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Copyright of Bulletin of the 'Carol I' National Defence University / Buletinul Universitatii Nationale de Aparare 'Carol I' is the property of Carol I National Defence University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The story of Lieutenant Leon Gilbert—a Black United States Army officer court-martialed during the Korean War—challenged the United States' self-declared postwar mission to free oppressed peoples across the world, while continuing to subjugate African Americans at home. Although many critics judged Gilbert's refusal to return to battle as an act of cowardice, others viewed him as a victim, and even a hero. The Gilbert case revealed that although African Americans were ostensibly making progress in the newly desegregated United States military, the fight for racial justice continued to be impeded by white Americans' perceptions of Black inadequacy. Amidst a war purportedly being fought for principles of democracy and freedom, Gilbert's court martial highlighted the connection between American racism and United States foreign policy, as Black military personnel became scapegoats for their nation's military failures. The prosecution and persecution of Gilbert thus exposed the tension between American rhetoric and American racism. [ABSTRACT FROM AUTHOR]

The goal of the author is to investigate a slightly obscure topic: the practice of interwar military justice in Hungary and its related questions, with an emphasis on matters concerning the peculiarities on how to implement them. The bill - which came into effect in 1930 - was born amidst uncommon historical conditions, since the Trianon Peace Treaty basically degraded Hungary into a quasi-numb entity. It is without a doubt that the decade-long consolidation - and its achievements - that came after can be regarded as one of the most prominently successful periods of the era's political history. The historical pressure, the necessity of being able to defend ourselves along with the importance of national security demanded that our army remained intact, despite the prohibitions that surrounded its existence. This called for ensuring that the legal environment was modernized enough to be capable of supporting this goal. The system of regulations inherited from the Austro-Hungarian monarchy was subjected to scrutiny and as a result ended up as a state-of-the art framework that even surpassed the European standards it aimed to match. This paper, putting emphasis on the most important dogmatic junctions, will further review these regulations - substantive or procedural contents alike -. After a brief diversion towards taking a glimpse into the historical situation, we will introduce the system of sanctions and punishments pertaining to military personnel, and proceed with the regulations related to their implementation, which in turn will offer a glimpse into the contemporary philosophy that surrounded military justice and procedure. In accordance, further regulations containing provisions regarding infrastructure, personnel, accommodation, and institution security in general would emerge. The author of the article provides a summary of the most important current relevant legal provisions. It touches upon the military justice system and its subsystems, introduces the more substantive procedural rules, and concludes with an argument on practical implementation. It will also raise the theoretical question on a future independent regulation which would take place in accordance with the reforms of the Hungarian military and the national strategy on defense. [ABSTRACT FROM AUTHOR]

Military justice is specialized in examining all military crimes as defined by its laws, including those affecting national security, in addition to offenses stipulated by criminal law committed by civilians. This study aims to delineate the jurisdiction of military courts within the framework of these serious crimes, especially after the Algerian legislature changed its stance and amended the military judiciary law under law 18-14, revoking the third paragraph of article 25, which expanded the jurisdiction of military courts in trying civilians committing crimes endangering national security. Post-amendment, this jurisdiction is now within the purview of regular criminal courts, affirming the litigants' right to a fair trial. [ABSTRACT FROM AUTHOR]

There are important archives of french martial courts in the Service Historique de la Défense, located in the city of Vincennes near Paris. These archives are very precisous for the history of justice, crime and army. If we take the exemple of feminicids during the First World War in Paris, we could understand how this archives are usefull. Maybe too avoid in France so far, this archives could open new questions about links between war violence and ordinary violence, as well as the differences among military and civil justice.

