- published: 05 Apr 2011
- views: 20710
Military justice
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. The latter condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared enforced.
Canada
All Commands of the Canadian Forces (CF) (that is, Royal Canadian Navy, Canadian Army, Royal Canadian Air Force, Canadian Joint Operations Command, and Canadian Special Operations Forces Command) are primarily governed by the National Defence Act (NDA). Section 12 of the NDA§ authorizes the governor in council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having the force of law. Since the principle of delegatus non potest delegare has not achieved rigid standing in Canada, the QR&Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within the CF to administer the day-to-day considerations of the Forces.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Military_justice
Podcasts:
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Military Tribunals for Guantánamo Detainees
Benjamin Wittes: This was a reality check for the administration; it was a tough decision but it was the right was the right decision. And, like it or not, the President might have to reevaluate what he wants to do about Guantanamo Bay. More: http://goo.gl/6VZKH
published: 05 Apr 2011 -
September 11 accused faces military tribunal
Khalid Sheikh Mohammed is the self-professed brains behind the September 11 attacks and is about to face a military tribunal in a case that's sparked debate over justice in the age of terrorism.
published: 03 May 2012 -
Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after WW II
Organized in the wake of World War Two by the victorious Allies, the Nuremberg Trials were intended to hold the Nazis to account for their crimes and to restore a sense of justice to a world devastated by violence. As Francine Hirsch reveals in her groundbreaking new book, a major piece of the Nuremberg story has routinely been left out: the critical role of the Soviet Union. Soviet Judgment at Nuremberg offers a startlingly new view of the International Military Tribunal and a fresh perspective on the movement for international human rights that it helped launch. Francine Hirsch is Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison, where she teaches courses on Soviet and Modern European history and on the history of human rights. She received her...
published: 13 Nov 2020 -
International Military Tribunal for the Far East brings Japanese war criminals to trial in...(1946)
GAUMONT BRITISH NEWSREEL (REUTERS) To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL-FOR-THE-FAR-EAST-BRINGS-JAPANESE Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military police arrive to the Tokyo War Crimes Tribunal Full Description: JAPAN: Tokyo: INT/EXT TOJO. Hit over head by fellow prisoner, when they face there trial in Tokyo, Japan; Crime, Justice and Law Enforcement; Post War WWII, Second World War, IMTFE, Axis, Japan's War Responsibility, defendants, postwar Background: Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military polic...
published: 21 Dec 2020 -
Holder: 9/11 Suspects to Face Military Tribunal
Attorney General Eric Holder said on Monday that 9/11 mastermind Khalid Sheikh Mohammed and four coconspirators are being referred to a military commission to stand trial. (April 4)
published: 04 Apr 2011 -
9/11 Suspects to Face Military Tribunal
The self-proclaimed 9/11 mastermind and four co-conspirators will face a military tribunal, after the Obama administration faced stiff opposition to its plan of trying them in a New York City civilian court. (April 4)
published: 04 Apr 2011 -
Analysis of US military tribunal plans
(3 Feb 2002) STORY US Defence Secretary Donald Rumsfeld says suspected Taliban and al-Qaida fighters captured in Afghanistan will not be considered prisoners-of-war. At the Pentagon on Wednesday, he echoed comments made earlier in the week by President Bush on the status of 158 captives held by the US at a base in Guantanamo Bay, Cuba. On Monday, President Bush said the captives are "illegal combatants" and do not qualify as prisoners of war. In defending the US stance, Rumsfeld says the 1949 Geneva Convention, which covers such situations, says that fighters who don' t wear uniforms and try to blend in with civilians are not entitled to P-O-W status. The Bush administration is standing firm against criticism abroad over the treatment of the captives and their status. Yet to be deci...
published: 21 Jul 2015 -
AG Holder: 9/11 suspects to be tried in military tribunal
Attorney General Eric Holder announced that the suspected terrorists behind the 9/11 attacks will be tried in a military tribunal. Bob Orr reports.
