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== Hyphenation ==
Court-martial is hyphenated in US usage, whether used as a noun or verb.<ref>[https://www.merriam-webster.com/dictionary/court-martial ''court-martial''] at
== Composition ==
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===China===
{{main|Military court (China)|:zh:中国人民解放军军事法院}}
The Military Court of the Chinese People's Liberation Army is the highest level military court (High Military Court, a special people's court executing the authority of the High People's Court) established by the People's Republic of China within the Chinese People's Liberation Army with jurisdiction over the nation's armed forces (including the [[People's Liberation Army]] and the [[People's Armed Police]]), organized as a unit
===Finland===
[[File:15 condemned deserters Prikaatin kenttäoikeus toimi maastossa Nietjärvellä 18.-21.7. Brigadier-field legal terrain Nietjärvellä 18 to 21.7. 1944. 1944.jpg|thumb|left|The Field Court Martial of the Finnish 15th Brigade in July 1944. (declassified by the Finnish government in 2006 showing the [[Winter War]] and [[Continuation War]] against the Soviet Union from 1939
In Finland, the military has jurisdiction over two types of crimes: those that can be committed only by military personnel and those normal crimes by military persons where both the defendant and the victim are military persons or organizations and the crime has been defined in law as falling under military jurisdiction. The former category includes military offences such as various types of [[insubordination|disobedience]] and [[absence without leave]], while the latter category includes civilian crimes such as murder, assault, theft, fraud and forgery. However, [[war crimes]] and [[sexual crimes]] are not under military jurisdiction.<ref name="SOKL">[https://www.finlex.fi/fi/laki/ajantasa/1983/19830326 Sotilasoikeudenkäyntilaki. (326/1983)]. (Act on military trials). Retrieved 30 August 2015. {{in lang|fi}}</ref>{{rp|§ 2}}
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The [[Basic Law for the Federal Republic of Germany|Basic Law (Grundgesetz)]] (adopted after the [[Second World War]] in 1949) establishes in Art. 96 para. 2<ref>{{cite web|url=http://www.iuscomp.org/gla/statutes/GG.htm#96|title=Basic Law for the Federal Republic of Germany (Grundgesetz, GG)|website=www.iuscomp.org}}</ref> that courts-martial can be established by federal law. Such courts-martial would take action in a [[State of Defence (Germany)|State of Defense (Verteidigungsfall)]] or against soldiers abroad or at sea.
===Greece===
The existence of military courts, naval courts and air courts is provided for in the Constitution of Greece, which in article 96 paragraph 4 states that:
"Special laws define: a. Those related to military courts, naval courts and air courts, to the jurisdiction of which private individuals cannot be subject".
The first chapter of the procedural part of the Military Penal Code (MPC) regulates the matters related to the courts and judicial persons that make up the Military Justice. Specifically in article 167 of the MPC, it is defined that criminal justice in the Army is awarded by the military courts (military courts, air courts, naval courts, review court) and the [[Supreme Civil and Criminal Court of Greece|Supreme Court]].
=== India ===
There are four kinds of courts-martial in India. These are the General Court Martial (GCM), District Court Martial (DCM), Summary General Court Martial (SGCM) and Summary Court Martial (SCM). According to the Army Act, army courts can try personnel for all kinds of offenses, except for murder and rape of a civilian, which are primarily tried by a civilian court of law.
The
===Ireland===
Courts martial are provided for in the [[Constitution of Ireland]], which states in Article 38.4.1 that:
"Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion."
There are three classes of courts martial in the Irish Defence Forces:<ref>{{cite web|url=https://www.military.ie/en/public-information/courts-martial/|title=Courts Martial - Defence Forces|publisher=Department of Defence|website=military.ie|accessdate=15 April 2024}}</ref>
* The Summary Court-Martial (SCM) is tried by a Military Judge sitting alone. Sentences are limited to six months imprisonment.
* The Limited Court-Martial (LCM) is tried by a Military Judge and a board of three members of the Defence Forces. Sentences are limited to two years imprisonment.
