Military Criminal Research Articles

Military Criminal Procedures and Judicial Guarantees

Since the Nuremberg and Tokyo Trials, scant attention has been devoted to military tribunals. Only with the creation of the ICTY and the ICTR has civil society started reconsidering the question of which fora might be better suited for trying individuals responsible for war crimes and other gross human rights violations. The aim of this paper is to illustrate the Swiss military judicial system. It analyses, on the one hand, the judicial guarantees provided for in the Swiss Military Penal Code and the Code of Military Penal Procedure. On the other hand, it discusses the judicial guarantees afforded in the only two war-crimes trials held by the Swiss military justice — the G case and the Niyonteze case — which involved civilians with foreign nationality. Finally, the paper argues against the abolition of military judicial systems.

A Guide to Military Criminal Law: A Practical Guide for All the Services

A Guide to Military Criminal Law: A Practical Guide for All the Services

The Application of Military Criminal Law and Disciplinary Law in the Context of Joint International Military Forces

The Application of Military Criminal Law and Disciplinary Law in the Context of Joint International Military Forces

Public Prosecutor v. J.M.H.

Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Whether provisions of Dutch Firearms Act apply to offences committed by nationals abroad — Dutch servicemen — Code of Military Criminal Law — Whether any requirement that offences be punishable under law of the country where they are committed — The law of the Netherlands

The Emotionally Disturbed Military Criminal Offender

The purpose of the present study was to investigate the personality characteristics, demographic, psychiatric, and criminal background, and current institutional adjustment of a sample of emotionally disturbed criminal offenders. Subjects were 43 emotionally disturbed and 43 nondisturbed military male inmates matched on age, confining offense, and length of sentence. Results indicated that the emotionally disturbed offenders committed more crimes against persons, fewer drug offenses, and were more likely to be divorced compared with the general population of inmates. Relative to control inmates, emotionally disturbed offenders achieved more highly elevated MMPI profiles, were rated as more disturbed behaviorally, evidenced a more extensive history of family and personal psychiatric difficulty, and demonstrated poorer adjustment to incarceration. Recommendations for future research in this area are discussed.

Organisational change and fundamental rights in the Dutch army: 1966?1976

The beginnings of modem military penal and disciplinary law coincide with the so-called military revolution (1560-1660) [1]. During this period the army was created, more or less as it still exists to this day: an organisation of strict discipline, hierarchical structure and subject to the State. In 1590 the "Artyculbrief ofte Ordonnantie op de Discipline Militaire" was drafted in the Netherlands for the mercenaries of Prince Maurice. The drill of the mercenaries allowed them to function as cogs in a machine, as it were. This military penal code was adopted by the States-General. It defined offences, punishments and the jurisdiction of the court martial. The "Artyculbrief" was replaced in 1799 by the "Regulations of Military Discipline or Criminal Code for the State Militia." In 1814/1815, new laws in the field of military penal and disciplinary law and procedure were created, though not to everyone's satisfaction. In 1923, a new military penal code was introduced which put an end to analogical interpretation that had been possible ever since the "Artyculbrief". In 1963, the military law of criminal procedure was partly amended. Since 1965, a parliamentary procedure for the complete revision of military criminal procedural law has been pending, while much work has been done on military disciplinary law since 1967 this latter circumstance being of some consequence for military penal law too. The Netherlands is not the only country where fundamental rights would appear to lead a laborious existence in the armed forces. Fundamental rights vary in meaning, just as the societies in which they have developed vary. While fundamental rights in America were of a pre-state nature, were pre-political, self-evident rights, on the European continent they were political achievements. They gave rise to the New Order after the fall of the Ancien Regime, an order in which the separation of powers [2] was to prevent tyranny. Specifically, the separation of powers in Europe can also be seen as the rational division of the three state tasks: legislation, administration and judicature, the result being reliable and calculable law [3]. (Whether this is still

Rate of psychiatric morbidity in a metropolitan county jail population

The author describes social-psychiatric characteristics of 122 jail inmates examined while awaiting trail, 80% of them on felony charges. The estimated overall rate of psychiatric illness was 4.6%. The patient sample was significantly older and contained significantly more minority group men than the jail population as a whole. Thirty-six percent of the patients diagnosed as schizophrenic were arrested on misdemeanor charges. Drug dependency was diagnosed in 51% of the men but in only 15% of the women. Psychosis was diagnosed more frequently and alcoholism, anxiety neurosis, and antisocial personality less frequently than in studies of prison populations using similar diagnostic criteria.

The Development of the German Military Criminal Procedure during the 19th Century

The Development of the German Military Criminal Procedure during the 19th Century

Outlines of Military Criminal and Disciplinary Law in the Netherlands

Outlines of Military Criminal and Disciplinary Law in the Netherlands

The Guarantees Granted to the Individual in the Military Criminal Prosecution and Disciplinary Action

The Guarantees Granted to the Individual in the Military Criminal Prosecution and Disciplinary Action