Chapter

Soldiers in combat and military justice

Charles N. Pede

U.S. military operations : law, policy, and practice

Oxford : Oxford University Press, 2016

p. 437-466

English

This chapter outlines the military justice system. In doing so, the chapter explains why the military maintains a separate justice system—regulated by what is often referred to as “military law,” highlights its novel aspects, and discusses contemporary challenges. Using vignettes and historical examples the chapter begins by outlining the foundations of the system. It then moves into a discussion on the sources of authority for the Uniform Code of Military Justice and the Manual for Courts-Martial, and uses case studies to explain how the system works. The chapter also offers unique insights in practicing military justice in a deployed environment and the importance of maintaining command responsibility over the system. The chapter concludes that, despite ongoing criticism, there remains an overwhelming need for an independent military justice system.

• Full text (restricted access : ICRC)

• U.S. military operations : law, policy, and practice / ed. by Geoffrey S. Corn, Rachel E. VanLandingham and Shane R. Reeves ; foreword by Stanley A. McChrystal