Court-martial
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Court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record ...
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Uniform Code Of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces". History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of the United States Navy (commonly referred to as '' ...
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Absence Without Leave
Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which are temporary forms of absence. Desertion versus absence without leave In the United States Army, United States Air Force, British Armed Forces, Australian Defence Force, New Zealand Defence Force, Singapore Armed Forces and Canadian Armed Forces, military personnel will become AWOL if absent from their post without a valid pass, liberty or leave. The United States Marine Corps, United States Navy, and United States Coast Guard generally refer to this as unauthorized absence. Personnel are dropped from their unit rolls after thirty days and then listed as ''deserters''; however, as a matter of U.S. military law, desertion is not measured by time away from the unit, but rather: * by leaving or remaining absent from their unit, organizati ...
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Postpositive Adjective
A postpositive adjective or postnominal adjective is an adjective that is placed after the noun or pronoun that it modifies, as in noun phrases such as '' attorney general'', '' queen regnant'', or ''all matters financial''. This contrasts with prepositive adjectives, which come before the noun or pronoun, as in noun phrases such as ''red rose'', ''lucky contestant'', or ''busy bees''. In some languages ( Spanish, Welsh, Indonesian, etc.), the postpositive placement of adjectives is the normal syntax, but in English it is largely confined to archaic and poetic uses (e.g. "Once upon a midnight ''dreary''", as opposed to "Once upon a ''dreary'' midnight") as well as phrases borrowed from Romance languages or Latin (e.g. ''heir apparent'', '' aqua regia'') and certain fixed grammatical constructions (e.g. "Those ''anxious'' to leave soon exited").Rodney Huddleston, ''English Grammar: An Outline'', CUP 1988, p. 109. In syntax, postpositive position is independent of predicative pos ...
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Martial Law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martial law can be used by governments to enforce their rule over the public, as seen in multiple countries listed below. Such incidents may occur after a coup d'état ( Thailand in 2006 and 2014, and Egypt in 2013); when threatened by popular protest (China, Tiananmen Square protests of 1989); to suppress political opposition ( martial law in Poland in 1981); or to stabilize insurrections or perceived insurrections. Martial law may be declared in cases of major natural disasters; however, most countries use a different legal construct, such as a state of emergency. Martial law has also been imposed during conflicts, and in cases of occupations, where the absence of any other civil government provides for an unstable population. Examples of ...
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Harold Pringle
Harold Joseph Pringle (14 January 1920 - 5 July 1945) was the only soldier of the Canadian Army to be executed during the Second World War. Pringle was born in the small hamlet of Flinton, Ontario, near Napanee. He and his father tried to enlist in The Hastings and Prince Edward Regiment of the Canadian Army. On medical examination, he was accepted, but his father was turned away due to poor eyesight. Harold Pringle was formally enrolled in the army in February, 1940, aged 20. Pringle was a disciplinary problem for his unit, going AWOL many times, and he was sent to a reformatory camp for a year. He escaped after serving six months there and was sent to Italy where he was posted to the 1st Battalion, The Hastings and Prince Edward Regiment, as a private with the service number C/5292. Pringle's combat record after the escape was unblemished until after the battle for the Hitler Line in central Italy, when he deserted to Rome to join the Sailor Gang. The Sailor Gang, though on ...
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Queen's Regulations And Orders For The Canadian Forces
The Queen's Regulations and Orders for the Canadian Forces (QR&O) are regulations having the force of law for the governance of the Canadian Forces. They are regarded as the primary document of military law and regulations in Canada – aside from the National Defence Act. The titling of these regulations currently remains unchanged after the Death of Queen Elizabeth II. Authority The QR&O are issued under the authority of Section 12 of the National Defence Act (NDA), the governing statute of the Canadian Forces. Section 12 provides the Governor in Council (i.e., the Governor-General acting on the advice of Cabinet) and the Minister of National Defence with the power to make ''regulations'' for the "organization, training, discipline, efficiency, administration, and government of the Forces", so long as such regulations are not inconsistent with the NDA, common-law principles of natural justice, the Canadian Bill of Rights or the Canadian Charter of Rights and Freedoms; it also p ...
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Military Justice
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system o ...
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Geneva Conventions
upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners (civilians and military personnel), established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone; moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventions concern only prisoners and non-combatants in war; they do not address the use of weapons of war, w ...
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Court Martial Appeal Court Of Canada
The Court Martial Appeal Court of Canada (CMAC) (french: Cour d'appel de la cour martiale du Canada) hears appeals from Courts-martial of Canada (" courts martial"). In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge. They have the jurisdiction to try military personnel, and those civilian personnel that accompany military personnel abroad, for crimes that contravene the Code of Service Discipline and the National Defence Act; which incorporates many of the offences under the Criminal Code and related statutes. The CMAC was established in 1959 by Parliament under the National Defence Act, to replace the Court Martial Appeal Board. Due to the court's small caseload, justices of the CMAC are cross-appointed from justices of provincial superior courts and the Federal Court and Federal Court of Appeal. Appeals from the CMAC lie with the Supreme Court of Canada. Appeals require leave from the Supreme Court, unles ...
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Military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct military uniform. It may consist of one or more military branches such as an army, navy, air force, space force, marines, or coast guard. The main task of the military is usually defined as defence of the state and its interests against external armed threats. In broad usage, the terms ''armed forces'' and ''military'' are often treated as synonymous, although in technical usage a distinction is sometimes made in which a country's armed forces may include both its military and other paramilitary forces. There are various forms of irregular military forces, not belonging to a recognized state; though they share many attributes with regular military forces, they are less often referred to as simply ''military''. A nation's militar ...
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Insubordination
Insubordination is the act of willfully disobeying a lawful order of one's superior. It is generally a punishable offense in hierarchical organizations such as the armed forces, which depend on people lower in the chain of command obeying orders. Military Insubordination is when a service member willfully disobeys the lawful orders of a superior officer. If a military officer disobeys the lawful orders of their civilian superiors, this also counts. For example, the head of state in many countries, is also the most superior officer of the military as the Commander in Chief. Generally, however, an officer or soldier may disobey an unlawful order to the point of mutiny (see Nuremberg defense). In the U.S. military, insubordination is covered under Article 91 of the Uniform Code of Military Justice. It covers disobeying lawful orders as well as disrespectful language or even striking a superior. The article for insubordination should not be confused with the article for ...
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