Thursday, October 6, 2016

Fidell on military justice

Out this month with Oxford University Press is Military Justice: A Very Short Introduction, by Eugene R. Fidell (Yale Law School). The book is partly historical in approach.

From the publisher:
"You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantánamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country.

Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards.

He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantánamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country.
Table of Contents after the jump.

Introduction

Separate Rules for a Separate Society

Chapter 1 Military Command and Military Discipline

Chapter 2 The Arc of Civilianization

Chapter 3 Who is Subject to Trial by Court-Martial?

Chapter 4 The Substantive Reach of Court-Martial Jurisdiction

Chapter 5 Command Influence, Lawful and Unlawful

Chapter 6 Conduct Unbecoming and All That

Chapter 7 The Military Judiciary

Chapter 8 Military Lawyering

Chapter 9 Military Justice in the Field

Chapter 10 What about Guantánamo?

Chapter 11 Peering Ahead

More information is available here.

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