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Encyclopedia > Military tribunal

Ramses II at the Battle of Kadesh (relief at Abu Simbel) The two-dimensional work of art depicted in this image is in the public domain in the United States and in those countries with a copyright term of life of the author plus 100 years. ... from Swedish Wikipedia The two-dimensional work of art depicted in this image is in the public domain in the United States and in those countries with a copyright term of life of the author plus 100 years. ... Download high resolution version (819x768, 141 KB)A front view of an M1A1 Abrams, from www. ...

War
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Trench · Unconventional The United States detonated an atomic bomb over Nagasaki on August 9, 1945. ... Military history is composed of the events in the history of humanity that fall within the category of conflict. ... Prehistoric warfare is war conducted in the era before writing, states and other such large social organizations. ... Ancient warfare is war as conducted from the beginnings of recorded history to the end of the ancient period. ... Medieval warfare is the warfare of the European Middle Ages. ... Gunpowder warfare is associated with the start of the widespread use of gunpowder and the development of suitable weapons to use the explosive. ... Modern warfare is a complex affair, involving the widespread use of highly advanced technology. ... Battlespace is the military theatre of operations, including air, ground, information, sea and space. ... Aerial warfare is the use of military aircraft and other flying machines for the purposes of warfare. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... War is a state of widespread conflict between states, organisations, or relatively large groups of people, which is characterised by the use of lethal violence between combatants or upon civilians. ... Naval warfare is combat in and on seas and oceans. ... Space warfare is warfare that takes place in outer space. ... In warfare, a theater or theatre is normally used to define a specific geographic area within which armed conflict occurs. ... Arctic warfare is a term used to describe conflict that takes place in an exceptionally cold climate. ... Cyber-warfare is the use of computers and the internet in conducting warfare in cyberspace. ... Desert warfare is combat in deserts. ... Jungle warfare is a term used to cover the special techniques needed for military units to survive and fight in jungle terrain. ... A typically white color clothes of a soldier trained for mountain warfare. ... US Marines fight in the city of Fallujah during Operation Al Fajr (New Dawn) in November 2004. ... The bayonet is used as both knife and spear. ... It has been suggested that Mechanized warfare be merged into this article or section. ... Historically, artillery (from French artillerie) refers to any engine used for the discharge of projectiles during war. ... Biological warfare, also known as germ warfare, is the use of any organism (bacteria, virus or other disease-causing organism) or toxin found in nature, as a weapon of war. ... Kircholm, a 1925 painting by Wojciech Kossak. ... Chemical warfare is warfare (and associated military operations) using the toxic properties of chemical substances to kill, injure or incapacitate an enemy. ... Electronic warfare (EW) has three main components: Electronic Attack (EA) This is the active use of the electromagnetic spectrum to deny its use by an adversary. ... Infantry of the Royal Irish Rifles during the Battle of the Somme in World War I. Infantry are soldiers who fight primarily on foot with small arms in organized military units, though they may be transported to the battlefield by horses, ships, automobiles, skis, or other means. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Titan II ICBM carried a 9 Mt W53 warhead, making it one of the most powerful nuclear weapons fielded by the United States during the Cold War. ... The U.S. Department of Defense defines psychological warfare (PSYWAR) as: The planned use of propaganda and other psychological actions having the primary purpose of influencing the opinions, emotions, attitudes, and behavior of hostile foreign groups in such a way as to support the achievement of national objectives. ... Radiological warfare is any form of warfare involving deliberate radiation poisoning, without relying on nuclear fission or nuclear fusion. ... Finnish sissi troops on skis. ... Naval warfare is divided into three operational areas: surface warfare, air warfare and submarine warfare. ... Military tactics (Greek: TaktikÄ“, the art of organizing an army) is the collective name for methods of engaging and defeating an enemy in battle. ... This article is about a military strategy involving land troops dispatched from naval ships. ... Asymmetric warfare describes the potential for an optimal interaction between the respective strengths and weaknessess of two belligerents. ... This article is about the military strategy. ... It has been suggested that this article or section be merged with war horse. ... Conventional warfare means a form of warfare conducted by using conventional military weapons and battlefield tactics between two or more nation-states in open confrontation. ... Table of Fortification, from the 1728 Cyclopaedia. ... Look up guerrilla in Wiktionary, the free dictionary. ... Combatives FM 21-150 Figure 4-1, Vital Targets. ... The 1944 Invasion of Normandy An invasion is a military action consisting of armed forces of one geo-political entity entering territory controlled by another such entity, often resulting in the invading power occupying the area, whether briefly or for a long period, and sometimes permanently. ... Joint warfare is a military doctrine which places priority on the integration of the various service branches of a states armed forces into one unified command. ... Maneuver warfare (American English) or manoeuvre warfare is a concept of warfare that advocates attempting to defeat an adversary by incapacitating their decision-making through shock and disruption. ... A siege is a military blockade and assault of a city or fortress with the intent of conquering by force or attrition. ... This article is about the military doctrine of total war. ... Trench warfare is a form of war in which both opposing armies have static lines of defence. ... Unconventional warfare (UW) is the opposite of conventional warfare. ...