Central to the historiography of the First World War, scholarship on violence has focused on abstract and impersonal forms of violence between opposing forces or on more personal forms of violence between civilians and enemy combatants. In contrast, this article uses military justice archives to explore instances of serious interpersonal violence and sustained brutality between soldiers in the same combat unit. It provides a new vantage point to explore the complex entanglement of violence and camaraderie and how that played out in the specific context of France's multiethnic Armée d'Afrique. Unpacking the accusations, explanations, and justifications that emerge from multivocal military justice sources illustrates what it meant to commit and be criminalized for certain acts of violence in a context saturated with violence; how and where the line was drawn between acceptable and unacceptable conduct; and, most important, what violence reveals about individual combat experiences and relationships between comrades. Granting access to the perspectives and internal worlds of this diverse group of soldiers, many from racially and otherwise marginalized communities, military justice evidences a complicated and rich set of situational responses and social relationships that enhances our ability to reflect on the conflict's impact on the men caught up in it. [ABSTRACT FROM AUTHOR]

On 14 July 1943, soldiers of the Oklahoma Army National Guard's 1st Battalion, 180th Infantry Regiment brutally murdered more than 70 German and Italian prisoners of war in two separate incidents in the vicinity of the Santo Pietro Airfield near the village of Santo Pietro di Caltagirone, Sicily. These killings, erroneously known as the 'Biscari Massacre,' stand as some of the most brutal atrocities committed by American forces in Europe during the Second World War. Despite this, the US Army generally failed to hold the massacres' perpetrators accountable for their crimes due to the US Military's desire to keep details of the atrocities secret. Of the roughly two dozen soldiers who directly participated in the killings, only two-faced indictment under the 92nd Article of War. Of these, only one suffered punishment. That said, the War Department released the convicted war criminal a mere 14 months into his life sentence due to a potential public relations crisis in relation to issues of command responsibility. In the end, the US Army refused to accept responsibility for the atrocities and actively protected those culpable at the highest levels. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

High rates of sexual assault within the United States Armed Forces have led to several initiatives designed to combat sexual violence and increase prosecution of perpetrators. While scholars argue that the military's hypermasculine culture contributes to high rates of victimization, less is known about how this culture impacts each case within the military justice system. Using in-depth interviews, we explore how military prosecutors develop strategies to navigate this uniquely gendered terrain as it intersects with victim stereotypes. Findings suggest that prosecutors invoke military discourse to combat rape myths but are constrained by gendered assumptions of the ideal servicemember. [ABSTRACT FROM AUTHOR]

The article analyzes the formation of legal regulation of the organization and activities of military justice bodies in Ukraine under the Central Rada. It is shown that due to political circumstances, in particular, the fact that most of the Ukrainian lands were part of the Russian Empire, the organization of military justice was based on the Russian legislation of the second half of the 19th century - the beginning of the 20th century. The Ukrainian revolution, which began in 1917, proposed a solution to the issue of the creation of military justice bodies. One of the acute problems was the lack of qualified Ukrainian lawyers. The most widespread at that time were crimes against the state and public order, which posed a danger to the current authorities and revolutionary changes in general. Therefore, on November 13, 1917, the General Secretariat created the Commission for the Protection of Order in Ukraine (the Commission for the Protection of the Territory). It included representatives of individual secretaries, including military, land, food, judicial, and national affairs. In accordance with the initiatives for the development of the Ukrainian judiciary, on December 2, 1917, the General Court of the Ukrainian People's Republic was created, which performed the functions of the main military court - until the creation of a specialized military court. It was revealed that during the formation of military justice under the Central Rada, considerable attention was paid to military prosecutors. The position of prosecutors was quite important during the implementation of military justice. Military prosecutors and their assistants did not conduct preliminary investigations, but supervised compliance with the law. However, they had the right to be present during investigative actions. Persons who held the positions of prosecutors and fellow prosecutors of district courts remained out of state. Upon receiving the materials of the preliminary investigation, the military prosecutor was obliged to decide whether the case is subject to military judicial authority, whether the investigation has been carried out in full, whether the case should be transferred to court, or whether it can be resolved in a disciplinary manner. In the case of incompleteness of the conducted investigation, the prosecutor had the right to refer the case to further investigation. The prosecutor had no right to change the order of jurisdiction. If the commander agreed with the prosecutor's conclusion that the case was not subject to consideration by a military court, he prepared the corresponding order. It is emphasized that the establishment of legal regulation of the organization and activities of military justice bodies at the initial stage of the Ukrainian revolution was a complex process that took place in the context of important political events. One of the important tasks of military justice was to ensure discipline in the army and fight against abuse of power by military officials. The Central Rada's steps at the initial stage of the Ukrainian revolution were aimed at the Ukrainization and democratization of the court in Ukraine, the development of a number of draft laws that were supposed to outline the judicial system on the basis of autonomy. However, even the Ukrainian People's Republic, proclaimed in November 1917, recognized Russian legislation as valid, except for cases when this legislation contradicted the law adopted by the Central Rada. It has been established that in the initial period of the Ukrainian revolution, a number of laws and other normative legal acts were adopted that determined the activities of the army and only indirectly - military justice. In the Ukrainian military judiciary at the beginning of the revolution, the principles of independence of judges from the administration were established, which was ensured by the procedure of their appointment; the complex procedure for bringing them to disciplinary responsibility; refusal of the inquisitorial type of criminal process; separation of the court from the prosecution (entrusted to the prosecutor's office); dividing the criminal process into two parts - the investigation and the court itself; providing the accused with the right to defense; publicity, oral and continuous nature of the trial, etc. [ABSTRACT FROM AUTHOR]