published: 04 Apr 2011 -
Turkey Military Tribunal
(7 Apr 1987) TURKEY: A military tribunal has sentenced Alparsian Turkes, the chief of Turkey's militant right-wing movement "Grey Wolves", to 11 years' jail. Find out more about AP Archive: http://www.aparchive.com/HowWeWork Twitter: https://twitter.com/AP_Archive Facebook: https://www.facebook.com/APArchives Instagram: https://www.instagram.com/APNews/ You can license this story through AP Archive: http://www.aparchive.com/metadata/youtube/e43422d7a878e15d31431acd14008d21
published: 21 Jul 2015 -
Hamdan vs. Rumsfield: Fighting Military Tribunals and Other Government Intrusion
Steve Vladeck '01, professor of law at American University Washington College of Law, was part of the legal team that successfully challenged the Bush Administration's use of military tribunals at Guantanamo Bay, Cuba, in Hamdan vs. Rumsfield, 548 U.S. 557 (2006). In addition, he has coauthored amicus briefs in a host of other lawsuits challenging the U.S. government's surveillance and detention of terrorism suspects. Steve discusses his work on Hamdan as well as the current detainee litigation and the ongoing debate over military commissions and indefinite detention. Steve graduated from Yale Law School in 2004, where he was executive editor of the Yale Law Journal and then clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Rose...
published: 08 Jul 2011
3:24
Military Tribunals for Guantánamo Detainees
- Order: Reorder
- Duration: 3:24
- Uploaded Date: 05 Apr 2011
- views: 20710
Benjamin Wittes: This was a reality check for the administration; it was a tough decision but it was the right was the right decision. And, like it or not, the ...
Benjamin Wittes: This was a reality check for the administration; it was a tough decision but it was the right was the right decision. And, like it or not, the President might have to reevaluate what he wants to do about Guantanamo Bay. More: http://goo.gl/6VZKH
https://wn.com/Military_Tribunals_For_Guantánamo_Detainees
Benjamin Wittes: This was a reality check for the administration; it was a tough decision but it was the right was the right decision. And, like it or not, the President might have to reevaluate what he wants to do about Guantanamo Bay. More: http://goo.gl/6VZKH
5:47
September 11 accused faces military tribunal
- Order: Reorder
- Duration: 5:47
- Uploaded Date: 03 May 2012
- views: 6343
Khalid Sheikh Mohammed is the self-professed brains behind the September 11 attacks and is about to face a military tribunal in a case that's sparked debate ove...
Khalid Sheikh Mohammed is the self-professed brains behind the September 11 attacks and is about to face a military tribunal in a case that's sparked debate over justice in the age of terrorism.
https://wn.com/September_11_Accused_Faces_Military_Tribunal
Khalid Sheikh Mohammed is the self-professed brains behind the September 11 attacks and is about to face a military tribunal in a case that's sparked debate over justice in the age of terrorism.
- published: 03 May 2012
- views: 6343
1:31:10
Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after WW II
- Order: Reorder
- Duration: 1:31:10
- Uploaded Date: 13 Nov 2020
- views: 1624
Organized in the wake of World War Two by the victorious Allies, the Nuremberg Trials were intended to hold the Nazis to account for their crimes and to restore...
Organized in the wake of World War Two by the victorious Allies, the Nuremberg Trials were intended to hold the Nazis to account for their crimes and to restore a sense of justice to a world devastated by violence. As Francine Hirsch reveals in her groundbreaking new book, a major piece of the Nuremberg story has routinely been left out: the critical role of the Soviet Union. Soviet Judgment at Nuremberg offers a startlingly new view of the International Military Tribunal and a fresh perspective on the movement for international human rights that it helped launch.
Francine Hirsch is Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison, where she teaches courses on Soviet and Modern European history and on the history of human rights. She received her PhD in History from Princeton University in 1998. Her first book, Empire of Nations: Ethnographic Knowledge and the Making of the Soviet Union (2005) received several awards, including the Herbert Baxter Adams Prize of the American Historical Association. She has just launched a new project on the history of Russian-American entanglement.
The Washington History Seminar is co-chaired by Eric Arnesen (George Washington University and the National History Center) and Christian Ostermann (Woodrow Wilson Center) and is organized jointly by the National History Center of the American Historical Association and the Woodrow Wilson Center's History and Public Policy Program. It meets weekly during the academic year. The seminar thanks its anonymous individual donors and institutional partners (the George Washington University History Department and the Lepage Center for History in the Public Interest) for their continued support.
https://wn.com/Soviet_Judgment_At_Nuremberg_A_New_History_Of_The_International_Military_Tribunal_After_WW_Ii
Organized in the wake of World War Two by the victorious Allies, the Nuremberg Trials were intended to hold the Nazis to account for their crimes and to restore a sense of justice to a world devastated by violence. As Francine Hirsch reveals in her groundbreaking new book, a major piece of the Nuremberg story has routinely been left out: the critical role of the Soviet Union. Soviet Judgment at Nuremberg offers a startlingly new view of the International Military Tribunal and a fresh perspective on the movement for international human rights that it helped launch.
