manual for Courts-Martial, U.S., 1984
• Local Regulations
• Court Decisions
KEY PERSONNEL IN THE
MILITARY JUSTICE
SYSTEM
• COMMANDER
• Staff Judge Advocate
• Trial Counsel
• Defense Counsel
• Military Judge
• Legal Specialist/ Court Reporter
UCMJ JURISDICTION
• OVER THE PERSON:
– ACTIVE DUTY SOLDIERS & RESERVISTS WHILE ON AD
– MILITARY ACADEMY CADETS AND MIDSHIPMAN
– NATIONAL GUARD PERSONNEL IN FEDERAL SERVICE UNDER
TITLE 10, U.S.C.
– ENEMY PRISONERS OF WAR
– OTHERS
• MILITARY CRIMES
Preliminary Investigation:
– May be partial/limited
• COUNSELING: •ADMINISTRATIVE
ORAL AND REDUCTION
WRITTEN
•SEPARATION
• BAR TO ACTIONS
REENLISTMENT
• ADMONITIONS &
REPRIMANDS
Factors Considered When
Choosing Your Course of Action:
• Service Record
• Nature of Offense
• Harm Done
• Punishment
Available
• Cooperation
• Available Evidence
THE BAR TO REENLISTMENT
• THE ARMY DESIRES TO RETAIN ONLY THOSE
SOLDIERS OF HIGH MORAL CHARACTER,
COMPETENCE, AND DEMONSTRATED
ADAPTABILITY (AR 601-280).
• APPROVAL OF BAR
• APPROVAL OF BAR
• FILING OF LETTER
ENLISTED ADMINISTRATIVE
SEPARATIONS
(AR 635-200)
• SOLDIERS ALWAYS AFFORDED NOTICE
& AN OPPORTUNITY TO RESPOND
• SPECIAL
COURT-
MARTIAL
NONJUDICIAL PUNISHMENT
“... any COMMANDING OFFICER
may, in addition to or in lieu of
admonition or reprimand,
impose one or more of the
following disciplinary
punishments for minor offenses
without the intervention of a court-martial...”
ARTICLE 15 -- INITIAL
RESPONSIBILITIES
OF THE COMMANDER
• PRELIMINARY INVESTIGATION
– Whether offense was committed
– Whether soldier was involved
– Character & military record of the soldier
• NOTIFICATION OF SOLDIER
SOLDIERS’ RIGHTS IN ART 15’s
• FORMAL AND SUMMARIZED
– Remain Silent
– Examine Evidence
– Present a Defense
– Call Witnesses
– Demand Trial by Court-martial
– Have an Appeal
• FORMAL ART 15’s HAVE
ADDITIONAL RIGHTS, SEE NEXT
SLIDE
SOLDIER’S RIGHTS IN ART 15’S
Conditions on liberty
Restriction
(in lieu of arrest)
Arrest
Confinement
PRETRIAL CONFINEMENT
• 120-Day Rule
• 90-Day Rule
10 COMMANDMENTS OF
UNLAWFUL COMMAND
INFLUENCE
1) Commander may NOT order a subordinate to
dispose of a case in a certain way.
2) Commander must not have an inflexible policy on
disposition or punishment.
3) Commander, if the accuser, may NOT refer the
case.
4) Commander may neither select nor remove court
members in order to obtain a particular result.
10 Commandments of Unlawful
Command Influence
• ACT
• MARRIAGE
BETWEEN
THE SAME
SEX
STATEMENT
• Conveyed through
language or
behavior
• Indicates a
propensity or
intent to engage in
homosexual acts
• IS REBUTTABLE
ACTS
• ANY BODILY CONTACT:
• Activily undertaken or
passively permitted, between
same sex persons for the
purpose of satisfying sexual
desires
• That a reasonable person
would understand to show a
propensity or intent to engage
in act described above
Behaviors which are not
homosexual acts
• Associating with known homosexuals
• Marching in a gay rights rally in
civilian clothes
• Possessing or reading homosexual
publications
• Going to a gay bar
RECAP
• Sexual Orientation is a
private/personal matter
• CONDUCT determines
suitability for service
• Homosexual Conduct
(SAM) is justification
for administrative
discharge
DoD POLICY ON
HOMOSEXUAL CONDUCT
AFFECTS
• Accessions
• Separations
• Criminal Investigations
• Security Investigations
• Military Training
ACCESSIONS
• Sexual orientation
ALONE is not a bar
• Will not be asked to
reveal whether they
are heterosexual,
homosexual, or
bisexual
• All will be informed of
policy
SEPARATIONS
• Based on CONDUCT
• Three bases: S A M
• Allegations of sexual
misconduct handled
by CO in the absence
of aggravating
factors
• If CO is uncertain
what to do call JAG
PERSONNEL SECURITY
• No investigation solely to determine
sexual orientation
• No questions about sexual orientation
on Security Questionaire
• Only sexual CONDUCT can be
questioned
• No info about sexual orientation or
conduct can be used for separation
MILITARY TRAINING
• Soldiers are to be
informed of policy
• Commanders,
recruiters, and
investigators, etc.,
are to be informed
of the policy
Commander’s Responsibilities
• Ensure soldiers are briefed on DoD Policy
on homosexual conduct
• Ensure refresher and optional individual
training in Military Justice, IAW AR 27-
10, paragraph 19-2f
HOW SHOULD A
COMMANDER RESPOND
TO ALLEGATIONS OF
HOMOSEXUAL CONDUCT?
