Perspectives of Law and Public Administration (Oct 2022)

NEW EVOLUTIONS OF MILITARY JUSTICE

  • Ovidiu-Horia Maican

Journal volume & issue
Vol. 11, no. 3
pp. 463 – 472

Abstract

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In the last years, military justice systems have been a problem for several reforms in some European states. The push for modernisation processes stems from the reality that military justice in some states wants to increase its truthful trial guarantees inside their legal framework. Recently, the existence of many ordinary military tribunals has been put at stake. Many critics reflect on consideration on military justice is being known as into query due to the alleged nonimpartiality of military courts and global law developments. Some military courts no longer exist on their own, military judicial competences have been embedded into or transferred to civilian courts. A few standing army courts have been abolished, while others nevertheless exist, albeit their roles and obligations for the duration of peacetimes are very modest. Some states permit the introduction of ad hoc tribunals to face specific conditions such as the case of a war, and this is provided for by way of their respective constitutions. Military justice and civil justice are regarded two separate systems.

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