When the gavel follows the commander’s whistle: A spotlight on civilian trials in military Courts
by admin on | 2025-07-02 06:57:16 Last Updated by admin on 2025-07-03 09:56:27
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A military court is empowered to determine the guilt of members of the armed forces subject to military law. In the military A military court, also known as a court-martial, is a specialized judicial body established to try members of the armed forces for violations of military law. These courts are distinct from civilian courts and operate under separate legal systems, depending on the country. structure, these courts are an integral part of a country. The Military Courts are not usually controversial, and their existence is justified by the fact that they serve as a disciplinary mechanism rather than a specific judicial mechanism. They are an integral part of the global military framework. However, controversy arises when the military court\'s jurisdiction is extended to civilians under unclear circumstances. The United Nations Human Rights Committee has asserted that the ICCPR, in contemplation of the right to a fair trial, does not prohibit the prosecution of civilians in military courts but requires such trials to conform to fair trial standards. The extension of military courts’ jurisdiction has been a prevalent challenge, with scholars citing power conservation and political class struggles as some of the reasons for adopting this mechanism, where civilians are tried in military courts. Quite often, it depicts a picture of an extension of the executive power, as the commander-in-chief of the armed forces is always the president. The Draft Principles Governing the Administration of Justice Through Military Tribunals stipulate that the operation and organization of military tribunals must ensure that the right to a competent, independent, and impartial tribunal is upheld, from the arrest of the accused through the investigation and trial. The trial before the military courts starts with the arrest, or in many instances, an illegal abduction; an example here is the case of Kizza Besigye from Uganda, who was recently abducted from Kenya to be tried in Uganda. The human rights violation and the dilution of justice start here. The next aim is always to force confessions, where individuals are detained illegally, beaten, threatened, and held incommunicado. It’s akin to the bush mannerisms exercised by the colonialists on the Africans. The trends by the military courts have been devastating, where victims of enforced disappearances are traced to military dungeons awaiting trial. All this raises questions about the independence, impartiality, and adherence to the rule of law, particularly if and when the military courts extend their jurisdiction to civilians. As pointed out earlier, the head of the military is the president, and the members who sit in the...Read more