Francine Hirsch is Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison, where she teaches courses on Soviet and Modern European history and on the history of human rights. She received her PhD in History from Princeton University in 1998. Her first book, Empire of Nations: Ethnographic Knowledge and the Making of the Soviet Union (2005) received several awards, including the Herbert Baxter Adams Prize of the American Historical Association. She has just launched a new project on the history of Russian-American entanglement.
The Washington History Seminar is co-chaired by Eric Arnesen (George Washington University and the National History Center) and Christian Ostermann (Woodrow Wilson Center) and is organized jointly by the National History Center of the American Historical Association and the Woodrow Wilson Center's History and Public Policy Program. It meets weekly during the academic year. The seminar thanks its anonymous individual donors and institutional partners (the George Washington University History Department and the Lepage Center for History in the Public Interest) for their continued support.
- published: 13 Nov 2020
- views: 1624
0:47
International Military Tribunal for the Far East brings Japanese war criminals to trial in...(1946)
- Order: Reorder
- Duration: 0:47
- Uploaded Date: 21 Dec 2020
- views: 4862
GAUMONT BRITISH NEWSREEL (REUTERS)
To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL...
GAUMONT BRITISH NEWSREEL (REUTERS)
To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL-FOR-THE-FAR-EAST-BRINGS-JAPANESE
Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military police arrive to the Tokyo War Crimes Tribunal
Full Description:
JAPAN: Tokyo:
INT/EXT
TOJO. Hit over head by fellow prisoner, when they face there trial in Tokyo,
Japan; Crime, Justice and Law Enforcement; Post War
WWII, Second World War, IMTFE, Axis, Japan's War Responsibility, defendants, postwar
Background: Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military police arrive to the Tokyo War Crimes Tribunal
FILM ID: VLVA61UTJ3520ZPZFRR46Q85LJZPO
To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL-FOR-THE-FAR-EAST-BRINGS-JAPANESE
Archive: Reuters
Archive managed by: British Pathé
https://wn.com/International_Military_Tribunal_For_The_Far_East_Brings_Japanese_War_Criminals_To_Trial_In...(1946)
GAUMONT BRITISH NEWSREEL (REUTERS)
To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL-FOR-THE-FAR-EAST-BRINGS-JAPANESE
Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military police arrive to the Tokyo War Crimes Tribunal
Full Description:
JAPAN: Tokyo:
INT/EXT
TOJO. Hit over head by fellow prisoner, when they face there trial in Tokyo,
Japan; Crime, Justice and Law Enforcement; Post War
WWII, Second World War, IMTFE, Axis, Japan's War Responsibility, defendants, postwar
Background: Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military police arrive to the Tokyo War Crimes Tribunal
FILM ID: VLVA61UTJ3520ZPZFRR46Q85LJZPO
To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL-FOR-THE-FAR-EAST-BRINGS-JAPANESE
Archive: Reuters
Archive managed by: British Pathé
- published: 21 Dec 2020
- views: 4862
1:51
Holder: 9/11 Suspects to Face Military Tribunal
- Order: Reorder
- Duration: 1:51
- Uploaded Date: 04 Apr 2011
- views: 3114
Attorney General Eric Holder said on Monday that 9/11 mastermind Khalid Sheikh Mohammed and four coconspirators are being referred to a military commission to s...
Attorney General Eric Holder said on Monday that 9/11 mastermind Khalid Sheikh Mohammed and four coconspirators are being referred to a military commission to stand trial. (April 4)
https://wn.com/Holder_9_11_Suspects_To_Face_Military_Tribunal
Attorney General Eric Holder said on Monday that 9/11 mastermind Khalid Sheikh Mohammed and four coconspirators are being referred to a military commission to stand trial. (April 4)
- published: 04 Apr 2011
- views: 3114
2:05
9/11 Suspects to Face Military Tribunal
- Order: Reorder
- Duration: 2:05
- Uploaded Date: 04 Apr 2011
- views: 1731
The self-proclaimed 9/11 mastermind and four co-conspirators will face a military tribunal, after the Obama administration faced stiff opposition to its plan of...
