Charles N. Pede
- Published in print:
- 2015
- Published Online:
- December 2015
- ISBN:
- 9780199328574
- eISBN:
- 9780199363193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199328574.003.0014
- Subject:
- Law, Public International Law
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,” ...
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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.Less
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.