* The General Court-Martial (GCM) is tried by a Military Judge and a board of five members of the Defence Forces. The GCM has no sentencing limit. Officers of Lieutenant-Colonel rank and higher can only be tried by a GCM.
===Israel===
{{see also|Palestinian prisoners in Israel}}
[[File:Dzjalame 077.jpg|thumb|upright|Jalame Prison (Kishon Detention Center), located at the depopulated Palestinian village of [[Al-Jalama, Haifa]]]]
Outside of the [[Israeli settlement]]s, the [[West Bank]] remains under direct [[Israel]]i [[military occupation|military rule]], and under the jurisdiction of [[martial law]] in the form of [[military court]]s. The [[international community]] maintains that Israel does not have [[sovereignty]] in the West Bank, and considers Israel's control of the area to be the longest [[military occupation]] in modern history.{{sfn|Hajjar|2005|p=96}}{{efn|The Israeli occupation of the West Bank and Gaza is the longest military occupation in modern times.{{sfn|Hajjar|2005|p=96}}}}
The military court system for the [[Israeli-occupied territories|occupied territories]], modeled partially on the British military court system set up in 1937,{{sfn|Ehrenreich|2016|p=33}} was established in 1967, and had been called the institutional centerpiece of the occupation, and within it West Bank Palestinians are treated as "foreign civilians".{{sfn|Hajjar|2005|p=2}}
The measures it applies, combining elements of colonial administration and [[martial law]], cover not only incidents involving recourse to violence but many other activities, non-violent protests, political and cultural statements and the way Palestinians are allowed to move or associate with each other.{{sfn|Hajjar|2005|pp=3–4}} Some of the problematic facets of the system Palestinian prisoners are subject to are, according to sociology professor [[Lisa Hajjar]]; prolonged detention of suspects incommunicado, impeding a client's access to his lawyer, the routine use of coercion under interrogation to obtain confessions and the introduction of "secret evidence".{{sfn|Hajjar|2005|p=5}}
===Indonesia===
In Indonesia, any criminal offense conducted by military personnel will be held in trial by military court. There are four levels of military jurisdiction:<ref>{{cite act |type=Law |index=31 |date=1997 |legislature=[[People's Representative Council]] |title=Undang-Undang Republik Indonesia Nomor 31 Tahun 1997 Tentang Peradilan Militer |trans-title=Law No. 31/1997 Regarding Military Court |url=http://hukum.unsrat.ac.id/uu/uu_31_97.htm |language=id }} {{Webarchive|url=https://web.archive.org/web/20090614223350/http://hukum.unsrat.ac.id/uu/uu_31_97.htm |date=14 June 2009 }} {{Cite web |url=http://hukum.unsrat.ac.id/uu/uu_31_97.htm |title=Uu 31 Tahun 1997 - Peradilan Militer |access-date=12 February 2020 |archive-date=14 June 2009 |archive-url=https://web.archive.org/web/20090614223350/http://hukum.unsrat.ac.id/uu/uu_31_97.htm |url-status=dead }}</ref>
* Military Court (''Pengadilan Militer''), composed of one major as presiding judge, two captains as judge, one captain as military prosecuting attorney, and one second lieutenant as clerk of court.
* High Military Court (''Pengadilan Militer Tinggi''), composed of one lieutenant colonel as presiding judge, two majors as judge, one major as military prosecuting attorney, and one captain as clerk of court.
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Service members of the [[New Zealand Defence Force]] are tried under a court martial for offences pertaining to the most serious offences against the Armed Forces Discipline Act 1971. Offences such as mutiny, murder, sexual offences, serious assaults, drug offences, or offences where the maximum punishment exceeds a 7-year prison term will be heard by court martial. Below this 7-year threshold the accused is dealt with by their commanding officer in what is known as a summary trial.