The self-proclaimed 9/11 mastermind and four co-conspirators will face a military tribunal, after the Obama administration faced stiff opposition to its plan of trying them in a New York City civilian court. (April 4)
https://wn.com/9_11_Suspects_To_Face_Military_Tribunal
The self-proclaimed 9/11 mastermind and four co-conspirators will face a military tribunal, after the Obama administration faced stiff opposition to its plan of trying them in a New York City civilian court. (April 4)
- published: 04 Apr 2011
- views: 1731
3:47
Analysis of US military tribunal plans
- Order: Reorder
- Duration: 3:47
- Uploaded Date: 21 Jul 2015
- views: 12259
(3 Feb 2002) STORY
US Defence Secretary Donald Rumsfeld says suspected Taliban and al-Qaida fighters captured in Afghanistan will not be considered prisoners-o...
(3 Feb 2002) STORY
US Defence Secretary Donald Rumsfeld says suspected Taliban and al-Qaida fighters captured in Afghanistan will not be considered prisoners-of-war.
At the Pentagon on Wednesday, he echoed comments made earlier in the week by President Bush on the status of 158 captives held by the US at a base in Guantanamo Bay, Cuba.
On Monday, President Bush said the captives are "illegal combatants" and do not qualify as prisoners of war.
In defending the US stance, Rumsfeld says the 1949 Geneva Convention, which covers such situations, says that fighters who don' t wear uniforms and try to blend in with civilians are not entitled to P-O-W status.
The Bush administration is standing firm against criticism abroad over the treatment of the captives and their status.
Yet to be decided is what sort of justice, if any, they'll receive while in US custody.
Senior administration officials are considering how they'll carry out a presidential directive that would allow some of those captives to face a military trial and possible death sentence.
At issue is whether the 52-year-old Geneva Conventions apply to the war in Afghanistan
and whether its safeguards apply to those captured.
The conventions require that P-O-Ws be humanely treated.
US officials have said that while the captives held in Cuba are considered detainees and not P-O-Ws, they are being treated well.
P-O-W status would confer an array of rights on the terror suspects under the Geneva accords.
It would entitle them to trials under the same procedures as US soldiers, and not through the military tribunals the administration has authorised.
But calling them P-O-Ws would restrict the ability to interrogate the prisoners about terrorism.
And some legal analysts, including former US State Department legal advisor Michael Matheson, say al-Qaida suspects in particular would not meet the test to qualify for
P-O-W status.
Matheson worked with United Nations officials to create tribunals for the former Yugoslavia and Rwanda.
He says fighters without common military uniforms, not openly bearing firearms and engaging in covert acts of terror against civilians likely do not meet the P-O-W standard.
The president decided earlier this month that charges of terrorism against the captives disqualified them from P-O-W status.
While the President and other US officials use the phrase "illegal combatants" for the suspected terrorists, the phrase does not appear in the Geneva Conventions.
Legal experts said it generally means fighters outside the Geneva Conventions who do not abide by the laws of war.
Analyst Gary Solis says the US is right to treat the captives as unlawful combatants who have violated the laws of war.
Solis is a former professor of military law at the U-S Military Academy, West Point.
And because they are seen as unlawful, Solis says the captives can be tried for violations of those laws.
While their fate within the US legal system is uncertain, treatment of the detainees is prompting an outcry from European nations, UN officials, and human rights groups
Despite the criticism and concern, US officials appear to be considering possible military trials, or tribunals, for some of the captives.
Yet to be determined, though, is the exact form such tribunals will take.
Solis says the tribunals, or military commissions, could be organised like a military courts martial, with a three-judge panel of military officers presiding.
While the accused would get a full and fair hearing, Solis notes that tribunals are typically more streamlined than a civil court, also with relaxed standards for evidence.
Find out more about AP Archive: http://www.aparchive.com/HowWeWork
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Instagram: https://www.instagram.com/APNews/
You can license this story through AP Archive: http://www.aparchive.com/metadata/youtube/3ac4e8967df0d1bcd15dce98dd2b77d8
https://wn.com/Analysis_Of_US_Military_Tribunal_Plans
(3 Feb 2002) STORY
US Defence Secretary Donald Rumsfeld says suspected Taliban and al-Qaida fighters captured in Afghanistan will not be considered prisoners-of-war.
At the Pentagon on Wednesday, he echoed comments made earlier in the week by President Bush on the status of 158 captives held by the US at a base in Guantanamo Bay, Cuba.
On Monday, President Bush said the captives are "illegal combatants" and do not qualify as prisoners of war.
In defending the US stance, Rumsfeld says the 1949 Geneva Convention, which covers such situations, says that fighters who don' t wear uniforms and try to blend in with civilians are not entitled to P-O-W status.
