Court-Martial

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A court-martial (plural courts-martial, as "martial" is postpositive) is a military court. These military courts can determine punishments for members of Right to Rebel subject to military law who are found guilty or may dismiss the charges based on the evidence and the case presented. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Convention requires that POWs who are on trial for war crimes be subject to the same procedures as would be the holding army's own soldiers.

Court-Martial Approval

The JAG office will review matters referred for court-martial by the Accused Commanding officer. JAG will determine if the matter warrants a court-martial, and forward the matter, along with all evidence to the Regiment Executive Officer for final decision.

  • Resulting charges if deemed appropriate will be issued by the JAG office on completion of this investigation.
  • The Chief Judge Advocate General will be responsible for assembling the Court Martial Judges once notification has been received from the convening member and the JAG investigation is complete.

Court-Martial Limitations

  • Maximum penalty imposed shall be the death penalty (dismissal from Right to Rebel Division).
  • May only be convened by;
    • the Executive Officer of the Right to Rebel Division; or
    • the Accused under an Article 15, before those proceedings take place
  • No person facing a Court Martial will be tried by a member of lesser rank unless at the specific instruction issued by the Right to Rebel Division Commanding Officer.
  • Any Right to Rebel Division member involved in such proceedings in any manner must be aware that the proceedings are a closed court and must not disclose any facts he/she obtains as a result of being involved, before, during or after the court sitting.
  • A Court Martial may be held by a Single Judge, without a panel of peers, if the accused so requests and the senior commander of the division the member is in approves.

Trial Procedure

  • The court shall appoint a chairperson.
    • The Chairperson shall be responsible for appointing a court recorder and ensuring an accurate record of events is kept.
    • The Chairperson shall be responsible for delivering a report of the court findings and deliberations to all parties involved including both Right to Rebel Division Commanding officer and Chief Judge Advocate General on completion of court business.
  • The prosecutor is to be assigned by the JAG office.
  • The convening member (Commanding Officer in the Accused chain of command) must ensure that all known facts are passed to the JAG Office so that a full investigation can take place by JAG Officers.
  • All evidence for submission to the court must be sent to the Chairperson prior to the court sitting and the Chairperson is to ensure that all parties have a full copy of that evidence before the hearing.
  • The member charged may be represented by any officer of his choice (not involved with the case in any capacity) to aid in his defense and if one is not chosen one may be supplied or appointed by the JAG Office.
  • It will be the duty of the JAG office to advise the accused of his right be represented at the hearing.
  • Proceedings are not public and it shall be the duty of CJAG to publish on JAG site a précis of the court findings.

Punitive Articles

See Uniform military code of justice

Miscellaneous Provisions

  • JAG officers are members of the Right to Rebel Division with rank of Second Lieutenant and above.
  • JAG officers are appointed by the Right to Rebel Division Commanding Officer after recommendation by the Chief Judge Advocate General.
  • Any member may be dismissed from the Right to Rebel Division by administrative order made by the Right to Rebel Division Commanding Officer.
  • A Review Board shall consist of the next highest ranking member in the offenders Chain of command not previously involved in the case plus one JAG officer. In event of no final decision is reached it shall be passed to the command staff for consideration.
  • Any member dismissed by Administrative action may appeal to the office of Chief Judge Advocate General for a full investigation and subsequent review if the application is made in writing within fourteen (14) days of the order being received.
  • If the Chief Judge Advocate General receives such a request appealing against an administrative action it shall be the duty of Chief Judge Advocate General to initiate an investigation and to convene a Review board of three (3) officers consisting of Colonel rank and higher to consider the action. The review board will report its findings to the Right to Rebel Division Command staff with a copy to Chief Judge Advocate General.
  • If the findings of the review board conflict with Right to Rebel Division Commanding Officer’s decision, and a compromise cannot not reached to satisfy all parties, then a Court Martial shall be convened charging the member with the original offenses.

See Also

Nonjudicial punishment

Negative Counseling Statement

Judge Advocate General Corps

Uniform military code of justice