During court martial the appointed judge is either a [[New Zealand High Court]] or [[District Court of New Zealand|District Court]] judge and
=== Poland===
In Poland, military courts are military garrison courts and military district courts.<ref>{{Cite web |title=Ustawa z dnia 21 sierpnia 1997 r. - Prawo o ustroju sądów wojskowych. |url=https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu19971170753 |access-date=2023-03-26 |website=isap.sejm.gov.pl}}</ref> They are criminal courts with jurisdiction over offences committed by soldiers in active military service, as well as certain offences committed by civilian military personnel and soldiers of the armed forces of foreign countries (Article 647 of the Code of Criminal Procedure<ref>{{Cite web |title=Ustawa z dnia 6 czerwca 1997 r. - Kodeks postępowania karnego. |url=https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu19970890555 |access-date=2023-03-26 |website=isap.sejm.gov.pl}}</ref>). Garrison courts rule in the first instance, appeals against their decisions and orders are heard by district courts, which also have first-instance jurisdiction in the most serious cases. The Criminal Chamber of [[Supreme Court of Poland|the Supreme Court]] then acts as the second instance; in addition, cassation appeals against judgments rendered in the second instance are heard in the Criminal Chamber. The military courts are therefore subject to the adjudicatory supervision of the Supreme Court (which, by the way, follows from Article 183(1) of the [[Constitution of the Republic of Poland]]<ref>{{Cite web |title=Konstytucja Rzeczypospolitej Polskiej |url=https://www.sejm.gov.pl/prawo/konst/polski/kon1.htm |access-date=2023-03-26 |website=www.sejm.gov.pl}}</ref>), and [[Ministry of Justice (Poland)|the Minister of Justice]] has superior organizational and administrative supervision.
=== Philippines===
In 2005, ex-AFP Major General Carlos Garcia ([[Philippine Military Academy|PMA]] Class of 1971, assigned comptroller of the [[Armed Forces of the Philippines|AFP]] was court martialled for violating two articles of the Articles of War for the alleged Php 303 million Peso Money Laundering/Plunder and direct Bribery against him.<ref>{{Cite journal| title = Convicted AFP comptroller Carlos Garcia released | website = Inquirer.net | date = 12 August 2023 | first = Dexter | last = Cabalza | url = https://newsinfo.inquirer.net/1815469/convicted-afp-comptroller-carlos-garcia-released | access-date = 12 August 2023}}</ref>
=== Singapore ===
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In [[Herman Melville]]'s novella ''[[Billy Budd]]'' (first published 1924), the title character is convicted at a [[drumhead court-martial]] of striking and killing his superior officer on board HMS ''Indomitable'', is sentenced to death, and is hanged. The novella has been adapted for the stage, film and television; notably in [[Benjamin Britten]]'s 1951 opera ''[[Billy Budd (opera)|Billy Budd]]''.
In [[C. S. Forester|C.S. Forester]]'s 1938 novel ''[[Flying Colours (novel)|Flying Colours]]'', Captain [[Horatio Hornblower]] is court-
In [[Michael Morpurgo]]'s novel ''[[Private Peaceful]]'', the main character of "Tommo" reflects on the childhoods of himself and his brother, Charlie as Charlie awaits a court martial during WWI, which he receives at the end of the story for disobeying orders and cowardice in the face of the enemy.
Several courts-martial occur in the British naval TV series [[Warship (1973 TV series)|''Warship'']], including notably that of Lieutenant Palfrey, a [[Royal Marines]] officer accused of killing a foreign officer during a military exercise, and that of [[Fleet Air Arm]] pilot Edward Glenn, brother of Alan Glenn, one the principal characters, charged with a range of offences relating to a dangerous flight manœuvre.
In the ''[[Star Trek: The Next Generation]]'' episode The Battle it was stated that, as the loss of a starship was a court martial offense, [[Jean-Luc Picard|Picard]] was court-martialed for the loss of the Stargazer, zealously prosecuted by Phillipa Louvois. In the end, he was absolved of all charges.▼
▲In the ''[[Star Trek: The Next Generation]]'' episode "The Battle" it was stated that, as the loss of a starship was a court martial offense, [[Jean-Luc Picard|Picard]] was court-
The 1992 movie A Few Good Men (and the play on which it was based) deals almost entirely with the court martial of two enlisted Marines.▼
▲The 1992 movie ''[[A Few Good Men]]'' (and [[A Few Good Men (play)|the play on which it was based]]) deals almost entirely with the court martial of two enlisted Marines.