Copyright of Hikama is the property of Arab Center for Research & Policy Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

An estimated 66,678 men deserted from the French Army between 1914 and 1918. Using conseil de guerre (military tribunal) evidence, including interviews with captured deserters, this article shifts the scholarly focus on desertion from quantitative to qualitative data. This methodological move centres the experiences and voices of individual, often marginalised soldiers and demonstrates how desertion enabled otherwise constrained combatants to exercise agency, both when deserting and during the military justice process. Focusing on colonial citizens and subjects mobilised from North Africa, the article draws empire into scholarly conversations surrounding military justice to enhance understanding of France's multi-ethnic army and the specific imperial dimensions of desertion during the First World War. [ABSTRACT FROM AUTHOR]

Copyright of Revue d'Histoire Moderne & Contemporaine is the property of Societe d'Histoire Moderne et Contemporaine and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Law of Ukraine / Pravo Ukraini is the property of Editorial Board of Journal "Law of Ukraine" and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Does the adoption of constitutional provisions governing the administration of justice in exceptional courts have impact on states' repressive behavior? Drawing on Draft Principles Governing the Administration of Justice through the Military Tribunals, I gather and code data on exceptional courts from the national constitutions of 140 countries between the years of 1990 and 2005. I show that provisions related to exceptional courts prohibiting the trial of human rights violations in exceptional courts, protecting the right to appeal exceptional courts' decisions, prohibiting fair trial derogations during emergency are more likely to increase the cost of repression. These are the provisions that when activated, hold statesmen accountable for their violations of human rights in judicial venues that are less amenable to their control. Whereas provisions establishing exceptional courts, prohibiting the trial of civilians in exceptional courts, and protecting fair trial in exceptional courts are likely to increase repressive behavior. Such provisions provide states with the tools to respond to threat in a way that is difficult to be observed by the public. [ABSTRACT FROM AUTHOR]

This paper aims to address the operation of military justice in Argentina during the period of the so-called "National Organization" that began in the mid-nineteenth century. We will review the influence and survival of the Spanish military tradition expressed in the military ordinances issued by Carlos III (1768) together with the different modalities used by the military authorities to repress military crimes. For this analysis, we will delve into aspects related to the management of internal discipline and military justice that is expressed in the punitive practices applied in various situations within the units of the Army of the Line, together with the laws and military decrees sanctioned during the second mid-nineteenth century in Argentina.

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.

