ONE ARMY, TWO SYSTEMS. MILITARY JUSTICE IN TRANSYLVANIA, DURING THE SECOND CAMPAIGN OF THE WAR OF REUNIFICATION 1918-1920

Abstract

In the middle of the campaign for Transylvania’s liberation, Consiliul Dirigent (the political structure designated to temporarily govern the province) of Sibiu had decided to support the efforts of the Romanian army and ordered the establishment of a Territorial General Commandment meant to begin recruitment in Transylvania, Banat and within the territories in Hungary inhabited by Romanians, in order to constitute some volunteers’ units. Out of their ranks, 6th and 7th Army Corps were established, recruited exclusively from Transylvanians regardless of their nationality. Based on 1st Decree passed by the Consiliul Dirigent of Sibiu, all the former Austro-Hungarian laws, ordinances, regulations and legal statutes issued prior to December 18th1918, when Transylvania was proclaimed independent of Budapest, were kept temporarily in force. Within this context, militaries of the divisions recruited from Transylvanian were subject to military jurisdiction under Austro-Hungarian Military Criminal Code of 1855, whereas Romanian militaries who were under the command of Transylvanian Headquarters were subject to the jurisdiction of Romanian laws, implicitly to the Code of military justice