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Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States.The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power . . . to make Rules for the Government and ...
It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense. Each of the five subtitles deals with a separate aspect or component of the armed services. Subtitle A—General Military Law, including Uniform Code of Military Justice; Subtitle B—Army
Military justice, the legal system applying to members of the armed forces; Martial law, where military authority takes over normal administration of law; Military occupation, when a country or area is occupied after invasion. List of military occupations; Military dictatorship, a form of government where political power resides with the military
The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes that limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States.
An exception is the U.S. Army's Funded Legal Education Program, under which a small number of active-duty officers and non-commissioned officers are selected to attend law school on a full-time basis tuition-free while receiving their military base pay and benefits.
The judges are military officers and fulfill the role of jurors. Military tribunals are distinct from courts-martial. A military tribunal is an inquisitorial system based on charges brought by military authorities, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an enemy army.
The judgement of a field commander in battle over military necessity and proportionality is rarely subject to domestic or international legal challenge unless the methods of warfare used by the commander were illegal, as for example was the case with Radislav Krstic who was found guilty as an aider and abettor to genocide by International Criminal Tribunal for the former Yugoslavia for the ...