The Bush administration is standing firm against criticism abroad over the treatment of the captives and their status.
Yet to be decided is what sort of justice, if any, they'll receive while in US custody.
Senior administration officials are considering how they'll carry out a presidential directive that would allow some of those captives to face a military trial and possible death sentence.
At issue is whether the 52-year-old Geneva Conventions apply to the war in Afghanistan
and whether its safeguards apply to those captured.
The conventions require that P-O-Ws be humanely treated.
US officials have said that while the captives held in Cuba are considered detainees and not P-O-Ws, they are being treated well.
P-O-W status would confer an array of rights on the terror suspects under the Geneva accords.
It would entitle them to trials under the same procedures as US soldiers, and not through the military tribunals the administration has authorised.
But calling them P-O-Ws would restrict the ability to interrogate the prisoners about terrorism.
And some legal analysts, including former US State Department legal advisor Michael Matheson, say al-Qaida suspects in particular would not meet the test to qualify for
P-O-W status.
Matheson worked with United Nations officials to create tribunals for the former Yugoslavia and Rwanda.
He says fighters without common military uniforms, not openly bearing firearms and engaging in covert acts of terror against civilians likely do not meet the P-O-W standard.
The president decided earlier this month that charges of terrorism against the captives disqualified them from P-O-W status.
While the President and other US officials use the phrase "illegal combatants" for the suspected terrorists, the phrase does not appear in the Geneva Conventions.
Legal experts said it generally means fighters outside the Geneva Conventions who do not abide by the laws of war.
Analyst Gary Solis says the US is right to treat the captives as unlawful combatants who have violated the laws of war.
Solis is a former professor of military law at the U-S Military Academy, West Point.
And because they are seen as unlawful, Solis says the captives can be tried for violations of those laws.
While their fate within the US legal system is uncertain, treatment of the detainees is prompting an outcry from European nations, UN officials, and human rights groups
Despite the criticism and concern, US officials appear to be considering possible military trials, or tribunals, for some of the captives.
Yet to be determined, though, is the exact form such tribunals will take.
Solis says the tribunals, or military commissions, could be organised like a military courts martial, with a three-judge panel of military officers presiding.
While the accused would get a full and fair hearing, Solis notes that tribunals are typically more streamlined than a civil court, also with relaxed standards for evidence.
Find out more about AP Archive: http://www.aparchive.com/HowWeWork
Twitter: https://twitter.com/AP_Archive
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Instagram: https://www.instagram.com/APNews/
You can license this story through AP Archive: http://www.aparchive.com/metadata/youtube/3ac4e8967df0d1bcd15dce98dd2b77d8
- published: 21 Jul 2015
- views: 12259
2:00
AG Holder: 9/11 suspects to be tried in military tribunal
- Order: Reorder
- Duration: 2:00
- Uploaded Date: 04 Apr 2011
- views: 2016
Attorney General Eric Holder announced that the suspected terrorists behind the 9/11 attacks will be tried in a military tribunal. Bob Orr reports.
Attorney General Eric Holder announced that the suspected terrorists behind the 9/11 attacks will be tried in a military tribunal. Bob Orr reports.
https://wn.com/Ag_Holder_9_11_Suspects_To_Be_Tried_In_Military_Tribunal
Attorney General Eric Holder announced that the suspected terrorists behind the 9/11 attacks will be tried in a military tribunal. Bob Orr reports.
- published: 04 Apr 2011
- views: 2016
2:01
Turkey Military Tribunal
- Order: Reorder
- Duration: 2:01
- Uploaded Date: 21 Jul 2015
- views: 7021
(7 Apr 1987) TURKEY: A military tribunal has sentenced Alparsian Turkes, the chief of Turkey's militant right-wing movement "Grey Wolves", to 11 years' jail.
...
(7 Apr 1987) TURKEY: A military tribunal has sentenced Alparsian Turkes, the chief of Turkey's militant right-wing movement "Grey Wolves", to 11 years' jail.
Find out more about AP Archive: http://www.aparchive.com/HowWeWork
Twitter: https://twitter.com/AP_Archive
Facebook: https://www.facebook.com/APArchives
Instagram: https://www.instagram.com/APNews/
You can license this story through AP Archive: http://www.aparchive.com/metadata/youtube/e43422d7a878e15d31431acd14008d21
https://wn.com/Turkey_Military_Tribunal
(7 Apr 1987) TURKEY: A military tribunal has sentenced Alparsian Turkes, the chief of Turkey's militant right-wing movement "Grey Wolves", to 11 years' jail.
