The military and the courts: human rights, justice and the importance of military law


Preston Lim writes on the UK Martin case, which he calls progressive but not revolutionary. Professor Eugene Fidell and Dr Pascal Lévesque discuss the “military ties” decisions of the supreme courts of the United States and Canada in their essays.

Kiran Mohandas Menon writes on the Australian War Crimes Act and its interpretation by the High Court of Australia, while there are chapters on Turkey, Denmark, Georgia, Nepal, Colombia, Ukraine and China by Leslie Esbrook, Lars Stevnsborg, Nino Nikolaishvili, Prem Chandra Rai, Marialejandra Moreno Mantilla, Kateryna Busol and Susan Finder, respectively. There are two chapters on judgments concerning women in the military by Aishwarya Bhati, Additional Attorney General of India, and Col. Kathrine K Stich, serving US Army officer. There is a lot to learn from each other’s best practices.

The book, which is now published internationally and is available both online and in regular bookstores, should be read to gain more knowledge of how military law works as interpreted by constitutional courts. and to advance reforms in an area that is mostly absent. from the public eye.

(Lt. Gen. (ret’d) Satish Dua is a former corps commander in Kashmir, who retired as Chief of the Integrated Defense Staff. He tweets @TheSatishDua. This is an opinion piece and the opinions expressed above are those of the author. The quintet neither approves nor is responsible for them.)


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