Court-martial: Difference between revisions

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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 www.merriamMerriam-webster.comWebster. Retrieved 23 Feb 2018.</ref> However, in British usage, a hyphen is used to distinguish between the noun, "court martial", and the verb, "to court-martial".<ref>[https://dictionary.cambridge.org/dictionary/english/court-martial ''court martial''] at dictionary.cambridge.org. Retrieved 23 Feb 2018.</ref>
 
== 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 directly under the Political and Legal Committee of the Central Military Commission, and operationally under The Supreme People's Court and the Political and Legal Committee of the Central Military Commission are under the dual leadership of the [[Supreme People's Court]] and the [[:zh:中央军事委员会政法委员会|Political and Legal Committee of the Central Military Commission]].
 
===Finland===
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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 president[[President of India]] can use his judicial power under Article 72 of the [[Constitution of India|constitution]] to pardon, reprieve, respite or remission of punishment or sentence given by a court martial.
 
===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===
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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}}
 
Writing in 1978 Michael Goldstein called the detention system "an aberration of criminal justice", but temporary in nature and dictated by an ongoing war situation. He credited Israel with refraining from making it part of their judicial, as opposed to military, system.{{sfn|Goldstein|1978|p=43}}
 
In a five-month period of the [[First Intifada]], Israel put 1,900 Palestinians under an [[administrative detention]] order.{{sfn|Playfair|1988|p=413}} For the decade from 2000 to 2009 it was estimated that at any one time anywhere between 600 and 1,000 Palestinians were subjected annually to administrative detention.{{sfn|Hoffnung|Weinshall–Margel|2010|p=159}}
 
Amnesty International stated that in 2017 Israeli authorities continue to adopt administrative detention rather than criminal prosecution to detain "hundreds of Palestinians, including children, civil society leaders and [[Non-governmental organization|NGO]] workers, without charge or trial under renewable orders, based on information withheld from detainees and their lawyers", and that administrative detainees numbered 441.{{sfn|AI|2018b|pp=208–209}}
 
===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=ArchivedUu 31 Tahun 1997 - Peradilan copyMiliter |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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=== 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 [[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-martialled for the loss of the ''Stargazer'', zealously prosecuted by Phillipa Louvois. In the end, he was absolved of all charges.
 
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 ==