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Reading Room

Global Seminar on Military Justice Reform
Yale Law School
Readings

I. Country Reports

Military Justice: Adjudication of Sexual Offenses — Australia, Canada, Germany, Israel, United Kingdom, Law Library of Congress (July 2013).

  • Mexico

Christina Cerna, Unconstitutionality of Article 57, Section II, Paragraph a) of the Code of Military Justice and Legitimation of the Injured Party and his Family to Present an Appeal for the Protection of Constitutional Rights (2013)
Maureen Meyer and Clay Boggs, Why Mexico Should Reform its Military Code of Justice, Washington Office on Latin America (Sept. 24, 2013)

  • USA

United States Senate Committee on Armed Services (webpage)
Response Systems to Adult Sexual Assault Crimes Panel (webpage)

  • Taiwan

Taiwan’s Military Loses Right to Its Court-Martial System, United Press International (Aug. 16 2013)
Memorandum on Military Reform in Taiwan (Latest Updates) (Sept. 21, 2013)

  • India

Eugene R. Fidell, Reform of Indian Military Justice System, StratPost (June 2013)
Quotes by Indian Courts on Availability of Adequate Judicial Remedy and a Balance Between Discipline and Rights of Individuals

  • Tunisia

Tunisia: Flaws in the Landmark Ben Ali Verdict, Human Rights Watch (July 5, 2012)
Tunisia: After the Military Trial to a Journalist Against the Backdrop of an Article, ANHRI Demands an End to the Military Trials to the Civilians, Arabic Network for Human Rights Information (July 6, 2013).

  • Egypt

Egypt: New Law Keeps Military Trials of Civilians, Human Rights Watch (May 7, 2012)

  • Israel

The Public Commission to Examine the Maritime Incident of May 31, 2010 (The Turkel Commission) Second Report, Israel’s Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law: Annex C

  • Indonesia

Indonesia: Civilian Courts Should Try Abusive Soldiers, Human Rights Watch (April 24, 2013).

  • United Kingdom

Lord Thomas of Gresford QC, Response Systems Panel Opening Remarks (Sept. 18, 2013)

  • Canada

Gilles Létourneau, Two Fundamental Shortcomings of the Canadian Military Justice System, Global Seminar on Military Justice Reform (Oct. 18, 2013)
Michel William Drapeau, Canadian Military Justice System: At a Crossroads, The Global Seminar on Military Justice Reform (Oct. 18, 2013)
Michael Gibson, Canada’s Military Justice System, 12 Can. Mil. Journal 61 (2012)
Peter MacKay, Statements on Strengthening Military Justice in the Defence of Canada Act, House of Commons (Apr. 30, 2013)

  • Liberia

Danielle Skinner, Armed Forces of Liberia's Military Justice System Focuses on Human Rights and Discipline, U.S. Africa Command (May 16, 2011).

II. Role of the Commander
Gillibrand Bill on Proposed Military Justice Reform S.967 (113th Congress)
McCaskill Bill on Proposed Military Justice Reform (113th Congress)
Victor Hansen, Changes in Modern Military Codes and the Role of the Military Commander: What Should the United States Learn from this Revolution?, 16 Tul. J. Int’l & Comp. L. 419 (2008)
Major Evan R. Seamone, Reclaiming the Rehabilitative Ethic in Military Justice: The Suspended Punitive Discharge as a Method to Treat Military Offenders with PTSD and TBI and Reduce Recidivism, 208 Mil. L. Rev. 1 (2011)
Quotes from August 26, 2013 FOIA Released Materials Relating to Lt. Col. Wilkerson’s Sexual Assault Conviction, ProtectOurDefenders (Sept. 3, 2013)
LtGen Craig A. Franklin, Memorandum to Secretary of the Air Force Donley Explaining the Wilkerson Case (Mar. 12, 2013)
Protect Our Defenders, Point by Point Rebuttal of Lt. General Franklin's Memorandum (2013)
Nancy Parrish, Protect Our Defenders Letter to Secretary Hagel Requesting Dismissal of Lt. General Franklin (2013)

Senate Armed Services Committee Hearing Transcript Excerpt 24-27(2013)
Law Professors’ Statement on Reform of Military Justice (June 7, 2013)
U.S. Commission on Civil Rights, Sexual Assault in the Military (Sept. 2013). See Commissioners Statements and Rebuttals, 127-228.

III. Sexual Assault
Barbara Salazar Torreon, Military Sexual Assault: Chronology of Activity in Congress and Related Resources, Congressional Research Service (July 30, 2013)
U.S. Department of Defense Directive on Sexual Assault Prevention and Response (SAPR) Program, Jan. 23, 2012 (Apr. 30, 2013)
Eugene R. Fidell, The Naval Academy Sex Assault Hearing Should be the Last of Its Kind, Baltimore Sun (Sept. 16, 2013)
Department of Defense Annual Report on Sexual Assault in the Military, Executive Summary for Fiscal Year 2012
Darren Samuelsohn, Military Sex Assault Bill Stalled by Syria, Politico (Sept. 8, 2013)
Jennifer Steinhauer, A Sexual-Assault Measure to be Cut from Military Bill, New York Times (June 11, 2013)
Midshipman Jane Doe v. Vice Admiral Michael Miller, Case No. ELH 13-2577, Defendant’s Response in Opposition to Plaintiff’s Request for a Preliminary Injunction (Sept. 27, 2013)
The Military Must Better Serve Victims of Sexual Assault, Washington Post (Sept. 6, 2013)
Pentagon Announces Plan to Combat Sexual Assault, USA Today (Sept. 12, 2013)

