Wednesday, September 20, 2017

Network for Military Prosecutors

Did you know that the International Association of Prosecutors has created a Network for Military Prosecutors. Information about NMP can be found here. According to the website:
The responsibility for the prosecution of cases concerning military personnel varies across jurisdictions. In some countries, prosecuting offences committed by military personnel is left to the respective military Justice system whilst others choose to entrust the civilian Justice system with this important task. 
The Network of Military Prosecutors seeks to embrace and provice a forum for discussions and exchange of experiences for prosecutors involved with military prosecutions, whether they are civilian or military.
How NMP can benefit you:
The NMP aims to benefit military criminal law practitioners from civilian or military jurisdictions. This network is unique because the IAP is the only global organization of prosecutors that comprise prosecutors from the military and the civilian justice systems. 
NMP is available to all members of the IAP dealing with military criminal cases, including prosecutors belonging to organisational members. 
Members of the IAP will enjoy password protected access to a range of resources and networking opportunities: 
  • A prosecutor directory helping you locate peers around the world; 
  • A discussion forum facilitating the exchange of information and best practice;
  • Background information on the criminal justice systems in those jurisdictions dealing with military criminal cases;
  • A means to identify new trends in international law; 
  • A forum to discuss and exchange case law and legislation; 
  • A means to enhance international cooperation.
Thanks go to Lars Stevnsborg, the Danish Military Prosecutor General, for the information. 

Tuesday, September 19, 2017

White nationalism and military service

What to do when active duty military personnel engage in white nationalist activity in a civilian setting? The question is currently confronting the U.S. Marine Corps, as this article reports. Excerpt:
Staff Sgt. Joseph Manning, of the Marine Corps Engineer School at Camp Lejeune, was charged with first-degree trespassing after unfurling a banner with the letters “YWNRU” — short for “You Will Not Replace Us,” the favorite maxim of the white nationalist group Identity Evropa established by Marine vet Nathan Damigo in 2016. Manning had mounted the flag in Graham, North Carolina, across from town’s historic courthouse during a rally by Alamance County Taking Back Alamance County, a neo-Confederate group. 
Manning, a Purple Heart recipient who served in both Iraq and Afghanistan, is currently “in the process of being administratively separated,” a Training and Education Command spokesman told Marine Corps Times. Sgt. Michael Chesny, the EOD technician from Marine Corps Air Station Cherry Point who drove hours with Manning across North Carolina to participate in the stunt, has already been slapped with an administrative punishment.
If local authorities prosecute, what if anything should the Marine Corps do? 

Military justice bookshelf

Pres. James A. Garfield
Read a good law review article lately?

Here's one military justice mavens won't want to miss: Col. James A. Young, USAF (Ret), The President, His Assassin, and the Court-Martial of Sergeant John A. Mason, 77 A.F. L. Rev. 1 (2017), available here.

Monday, September 18, 2017

Will Nigeria reform its military justice system?

Femi Falana, SAN
We learn more here about the call to update -- review? reform? repeal? -- Nigeria's Armed Forces Act.

The arc of reform

“From 1775 on, there’s been people that have stepped up and said, ‘This doesn’t make sense. We need to change it.’ And from 1775 on, those calls for reform have been met with the same refrain from the military, which is, if commanders don’t have this authority, people won’t listen to them, soldiers won’t listen to them, and we need this for good order and discipline,” he said. “I don’t know what year this is going to get done — hopefully it’s this year — but the one thing I’m 100 percent confident in is we are going to win and the opposition is going to lose. This will happen.”

Col. Don Christensen, USAF (Ret), quoted here in The Hill