Download or read book The Trial of Civilians by Military Courts written by Seán Enright and published by . This book was released on 2012 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1920, Ireland's War of Independence hung in the balance. The response of the government at Westminster was a declaration of martial law in the south and west of Ireland, placing the courts and civil authorities under the control of the army, and also converting a number of non-capital charges into offenses punishable by death. The army then set up its own courts to bring to trial and to punish those who contravened martial law. The lower tier of the military court sent 549 people to prison and recommended many others for internment. The upper tier of the court tried 128 people. 37 men were sentenced to death, of which 14 were executed. Many others received long sentences of imprisonment. This book provides a full account of the historical context and a legal justification for martial law asserted by the government of Lloyd George. The legal, moral, and constitutional issues are examined, along with an analysis of the circumstances of the conflict and the policy decisions wh

Download or read book General Regulations as to the Trial of Civilians by Military Courts written by Great Britain. Army Council and published by . This book was released on 1922 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Regulations as to the Trial of Civilians by Military Courts written by Ireland. Army. Council and published by . This book was released on with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Military Courts Civil Military Relations and the Legal Battle for Democracy written by Brett J. Kyle and published by Routledge. This book was released on 2020-12-22 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

Download or read book It s Not the Right Place for Us written by Human Rights Watch (Organization) and published by . This book was released on 2017 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The report, "'It's Not the Right Place for Us': The Trial of Civilians by Military Courts in Lebanon," documents the due process deficiencies inherent in trying civilians before military courts, the use of confessions extracted under torture, and allegations that Ministry of Defense or army officials have used the courts' broad jurisdiction to intimidate individuals or retaliate against critical speech or activism. Children have also reported being tortured while awaiting prosecution in these courts"--Publisher's description.

Download or read book General Regulations as to the Trial of Civilians by Military Courts written by Ireland. Army. Council and published by . This book was released on 1922 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Guant namo and Beyond written by Fionnuala Ni Aoláin and published by Cambridge University Press. This book was released on 2013-08-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.

Download or read book Military v Civilian Justice for Core International Crimes written by Annika Jones and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-11-09 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Easter Rising 1916 written by Seán Enright and published by Merrion Press. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Rebellion, came the trials. 3,226 men and women were rounded up and brought to Richmond Barracks in Dublin, where they were screened for trial, deportation or release. In the following three weeks of May 1916 nearly 2,000 men and women were deported and interned. 160 prisoners were tried by Field General Courts Martial. These trials were held in camera - no press or public were admitted. None of the prisoners were legally represented or permitted to give sworn evidence in their own defence. Most trials lasted about 20 minutes or less. 90 death sentences were passed and 15 were carried out. This book provides a powerful analysis of an uncomfortable moment in history when the rule of law gave way to political imperatives. The trials and executions took place while the outcome of the Great War hung in the balance. The government judged that publication of the trial records would damage army recruitment and the war effort, so the trial records were suppressed and most were thought to have been destroyed. But since the turn of the century more and more trial records have surfaced, casting dramatic new insights into what took place. This book, the companion to The Trial of Civilians by Military Courts: Ireland 1921, is a fascinating and comprehensive study of the trials which proved to be a pivotal event in Anglo-Irish history.

Download or read book Military Justice written by United States. Department of the Army and published by . This book was released on 1980 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Atrocity and American Military Justice in Southeast Asia written by Louise Barnett and published by Routledge. This book was released on 2010-01-21 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of American army legal proceedings that resulted from a series of moments when soldiers in a war zone crossed a line between performing their legitimate functions and committing crimes against civilians, or atrocities. Using individual judicial proceedings held within war-time Southeast Asia, Louise Barnett analyses how the American military legal system handled crimes against civilians and determines what these cases reveal about the way that war produces atrocity against civilians. Presenting these atrocities and subsequent trials in a way that considers both the personal and the institutional the author considers how and why atrocity happens, the terrain of justification, and the degree to which the army and American society have been willing to take military crimes against civilians seriously. Atrocity and American Military Justice in Southeast Asia will be of interest to students, scholars and professionals interested in Military Justice, Military history and Southeast Asian History more generally.

Download or read book Military Criminal Justice written by David A. Schlueter and published by Lexis Law Publishing (Va). This book was released on 1999 with total page 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Vietnam War on Trial written by Michal R. Belknap and published by . This book was released on 2002 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfolding the Calley case step by step, Belknap shows how our system of military justice actually works. His dramatic reenactment takes readers through every stage of the trial, from pre-trial investigations to actual courtroom exchanges among prosecutors, defenders, witnesses, and judges. In the process, he reveals how a court-martial conducted within the public eye transformed a purely legal proceeding into a political debate about the conduct of the war. Calley.

Download or read book The Military Justice System written by United States. Air Force ROTC. and published by . This book was released on 1962 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This text is designed to give the advanced Air Force ROTC student an over-all view of the military justice system, of how it operates in the Air Force, and of the general responsibilities of those in 'authority or command' who must administer the system. And, above all, it is hoped that the text will engender a feeling that military justice is directly, intimately, and essentially concerned with human conduct - rather than with arbitrary rules, legalistic distinctions, and inflexible classifications"--Pref.

Download or read book Secret Trials and Executions written by Barbara Olshansky and published by Seven Stories Press. This book was released on 2002-04-02 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.

Download or read book Extraordinary Justice written by Peter Judson Richards and published by NYU Press. This book was released on 2007-06-01 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the ways military tribunals seek to administer justice The Al-Qaeda terror attacks of September 11, 2001 aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or “commissions” for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions. Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the “Great War,” and Allied practices during the Second World War. Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.

Download or read book The right to a fair trial Requirements of impartiality and independence under Articles 14 1 ICCPR 8 1 IACHR and 6 1 ECHR in relation to military courts written by Volker Schleiff and published by GRIN Verlag. This book was released on 2008-11-19 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 4.5 (CH!), University of Bern (Institut für öffentliches Recht), language: English, abstract: It is the aim of this thesis to analyse the framework and relevant case law on requirements of independence and impartiality under Article 14 (1) ICCPR, Article 8 (1) IACHR and Article 6 (1) ECHR in relation to military courts. One has to bear in mind that most of the judgments discussed were not solely concerned with questions of impartiality and independence, but also with other fundamental rights, thus the paper has to be read in a context and framework of rights entrenched in the respective Convention or Covenant. Military Courts are not a new phenomenon, they were (and are) a feature of the military system and were originally intended as a tool to uphold a structure which is rooted in vertical influence, thus they have a direct nexus to the executive branch of the state which makes them relatively easy to set up and control on the other hand however, due to their proximity to other branches of the state they can blur the line of the underlying principle – separation of powers -. Several problems spring from the latter aspect[...]. Another problem, which will be also discussed below is that of scrutiny, open courts are subject to public scrutiny whereas military or even partly military courts often lack any form of control. This line of reasoning leads to two characteristical groups of cases, firstly cases involving civilians which are trialled by a military court often in relation to state security issues, the other problem is that of impunity where members of the military sit trial over comrades often resulting in an impunity verdict. Bearing these two groups of cases in mind an approach was taken, first to set out the relevant international legal framework and principles on independence and impartiality, the next part will then, building on the former, analyse the state reports and case law. In doing so it will be shown, in how far the different controlling bodies have developed the requirements of independence and impartiality up to the current date and have found consensus in areas i.e. trial of civilians before military courts but differ in their approach to prevent the latter. After a first overview of the case law it became clear that the gravest interference with the fair trial right has occurred in South America, having said this, at the core of this paper is the analysis of case law before the Inter American Commission of Human Rights and the Inter American Court.