IV. Appellate Review
Annual Report Submitted to the Committees on Armed Services for the Period October 1, 2011 to September 30, 2012
Contempt Petition in The Honorable High Courts for the States of Punjab and Haryana at Chandigarh (Aug. 2013)
The Armed Forces Tribunal Act of 2007 (India)
Indian Ex Servicemen Movement, Armed Forces Tribunal (AFT): Grant of Civil Contempt Powers, Removal of Control of MOD and Allied Issues, Letter to Parliament (Apr. 9, 2013)
Defense Legal Policy Board: Report of the Subcommittee on Military Justice in Combat Zones (May 30, 2013) (see also Appendix VI. Separate Statement of Board Member Eugene Fidell p. 184)
Jeff Blackett, Rant on the Court Martial and Service Law, Appeals and Reviews in the U.K. Military Justice System 183-213 (3d ed. 2009)
R. Chuck Mason, Supreme Court Appellate Jurisdiction Over Military Court Cases, Congressional Research Service (Mar. 30, 2011)
Fidell et al, How “Robust” is Appellate Review of Courts-Martial?

V. Transparency
Global Principles on National Security and the Right to Information (“The Tshwane Principles”) (June 12, 2013)
Navdeep Singh v. Union of India, Judgement on Public Interest Litigation in the High Court of Punjab and Haryana at Chandigarh (Nov. 20, 2012)
Sandra Coliver, Sentencing Private Manning, Open Society Justice Initiative (Aug. 21, 2013)
Center for Constitutional Rights v. United States and Col. Denise Lind, U.S. Court of Appeals for the Armed Forces (Apr. 16, 2013) (Bradley Manning Case Court of Appeals for the Armed Forces Opinion)
Center for Constitutional Rights v. Col. Denise Lind, Civil Action No. ELH-13-1504 (June 19, 2013) (Bradley Manning Case District Court Opinion)
Navy Releases September Courts Martial Results (Navy Times)

VI. Summary Trials
The Court Martial and the Summary Appeal Court Guidance, Vol. 1: Guide for Court Members (June 2011) (United Kingdom)
The Department of National Defence and the Canadian Armed Forces, Military Justice at the Summary Trial Level Manual Version 2.2 (2013)
Jeff Blackett, Rant on the Court Martial and Service Law, Appeals and Reviews in the U.K. Military Justice System 183-213 (3d ed. 2009)
Jeff Blackett, Rant on the Court Martial and Service Law, Commanding Officers’ Investigation and Summary Hearing in the U.K. Military Justice System 59-76 (3d ed. 2009)
Jeff Blackett, Rant on the Court Martial and Service Law, The Effect of the European Convention on Human Rights on the U.K. Military Justice System 215-234 (3d ed. 2009)

VII. Reform Strategies
Lee D. Schinasi, The United States Supreme Court and the Culture of Courts-Martial: The Need for Structural Change, 27 The Reporter 22 (2000)
Eugene R. Fidell, The Culture of Change in Military Law, 126 Mil. L. Rev. 125 (1989)
Article 146 of the Uniform Code of Military Justice (UCMJ): Code Committee
Eugene R. Fidell, International Developments in Military Law, 17 Can. Crim. L. Rev. 83 (2013)
Department of Defense Office of the Secretary, Manual for Courts-Martial; Proposed Amendments (Oct. 23, 2012)
Report of the Commission on the 50th Anniversary of the Uniform Code of Military Justice (Cox Commission Report), May 2001
Kevin J. Barry, A Face Lift (And Much More) For an Aging Beauty: The Cox Commission Recommendations to Rejuvenate the Uniform Code of Military Justice, 2002 L. Rev. M.S.U.-D.C.L. 57
Major Tyesha E. Lowery, One “Get Out of Jail Free” Card: Should Probation be an Authorized Courts-Martial Punishment?, 198 Mil. L. Rev. 165 (2008)
Gerry Rubin, Observations on Change in Military Law, Defence Committee Second Report: The Strategic Defence Review (Sept. 2000)
Michael R. Gibson, International Human Rights Law and the Administration of Justice Through Military Tribunals: Preserving Utility While Precluding Impunity, 4 J. Int’l L. & Int’l Relations 1
UN ECOSOC Commission on Human Rights, 62nd Session, Civil and Political Rights, Including the Question of Independence of the Judiciary, Administration of Justice, Impunity: Issue of the Administration of Justice Through Military Tribunals (The Decaux Principles) (Jan. 13, 2006)
Jeff Blackett, Rant on the Court Martial and Service Law, The Effect of the European Convention on Human Rights on the U.K. Military Justice System 215-234 (3d ed. 2009)
Hon. Gabriela Knaul, Report of the UN Special Rapporteur on the Independence of Judges and Lawyers (Aug. 7, 2013) (A/68/285)