Publications: Thematic reports

The judgment of civilians by Military Tribunals

Today the ICJ launched its report Military jurisdiction and international law: The civilians before military courts, available only in Spanish for the time being.

The report analyzes the question of the trial of civilians by military courts in light of the principles of the rule of law and international standards on the administration of justice and the right to  a fair trial by an independent, impartial and competent tribunal.

Likewise, the report addresses the historical and normative development, both internationally and nationally, of the principle of the natural judge or competent tribunal, as well as the prohibition of special jurisdictions.

The report presents jurisprudence and doctrine on the trial of civilians by military tribunals, developed by treaty bodies and special human rights procedures of the United Nations, the European Court of Human Rights, the African Commission of Human Rights and the Peoples and the Court and the Inter-American Commission on Human Rights.

The report also presents the main trends in the field of competence of military tribunals, in light of national developments. In addition, the report analyzes the current situation of military tribunals in Brazil, Guinea, Mexico, Portugal, Tunisia and Venezuela.

Finally, the report reproduces the main international law and standards related to the right to be judged by an independent, impartial and competent tribunal, as well as to the trial of civilians by military tribunals, adopted by intergovernmental systems, associations of judges and international conferences of experts.

This report constitutes the second volume of a first ICJ study entitled Military Jurisdiction and International Law – Volume I: Military Tribunal and Gross Human Rights, published in 2003.

That first volume addressed the issue of the trial of military personnel for gross violations of human rights by military tribunals, in light of international law and standards, as well as comparative law.

Universal-Tribunales Militares Vol II-Publications-Reports-Thematic reports-2018-SPA (full report in Spanish, PDF)


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May 4, 2018