In the 2008 to 2014 sci-fiction animated TV show "[[Star Wars: The Clone Wars (2008 TV series)|Star Wars: The Clone Wars]]'s 2011 fourth season's episode "Plan of Dissent" [[Clone trooper|clone troopers]] Fives and Jesse, both serving in the Grand Army of the Republic, act against orders from their acting superior in a war situation and in revenge are threatened with court-martial and consequent execution. They found themselves court-martialed and about to be executed by firing squad in the next episode, although the final execution did not happen despite them being found guilty
== See also ==
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== References ==
===Notes===
{{notelist}}
===Citations===
{{Reflist}}
===Sources===
{{refbegin}}
*{{Cite book| chapter = Israel and Occupied Palestinian Territories
| title = Amnesty International Report 2017/18: The State of the World's Human Rights
| year = 2018b
| publisher = [[Amnesty International]]
| chapter-url = https://www.amnesty.org/download/Documents/POL1067002018ENGLISH.PDF | pages = 207–211
| isbn = 978-0-86210-499-3
| ref = {{harvid|AI|2018b}}
}}
*{{Cite book| title = The Way to the Spring: Life and Death in Palestine
| last = Ehrenreich | first = Ben
| author-link = Ben Ehrenreich
| year = 2016
| publisher = [[Granta Books]]
| url = https://books.google.com/books?id=fqY9DAAAQBAJ&pg=PT254
| isbn = 978-1-783-78312-0
}}
*{{Cite journal | title = Israeli Security Measures in the Occupied Territories: Administrative Detention
| last = Goldstein | first = Michael
| journal = [[Middle East Journal]]
| date = Winter 1978 | volume = 32 | issue = 1 | pages = 35–44
| jstor = 4325711
}}
*{{Cite book| title = Courting Conflict: The Israeli Military Court System in the West Bank and Gaza
| last = Hajjar | first = Lisa
| year = 2005
| publisher = [[University of California Press]]
| url = https://books.google.com/books?id=cbkwDwAAQBAJ&pg=PA195
| isbn = 978-0-520-24194-7
}}
*{{Cite book| chapter = Judicial Rejection as Substantial Relief: The Israeli Supreme Court and the "War on Terror"
| last1 = Hoffnung | first1 = Menachem
| last2 = Weinshall–Margel | first2 = Keren
| year = 2010
| title = Courts and Terrorism: Nine Nations Balance Rights and Security
| editor1-last = Volcansek | editor1-first = Mary L.
| editor2-last = Stack | editor2-first = John F.
| publisher = Cambridge University Press
| chapter-url = https://books.google.com/books?id=K75lhhtMqpEC&pg=PA160
| pages = 150–167
| isbn = 978-1-139-49537-0
}}
*{{Cite journal | title = Israel's Security Needs in the West Bank, Real and Contrived
| last = Playfair | first = Emma
| journal = [[Arab Studies Quarterly]]
| date = Fall 1988 | volume = 10 | issue = 4 | pages = 406–423
| jstor = 41857980
}}
{{refend}}
== Further reading ==
* [[Alexander Macomb (American general)|Macomb, Alexander]], [[Commanding General of the United States Army|Major General]] of the [[United States Army]], [https://books.google.com/books?
* Macomb, Alexander, ''[https://books.google.com/books?id=uuxhjlFF4Q8C
== External links ==
{{EB1911 poster|Court-martial }}
{{Commons category}}
* [https://web.archive.org/web/20080514024000/http://www.army.mil/usapa/epubs/pdf/mcm.pdf Manual for Courts-Martial (MCM), United States (2008 Edition)] [[Portable Document Format|PDF]] document
* [https://georgewbush-whitehouse.archives.gov/news/releases/2002/04/20020412-4.html 2002 Amendments to the Manual for Courts-Martial (MCM), United States]
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