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The ‘Soul of an Army’: A Defence of Military Court Trials for Violations of the Law of Armed Conflict
Israel Law Review Pub Date : 2020-12-12 , DOI: 10.1017/s0021223720000205
Conor Donohue

Military justice as a body of law was subject to much criticism in the preceding decades before undergoing significant reforms to ensure that fair trial rights could be achieved. However, modern military justice systems are appropriate mechanisms for addressing law of armed conflict (LOAC) violations committed by service members. It is argued that the goals of military justice are consistent with LOAC, and that military justice has a valid legal basis to try violations. Such trials have a large body of precedent. The purported disadvantages of military trials are sufficiently mitigated to prevent cover-ups and unfair trials. Furthermore, military justice offers several benefits that cannot be achieved in a civilian or international forum. It is concluded that although military legal systems are imperfect, their role in the enforcement of international criminal law is worthy of further debate.

中文翻译:

“军队的灵魂”:为违反武装冲突法的军事法庭审判辩护

在进行重大改革以确保能够实现公平审判权之前,军事司法作为一项法律在过去几十年中受到了很多批评。然而,现代军事司法系统是处理军人违反武装冲突法 (LOAC) 的适当机制。有人认为,军事司法的目标与 LOAC 一致,并且军事司法具有审理违法行为的有效法律依据。此类试验有大量先例。军事审判的所谓劣势得到充分缓解,以防止掩盖和不公平审判。此外,军事司法提供了一些在民事或国际论坛中无法实现的好处。得出的结论是,虽然军事法律制度不完善,
更新日期:2020-12-12
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