Military law

Abstract

Military justice-the system for ensuring good order and discipline within the armed forces- remains the military legal establishment's bedrock activity. Court-martial and nonjudicial punishment rates are down, but major breaches of discipline arising both on deployment and at home continue to demand attention by civilian leaders, commanders, and judge advocates. Important legal and public policy issues remain to be resolved with respect to the limited availability of review by the Supreme Court, the exercise of court-martial jurisdiction over civilians, the use of military commissions to prosecute unlawful belligerents, increasing reliance on high-tech weaponry, and repeal of the Don't Ask, Don't Tell policy. As technology, national policy, and expectations of proper treatment (of our own personnel, of civilians, of enemies of various kinds) evolve, this will be an increasingly dynamic era for law and legal institutions in the realm of national defense. © 2011 by the American Academy of Arts & Sciences.