Military justice in the context of "Military trial"

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⭐ Core Definition: Military justice

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. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.

Military justice is distinct from martial law, which is the imposition of military authority on a civilian population as a substitute for civil authority, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced.

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👉 Military justice in the context of Military trial

A court-martial (plural courts-martial or courts martial, as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.

Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. Most military forces maintain a judicial system that tries defendants for breaches of military discipline. Some countries like France have no courts-martial in times of peace and use civilian courts instead.

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Military justice in the context of Law of Bangladesh

Bangladesh is a common law country, with its legal system inherited from the British during their colonial rule over British India. The region now known as Bangladesh was referred to as Bengal during both the British and Mughal periods, and by other names in earlier times. While religious and political institutions existed from ancient times, the Mughals were the first to recognise and formalize them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.

During periods of martial law in the 1970s and 1980s, proclamations and ordinances were issued as laws. In 2010, the Supreme Court declared that martial law was illegal, which led to a re-enactment of some laws by parliament. A Right to Information Act has been enacted. Several of Bangladesh's laws are controversial, archaic or in violation of the country's own constitution. They include the country's prostitution law, special powers act, blasphemy law, sedition law, internet regulation law, NGO law, media regulation law, military justice and aspects of its property law. Many colonial laws require modernization.

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Military justice in the context of Armed Forces Act 2006

The Armed Forces Act 2006 (c. 52) is an act of the Parliament of the United Kingdom.

It came into force on 31 October 2009. It replaces the three separate Service Discipline Acts (the Army Act 1955 (3 & 4 Eliz. 2. c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2. c. 19) and the Naval Discipline Act 1957 (5 & 6 Eliz. 2. c. 53)) as the system of military justice under which the British Armed Forces operate. The act harmonises service law across the three armed services. One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organizations.

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Military justice in the context of Uniform Code of Military Justice

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 Regulation of the land and naval forces" of the United States.

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Military justice in the context of Israeli law in the West Bank settlements

Israeli law is enforced in Israeli settlements and among Israeli civilians in Area C of the West Bank, a Palestinian territory under military occupation and therefore otherwise subject to military law. Some provisions are applied on a personal basis, such that it applies to Israeli residents rather than territory. Application of the laws has created "enclaves" of Israeli law in the Israeli-occupied West Bank, and the terms "enclave law" and "enclave-based justice" describe the resulting legal system.

In parallel, other portions of Israeli law, including Israeli criminal law, are applied to Israelis on a personal basis in the West Bank. Since January 2018, all laws proposed in the Knesset are actively considered vis à vis their application to the Israeli settlements in the West Bank.

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