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date: 01 October 2020

Abstract and Keywords

This chapter examines military justice and its compatibility with due process guarantees of international law. It considers how military justice can enhance military discipline and outlines some of the substantive penal law issues involved in military justice, particularly military offenses and defenses. Attention then turns to questions of procedure in military justice, with particular reference to summary proceedings and judicial proceedings. The chapter also explores the role of military justice in addressing armed conflict, including trials involving enemy belligerents and civilians in occupied territory. Finally, it assesses the role of military justice in matters of security and states of emergency such as martial law.

Keywords: military justice, due process, international law, military discipline, penal law, military offenses, summary proceedings, armed conflict, states of emergency, martial law

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