In April of 1945, members of the U.S. army massacred twenty unarmed prisoners near Tambach, Germany. This paper examines the army's response, and why despite abundant evidence and multiple confessions the military justice system failed to convict anyone for the crime. The system faltered due to an incomplete shift in the nature of military justice, one that sought to turn it from a disciplinary tool into one capable of punishing war criminals. The incident at Tambach was not unique, and instead shows a system in crisis – one unable to hold soldiers accountable for illegal violence on the battlefield. [ABSTRACT FROM AUTHOR]

Using data received through the Freedom of Information Act, this observational study explores whether Army law enforcement personnel do not find probable cause in sexual assault cases at higher rates than in other serious crimes. The study compares sexual assaults, homicides, robberies, and assaults in the Army from 2008 to 2014 and July 2015 to 2017. For the first period, the study finds that the odds are 5.30 times greater that Army law enforcement will not find probable cause in a sexual assault case when compared to other crimes, and for the second period the odds are 4.39 times greater. [ABSTRACT FROM AUTHOR]

In the article, the authors raise issues that are relevant for the modern legal system of Ukraine, related to the need to revive the military justice system and, in particular, military courts. The authors emphasize that during the peaceful existence of Ukraine, a dangerous illusion was formed in the society regarding the unnecessary functioning of military justice in the state, however, unforeseen realities fundamentally changed the liberal ideas of peacetime. After the beginning of the armed aggression of the Russian Federation against Ukraine, the work of many courts was completely paralyzed, the judges did not have an algorithm of actions in war conditions, they urgently left for safe cities, including outside the territory of Ukraine, leaving proceedings, documentation, unfinished cases. The study allowed the authors to come to the conclusion that in a situation of continuing armed aggression, the presence of powerful Armed Forces in the state, and when the country is forced to fight for its independence, it is the military courts that are able to ensure legality and exercise justice and judicial control in accordance with their subject jurisdiction. In order to determine the optimal model of military justice, the authors examined the genesis of approaches that existed in society and characterized its attitude to the system of military justice. They analyzed the precedent practice of the European Court of Human Rights, in the context of alleged violations of Art. 6 of the Criminal Code during the administration of justice by military courts, as well as systematized key approaches developed by the Court, which are proposed to be taken into account when restoring the system of military courts in Ukraine. In addition, the authors systematized the existing models of military justice in the world, identified correlations that, apparently, led to the rejection of military justice by some countries, provided detailed arguments about the need to restore it in Ukraine, and indicated promising directions for further scientific research in this area.

The article focuses on the current issue of creating a military justice system for modern law enforcement practice. Based on the idea of military justice as a system of bodies, its composition, in the authors' opinion, should include: (1) the body that carries out the pre-trial investigation and/or supports law and order; (2) the body which oversees legality; (3) military courts. In the article, the authors consider the genesis of the functioning of each of the bodies mentioned above, which, in their opinion, should be part of the military justice system, and emphasize that the idea of creating a system of military justice in this completed form was constantly discussed among scientists and practitioners. However, after Russia's armed aggression against Ukraine began, it ceased to be an idea and should be implemented soon. Considering proposals for the creation of a pre-trial investigation body, which should investigate criminal offences committed by military personnel or other persons belonging to the armed formations as the first stage in the system of criminal justice bodies, the authors give a list of existing risks, which, in particular, include their subordination, which should not affect the independence and impartiality of the investigation. Despite some turbulence in the legislative regulation of the work of the military prosecutor's office in Ukraine, this body, with different names, structural construction, subordination and staffing for a long time, in accordance with the system of the law, carried out the pre-trial investigation of war crimes, supervision over the legality of pre-trial investigation bodies and procedural management of the investigation. Particular attention in the article is paid to arguments supporting the opinion on creating a system of military courts. The reasoning is strengthened by the appeal to the Memorandum of the Council of Europe on military courts and the experience of the functioning of military justice in Switzerland, Poland and Spain.

