Book Chapter

Discipline and Military Justice

Alison Duxbury

Human Rights of Armed Forces Personnel: Compendium of Standards, Good Practices and Recommendation | OSCE Office for Democratic Institutions and Human Rights (ODIHR) and Geneva Centre for Security Sector Governance (DCAF) | Published : 2021

Abstract

This chapter discusses the role of military justice systems in protecting the human rights of armed forces personnel. As citizens in uniform, members of the armed forces are, during times of peace, subject to the same criminal laws as civilians. In addition, they have specific duties under military law that are designed to maintain a disciplined environment and ensure operational effectiveness.741 In human rights terms, the challenge is to determine how to enforce military law in a way that is consistent with the rights to a fair trial and due process. This challenge arises in relation to summary trials for minor disciplinary offences, as well as trials in military courts for more serious of..

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University of Melbourne Researchers