Find out more about AP Archive: http://www.aparchive.com/HowWeWork
Twitter: https://twitter.com/AP_Archive
Facebook: https://www.facebook.com/APArchives
Instagram: https://www.instagram.com/APNews/
You can license this story through AP Archive: http://www.aparchive.com/metadata/youtube/e43422d7a878e15d31431acd14008d21
- published: 21 Jul 2015
- views: 7021
56:00
Hamdan vs. Rumsfield: Fighting Military Tribunals and Other Government Intrusion
- Order: Reorder
- Duration: 56:00
- Uploaded Date: 08 Jul 2011
- views: 1893
Steve Vladeck '01, professor of law at American University Washington College of Law, was part of the legal team that successfully challenged the Bush Administr...
Steve Vladeck '01, professor of law at American University Washington College of Law, was part of the legal team that successfully challenged the Bush Administration's use of military tribunals at Guantanamo Bay, Cuba, in Hamdan vs. Rumsfield, 548 U.S. 557 (2006). In addition, he has coauthored amicus briefs in a host of other lawsuits challenging the U.S. government's surveillance and detention of terrorism suspects. Steve discusses his work on Hamdan as well as the current detainee litigation and the ongoing debate over military commissions and indefinite detention. Steve graduated from Yale Law School in 2004, where he was executive editor of the Yale Law Journal and then clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit.
https://wn.com/Hamdan_Vs._Rumsfield_Fighting_Military_Tribunals_And_Other_Government_Intrusion
Steve Vladeck '01, professor of law at American University Washington College of Law, was part of the legal team that successfully challenged the Bush Administration's use of military tribunals at Guantanamo Bay, Cuba, in Hamdan vs. Rumsfield, 548 U.S. 557 (2006). In addition, he has coauthored amicus briefs in a host of other lawsuits challenging the U.S. government's surveillance and detention of terrorism suspects. Steve discusses his work on Hamdan as well as the current detainee litigation and the ongoing debate over military commissions and indefinite detention. Steve graduated from Yale Law School in 2004, where he was executive editor of the Yale Law Journal and then clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit.
- published: 08 Jul 2011
- views: 1893
PLAYLIST TIME:
PLAYLIST TIME:
3:24
Military Tribunals for Guantánamo Detainees
Benjamin Wittes: This was a reality check for the administration; it was a tough decision ...
published: 05 Apr 2011
Military Tribunals for Guantánamo Detainees
Military Tribunals for Guantánamo Detainees
- Report rights infringement
- published: 05 Apr 2011
- views: 20710
Benjamin Wittes: This was a reality check for the administration; it was a tough decision but it was the right was the right decision. And, like it or not, the President might have to reevaluate what he wants to do about Guantanamo Bay. More: http://goo.gl/6VZKH
5:47
September 11 accused faces military tribunal
Khalid Sheikh Mohammed is the self-professed brains behind the September 11 attacks and is...
published: 03 May 2012
September 11 accused faces military tribunal
September 11 accused faces military tribunal
- Report rights infringement
- published: 03 May 2012
- views: 6343
Khalid Sheikh Mohammed is the self-professed brains behind the September 11 attacks and is about to face a military tribunal in a case that's sparked debate over justice in the age of terrorism.
1:31:10
Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after WW II
Organized in the wake of World War Two by the victorious Allies, the Nuremberg Trials were...
published: 13 Nov 2020
Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after WW II
Soviet Judgment at Nuremberg: A New History of the International Military Tribunal after WW II
- Report rights infringement
- published: 13 Nov 2020
- views: 1624
Organized in the wake of World War Two by the victorious Allies, the Nuremberg Trials were intended to hold the Nazis to account for their crimes and to restore a sense of justice to a world devastated by violence. As Francine Hirsch reveals in her groundbreaking new book, a major piece of the Nuremberg story has routinely been left out: the critical role of the Soviet Union. Soviet Judgment at Nuremberg offers a startlingly new view of the International Military Tribunal and a fresh perspective on the movement for international human rights that it helped launch.
Francine Hirsch is Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison, where she teaches courses on Soviet and Modern European history and on the history of human rights. She received her PhD in History from Princeton University in 1998. Her first book, Empire of Nations: Ethnographic Knowledge and the Making of the Soviet Union (2005) received several awards, including the Herbert Baxter Adams Prize of the American Historical Association. She has just launched a new project on the history of Russian-American entanglement.
