Military jurisdiction and international law: military courts and gross human rights violations, vol. 1

The question of “military justice” transcends the judicial sphere and goes to the very heart of observance of the rule of law.

In many countries, military jurisdiction and the esprit de corps that has characterised it have turned military courts into true instruments of military power that have been wielded against civilian power. Military courts often remove members of the armed forces and military institutions from the rule of law and the scrutiny of society. The wellknow quotation from French statesman Georges Clémenceau to the effect that “military justice is to justice what military music is to music” reflects the enormous controversy that military courts have always prompted.

The two parts of Military Jurisdiction and International Law: Military Courts and Gross Human Rights Violations can be downloaded below in PDF format.

Military jurisdiction-publication-2004-eng (full text in English, PDF)

Military jurisdiction-publication-2004-ara (full text in Arabic, PDF)

ReportsThematic reports