This work falls within the field of studies on repression and dialogues especially with the lines of research that explore the existing articulations between the legal/illegal and visible/clandestine dimensions of State terrorism. It analyzes, in particular, the role of military justice within the repressive plots deployed at a regional/local scale during the last Argentine military dictatorship. The focus of inquiry is on the specific practices of the actors; in the strategies launched by the military auditors in order to exercise repression, hide certain procedures of the Armed Forces and exhibit others. The work of the military justice is approached without losing sight of the relationship it had with other state bureaucracies and its articulation with the media consubstantiated with the objectives of the dictatorship. The documentary corpus of the investigation includes judicial files, files of members of the Armed Forces, military summaries, press and regulations referring to the administration of military justice. [ABSTRACT FROM AUTHOR]

Copyright of Cuadernos de Historia del Derecho is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pasado y Memoria. Revista de Historia Contemporánea is the property of Pasado y Memoria and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Espacio, Tiempo y Forma: Serie V, Historia Contemporánea is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the topic of desertion in the Romanian army during World War I. Given the scarcity of studies in the field, the scope of the subject, and the early stage of the research, I chose to address the cases of desertion to a foreign country. This was a crime with a lower frequency and, therefore, easier to document. By presenting several examples, I examine who were the deserters, and, above all, what were the reasons behind their decision. The main sources for the contribution are the documents of the law enforcement institutions and those of the Courts Martial. I therefore also explore how the Romanian authorities managed the problem of desertion. However, I do not provide definitive answers on the topic. I rather propose working hypotheses and scenarios, necessary for further research and analysis of the subject. [ABSTRACT FROM AUTHOR]

LGBT (Lesbian, Gay, Bisexual, and Transgender) is a deviant sexual orientation and behavior that is contrary to religious dogma, human nature, and values that live in Indonesian society. It turns out that LGBT behavior has also been committed by TNI soldiers, so that in relation to the resolution of LGBT behavior in the Military Justice system regarding differences in the considerations of the Panel of Judges in the evidence of criminal acts so that in this study it is about the philosophy of the Panel of Judges in proving criminal acts based on Article 103 of the Indonesian Criminal Code. Military Criminal Law and the basis for the implementation of Article 103 of the Criminal Code as well as solutions for setting up LGBT settlements in the future. Apart from that, the research being conducted is normative research with a comparative approach to the decisions of judges in two military courts. prioritizing people of the same sex as a means of channeling their sexual desires is called homosexuality. In conclusion, LGBT behavior in Military Courts is an immoral and immoral behavior that can be subject to strict sanctions in the form of a crime under the provisions of Articles 281 and 103 of the Criminal Code. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

In this article, we show how the U.S. military treats domestic violence and sexual assault as distinct forms of abuse, which has particular consequences for victims of intimate partner sexual violence. We explore how a specific U.S. military branch, the Marine Corps, complicates these issues further by providing services to intimate partner sexual violence victims from two different programs. Analyzing military orders and documents related to Family Advocacy Program and Sexual Assault Prevention and Response program, interviews with eight military prosecutors, and the experiences of one military lawyer, we examine program and interactional-level factors that shape victim services, advocacy, and processes. We find that there are program differences in specialized services, coordinated services, and potential breaches of confidentiality related to victim's cases. We recommend that the Marine Corps recognize the intersections of sexual violence and domestic violence and offer more tailored services to victims of intimate partner sexual violence. [ABSTRACT FROM AUTHOR]

Copyright of Confluenze. Rivista di Studi Iberoamericani is the property of Universita di Bologna, Dipartimento di Lingue, Letterature e Culture Moderne and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the last twenty years, the proliferation of analyses on women during the dictatorship has not ceased, to the point that it has become an independent consolidated category with its own broad and well-established bibliographical base. Despite this, many historians continue to describe female repression as a "pending subject", considering that, despite the recent boom in such research, it has not reached the level of male repression. In this text we want to present you if nowadays we can continue considering the specific repression against women as a pending subject, an unexplored terrain or even as a "historical debt" of historiography. [ABSTRACT FROM AUTHOR]