The Washington History Seminar is co-chaired by Eric Arnesen (George Washington University and the National History Center) and Christian Ostermann (Woodrow Wilson Center) and is organized jointly by the National History Center of the American Historical Association and the Woodrow Wilson Center's History and Public Policy Program. It meets weekly during the academic year. The seminar thanks its anonymous individual donors and institutional partners (the George Washington University History Department and the Lepage Center for History in the Public Interest) for their continued support.
0:47
International Military Tribunal for the Far East brings Japanese war criminals to trial in...(1946)
GAUMONT BRITISH NEWSREEL (REUTERS)
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published: 21 Dec 2020
International Military Tribunal for the Far East brings Japanese war criminals to trial in...(1946)
International Military Tribunal for the Far East brings Japanese war criminals to trial in...(1946)
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GAUMONT BRITISH NEWSREEL (REUTERS)
To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL-FOR-THE-FAR-EAST-BRINGS-JAPANESE
Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military police arrive to the Tokyo War Crimes Tribunal
Full Description:
JAPAN: Tokyo:
INT/EXT
TOJO. Hit over head by fellow prisoner, when they face there trial in Tokyo,
Japan; Crime, Justice and Law Enforcement; Post War
WWII, Second World War, IMTFE, Axis, Japan's War Responsibility, defendants, postwar
Background: Former Prime Minister Hideki Tojo and Foreign Minister Mamoru Shigemitsu of Japan along with other war criminals in the custody of military police arrive to the Tokyo War Crimes Tribunal
FILM ID: VLVA61UTJ3520ZPZFRR46Q85LJZPO
To license this film, visit https://www.britishpathe.com/video/VLVA61UTJ3520ZPZFRR46Q85LJZPO-INTERNATIONAL-MILITARY-TRIBUNAL-FOR-THE-FAR-EAST-BRINGS-JAPANESE
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1:51
Holder: 9/11 Suspects to Face Military Tribunal
Attorney General Eric Holder said on Monday that 9/11 mastermind Khalid Sheikh Mohammed an...
published: 04 Apr 2011
Holder: 9/11 Suspects to Face Military Tribunal
Holder: 9/11 Suspects to Face Military Tribunal
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Attorney General Eric Holder said on Monday that 9/11 mastermind Khalid Sheikh Mohammed and four coconspirators are being referred to a military commission to stand trial. (April 4)
2:05
9/11 Suspects to Face Military Tribunal
The self-proclaimed 9/11 mastermind and four co-conspirators will face a military tribunal...
published: 04 Apr 2011
9/11 Suspects to Face Military Tribunal
9/11 Suspects to Face Military Tribunal
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The self-proclaimed 9/11 mastermind and four co-conspirators will face a military tribunal, after the Obama administration faced stiff opposition to its plan of trying them in a New York City civilian court. (April 4)
3:47
Analysis of US military tribunal plans
(3 Feb 2002) STORY
US Defence Secretary Donald Rumsfeld says suspected Taliban and al-Qai...
published: 21 Jul 2015
Analysis of US military tribunal plans
Analysis of US military tribunal plans
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(3 Feb 2002) STORY
US Defence Secretary Donald Rumsfeld says suspected Taliban and al-Qaida fighters captured in Afghanistan will not be considered prisoners-of-war.
At the Pentagon on Wednesday, he echoed comments made earlier in the week by President Bush on the status of 158 captives held by the US at a base in Guantanamo Bay, Cuba.
On Monday, President Bush said the captives are "illegal combatants" and do not qualify as prisoners of war.
In defending the US stance, Rumsfeld says the 1949 Geneva Convention, which covers such situations, says that fighters who don' t wear uniforms and try to blend in with civilians are not entitled to P-O-W status.
The Bush administration is standing firm against criticism abroad over the treatment of the captives and their status.
Yet to be decided is what sort of justice, if any, they'll receive while in US custody.
Senior administration officials are considering how they'll carry out a presidential directive that would allow some of those captives to face a military trial and possible death sentence.
At issue is whether the 52-year-old Geneva Conventions apply to the war in Afghanistan
and whether its safeguards apply to those captured.
The conventions require that P-O-Ws be humanely treated.
US officials have said that while the captives held in Cuba are considered detainees and not P-O-Ws, they are being treated well.
P-O-W status would confer an array of rights on the terror suspects under the Geneva accords.
It would entitle them to trials under the same procedures as US soldiers, and not through the military tribunals the administration has authorised.
