Military Justice Reforms Needed in Combat Zones?

Changes may be coming to the way military members accused of crimes against civilians in combat zones are tried.

2012-09-14

September 14, 2012 (Press-News.org) The decision of United States Secretary of Defense Leon Panetta to order a review of the military justice system in place in combat zones has brought attention to an oft-overlooked problem affecting active duty servicemembers: making sure that justice is done when there are criminal interactions between the military and civilians in war zones.

Panetta's Decision

The memo issued by Secretary Panetta's office directs the Defense Legal Policy Board to form a subcommittee tasked with reviewing the military's response "in cases of U.S. Service members alleged to have caused the death, injury, or abuse of non-combatants in Iraq or Afghanistan." The stated purpose of the review is to ensure that the Uniform Code of Military Justice provisions governing combat zone judicial proceedings is still relevant, fair and applicable in the modern world.

Both Secretary Panetta and Pentagon legal spokesman Jeh Johnson have expressly denied that the decision to review legal proceedings in combat zones was motivated by any specific past or ongoing cases. That being said, though, there have been several high-profile incidents in the midst of the conflicts in Afghanistan and Iraq involving multiple civilian deaths and little or no punishment handed down on the accused.

A notable case in Iraq involved the death of 24 civilians at the hand of eight Marines where only one of the accused was tried, and even then, it was not for murder, but instead for dereliction of duty. Another widely publicized case was one from Afghanistan that left 16 non-combatants dead and one soldier accused of the mass shooting that killed them.

What Happens Next?

The subcommittee, co-chaired by retired Army TJAG Walter Huffman and former General Counsel of the Department of Defense, the Honorable Judith Huffman, has seven months from the date of Secretary Panetta's memo to issue a report analyzing the current system of military justice in combat zones. It is unclear at this time whether the committee will recommend changes to the military justice system or not, but any military man or woman accused of a crime - whether or not it involves civilians or is in a combat zone - should seek the counsel of a skilled criminal defense attorney.

Article provided by The Law Offices of Phillip Stackhouse, PLLC
Visit us at www.militarydefender.com

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Military Justice Reforms Needed in Combat Zones?

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