WHAT THE CO SHOULD DO:
• SJA
• MP
• CID
REVIEW
• Basic Points of
DoD Policy
• Definitions
• CO
Responsibilities
• Available
Assistance
Questions Concerning the DoD Policy
on Homosexual Conduct
Application of the DoD
Policy
(Discussion of Scenarios)
The Law of War
Outline of Instruction
Background
Forbidden targets, tactics, and
techniques
Enemy captives and detainees
Civilians and private property
War crimes
Summary
BACKGROUND
HISTORY OF THE LAW OF WAR
ANCIENT/BIBLICAL
MIDDLE AGES
CHIVALRY
GROTIUS
GENERAL ORDER 100
GENEVA/HAGUE CONVENTIONS
BY WARRIORS
FOR WARRIORS
THAT WAS THEN ...
“War is an act of force to compel our
enemy to do our will. … Attached to
force are certain self-imposed,
imperceptible limitations hardly worth
mentioning, known as international law
and customs, but they scarcely weaken
it.”
Clausewitz, 1820
THIS IS NOW ….
“The Armed Forces of the United States
will comply with the law of war during
the conduct of all military operations
and related activities in armed conflict,
however such conflicts are
characterized.”
CJCSI 5810.01,
12 August 1996
SOURCES OF THE LAW OF
WAR
CUSTOM
TREATIES OR CONVENTIONS
Hague Regulations
1949 Geneva Conventions
U.S. CONSTITUTION ARTICLE VI
DoD.Dir 5100.77
CJCSI 5810.01
WHY STUDY/OBEY THE LAW
OF WAR?
IT'S THE LAW
ENHANCES PUBLIC SUPPORT
ENCOURAGES RECIPROCAL
TREATMENT BY THE ENEMY
YOU'RE PERSONALLY LIABLE FOR
YOUR VIOLATIONS
TREATIES REQUIRE WE STUDY "LAW
OF WAR"
WHY STUDY/OBEY THE LAW
OF WAR?
YOU MAY BE LIABLE FOR
SUBORDINATE'S VIOLATIONS
HUMANITY
PROPORTIONALITY
DISCRIMINATION
MILITARY NECESSITY
NOT FORBIDDEN BY
INTERNATIONAL
LAW AND INDISPENSABLE FOR
COMPLETE SUBMISSION OF THE
ENEMY AS SOON AS POSSIBLE (FM 27-
10 PAR. 3)
HUMANITY
UNNECESSARY SUFFERING
INCIDENTAL INJURY
COLLATERAL DAMAGE
PROPORTIONALITY
UNNECESSARY SUFFERING
MUST NOT BE EXCESSIVE
IN RELATION TO THE
CONCRETE AND DIRECT
MILITARY ADVANTAGE
PERSONS
PLACES
PROPERTY
FORBIDDEN TARGETS,
TACTICS, AND
TECHNIQUES
Noncombatants
Parachutist v. Paratrooper
Protected symbols
Principles revisited
Protected property
Weapons and Tactics
Noncombatants
Red Cross
Red Crescent
Churches
Schools
Museums
Hospitals
Cultural
PROTECTED PERSONS AND PROPERTY
SMALL ARMS
• Prohibition on exploding or
expanding ammunition.
FRAGMENTATION
INCENDIARIES
LASERS
MINES AND BOOBY TRAPS
USE IS PERMITTED UNDER THE LAW OF WAR
SUBJECT TO THE FOLLOWING
LIMITATIONS:
INDISCRIMINATE USE PROHIBITED (MUST
TARGET MILITARY)
CAN NOT BE USE IN A MANNER TO TAKE
ADVANTAGE OF THE ENEMY’S COMPLIANCE
WITH THE LAW OF WAR (CAN NOT BOOBY
TRAP CORPSES
WITH MINES, THERE MUST BE SIGNS, A PLAN
FOR RECOVERY, OR A MAP TO PERMIT
RECOVERY (W.W.I MINES ARE STILL KILLING
CIVILIANS
Chemical weapons
Permitted activities
Ambushes
Bribes
Psyops
Use of enemy equipment/clothing
Treachery and Perfidy
Allow surrender
Humane treatment
No coercion
ENEMY CAPTIVES AND DETAINEES
Safeguard captives
LAW OF WAR
MILITARY PLANS
POLITICAL POLICY
PUBLIC OPINION
RAMP
A TRAINING SYSTEM FOR
RULES OF ENGAGEMENT
RETURN FIRE
ANTICIPATE ATTACK.
MEASURE THE AMOUNT OF FORCE USED.
PROTECT WITH DEADLY FORCE ONLY
HUMAN LIFE AND PROPERTY
DESIGNATED BY YOUR COMMANDER.
RULES OF
ENGAGEMENT
PROPORTIONALITY
FIGHT AND WIN
BY THE
RULES