But calling them P-O-Ws would restrict the ability to interrogate the prisoners about terrorism.
And some legal analysts, including former US State Department legal advisor Michael Matheson, say al-Qaida suspects in particular would not meet the test to qualify for
P-O-W status.
Matheson worked with United Nations officials to create tribunals for the former Yugoslavia and Rwanda.
He says fighters without common military uniforms, not openly bearing firearms and engaging in covert acts of terror against civilians likely do not meet the P-O-W standard.
The president decided earlier this month that charges of terrorism against the captives disqualified them from P-O-W status.
While the President and other US officials use the phrase "illegal combatants" for the suspected terrorists, the phrase does not appear in the Geneva Conventions.
Legal experts said it generally means fighters outside the Geneva Conventions who do not abide by the laws of war.
Analyst Gary Solis says the US is right to treat the captives as unlawful combatants who have violated the laws of war.
Solis is a former professor of military law at the U-S Military Academy, West Point.
And because they are seen as unlawful, Solis says the captives can be tried for violations of those laws.
While their fate within the US legal system is uncertain, treatment of the detainees is prompting an outcry from European nations, UN officials, and human rights groups
Despite the criticism and concern, US officials appear to be considering possible military trials, or tribunals, for some of the captives.
Yet to be determined, though, is the exact form such tribunals will take.
Solis says the tribunals, or military commissions, could be organised like a military courts martial, with a three-judge panel of military officers presiding.
While the accused would get a full and fair hearing, Solis notes that tribunals are typically more streamlined than a civil court, also with relaxed standards for evidence.
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2:00
AG Holder: 9/11 suspects to be tried in military tribunal
Attorney General Eric Holder announced that the suspected terrorists behind the 9/11 attac...
published: 04 Apr 2011
AG Holder: 9/11 suspects to be tried in military tribunal
AG Holder: 9/11 suspects to be tried in military tribunal
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Attorney General Eric Holder announced that the suspected terrorists behind the 9/11 attacks will be tried in a military tribunal. Bob Orr reports.
2:01
Turkey Military Tribunal
(7 Apr 1987) TURKEY: A military tribunal has sentenced Alparsian Turkes, the chief of Tur...
published: 21 Jul 2015
Turkey Military Tribunal
Turkey Military Tribunal
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(7 Apr 1987) TURKEY: A military tribunal has sentenced Alparsian Turkes, the chief of Turkey's militant right-wing movement "Grey Wolves", to 11 years' jail.
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56:00
Hamdan vs. Rumsfield: Fighting Military Tribunals and Other Government Intrusion
Steve Vladeck '01, professor of law at American University Washington College of Law, was ...
published: 08 Jul 2011
Hamdan vs. Rumsfield: Fighting Military Tribunals and Other Government Intrusion
Hamdan vs. Rumsfield: Fighting Military Tribunals and Other Government Intrusion
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Steve Vladeck '01, professor of law at American University Washington College of Law, was part of the legal team that successfully challenged the Bush Administration's use of military tribunals at Guantanamo Bay, Cuba, in Hamdan vs. Rumsfield, 548 U.S. 557 (2006). In addition, he has coauthored amicus briefs in a host of other lawsuits challenging the U.S. government's surveillance and detention of terrorism suspects. Steve discusses his work on Hamdan as well as the current detainee litigation and the ongoing debate over military commissions and indefinite detention. Steve graduated from Yale Law School in 2004, where he was executive editor of the Yale Law Journal and then clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit.
Military justice
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. The latter condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared enforced.
Canada
All Commands of the Canadian Forces (CF) (that is, Royal Canadian Navy, Canadian Army, Royal Canadian Air Force, Canadian Joint Operations Command, and Canadian Special Operations Forces Command) are primarily governed by the National Defence Act (NDA). Section 12 of the NDA§ authorizes the governor in council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having the force of law. Since the principle of delegatus non potest delegare has not achieved rigid standing in Canada, the QR&Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within the CF to administer the day-to-day considerations of the Forces.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Military_justice
Military Tribunals for Guantánamo Detainees...
September 11 accused faces military tribunal...
Soviet Judgment at Nuremberg: A New History of the...
International Military Tribunal for the Far East b...
Holder: 9/11 Suspects to Face Military Tribunal...
9/11 Suspects to Face Military Tribunal...
Analysis of US military tribunal plans...
AG Holder: 9/11 suspects to be tried in military t...
Turkey Military Tribunal...
Hamdan vs. Rumsfield: Fighting Military Tribunals ...
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