Strategy

Economic · Grand · Operational Military strategem in the Battle of Waterloo. ... Economic warfare is the term for economic policies followed as a part of military operations during wartime. ... Grand strategy is military strategy considered at the level of the movement and use of an entire nation state or empires resources. ... Operational warfare is, within warfare and military doctrine, the level of command which coordinates the minute details of tactics with the overarching goals of strategy. ...

Organization

Chain of command · Formations
Ranks · Units Military science concerns itself with the study and of the diverse technical, psychological, and practical phenomena that encompass the events that make up warfare, especially armed combat. ... This article deals with the military concept. ... A formation is a high-level military organization, such as a Brigade, Division, Corps, Army or Army group. ... The examples and perspective in this article or section may not represent a worldwide view. ... A military unit is an organisation within an armed force. ...

Logistics

Equipment · Materiel · Supply line Military logistics is the art and science of planning and carrying out the movement and maintenance of military forces. ... A weapon is a tool used to kill or incapacitate a person or animal, or destroy a military target. ... Materiel (from the French for material) is the equipment and supplies in Military and commercial supply chain management. ... Supply lines are roads, rail, and other transportation infrastructure needed to replenish the consumables that a military unit requires to function in the field. ...

Law

Court-martial · Laws of war · Occupation
Tribunal · War crime Military law is a distinct legal system to which members of armed forces are subject. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ... The two parts of the laws of war (or Law of Armed Conflict (LOAC)): Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called jus in bello; while law concerning allowable justifications for armed force is called jus ad bellum. ... Belligerent military occupation occurs when one nations military occupies all or part of the territory of another nation or recognized belligerent. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...

Government and politics

Conscription · Coup d'état
Military dictatorship · Martial law
Militarism · Military rule A coup détat (pronounced ), or simply coup, is the sudden overthrow of a government through unconstitutional means by a part of the state establishment — mostly replacing just the high-level figures. ... A military dictatorship is a form of government wherein the political power resides with the military; it is similar but not identical to a stratocracy, a state ruled directly by the military. ... Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice. ... Militarism or militarist ideology is the doctrinal view of a society as being best served (or more efficient) when it is governed or guided by concepts embodied in the culture, doctrine, system, or people of the military. ... US General Douglas MacArthur (left), military ruler of Japan 1945-1952, next to Japans defeated Emperor, Hirohito Military rule may mean: Militarism as an ideology of government Military occupation (or Belligerent occupation), when a country or area is conquered after invasion List of military occupations Martial law, where military...

Military studies

Military academy · Military science
Polemology · Philosophy of war
Peace and conflict studies A military academy is a military educational institution. ... Military science concerns itself with the study of the diverse technical, psychological, and practical phenomena that encompass the events that make up warfare, especially armed combat. ... The United States detonated an atomic bomb over Nagasaki on August 9, 1945, effectively ending World War II. The bombings of Nagasaki and Hiroshima (on August 6) immediately killed between 100,000 and 200,000 people and are the only known instances nuclear weapons have ever been used in war. ... The Philosophy of war examines war beyond the typical questions of weaponry and strategy, inquiring into the meaning and etiology of war, what war means for humanity and human nature as well as the ethics of war. ... Peace and conflict studies can be defined as the inter-disciplinary inquiry into war as human condition and peace as human potential, as an alternative to the traditional Polemology (War Studies) and the strategies taught at Military academies. ...

Lists
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A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil matters. The judges are military officers and fulfill the role of jurors. It is distinct from the court martial. Many of the authors that served in various real-life wars (and survived) wrote stories that are at least somewhat based on their own experiences. ... This is a partial list of battles that have entries in Wikipedia. ... This is a list of civil wars. ... . ... This is a list of both successful and repelled international invasions ordered by date. ... This is a list of missions, operations, and projects. ... The 1453 Siege of Constantinople (painted 1499) A siege is a prolonged military assault and blockade on a city or fortress with the intent of conquering by force or attrition. ... This page contains a list of military raids, not including air raids, sorted by the date at which they started: 1259 Mongol raid into Lithuania 1565, August 26th Chaseabout Raid 1575, July 7th Raid of the Redeswire 1582, August 27th Raid of Ruthven 1667, June 6th Raid on the Medway... This page contains a list of military tactics: // Principles Identification of objectives Concentration of effort Exploiting prevailing weather Exploiting night Maintenance of a reserve Economy of Force Force protection Dispersal or spacing Camouflage Deception Electronic Counter Measures Electronic Counter Counter Measures Radio silence Use of fortifications Fieldworks (entrenchments) Over Head... See also list of military writers. ... This is a list of lists of wars, sorted by country, date, region, and type of conflict. ... This list is incomplete; you can help by expanding it. ... . ... There are a bewildering array of weapons, far more than would be useful in list form. ... This is a list of military writers, alphabetical by last name. ... Your Grandma. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The examples and perspective in this article or section may not represent a worldwide view. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ...


A military tribunal is an inquisitorial system based on charges brought by a military authority, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an adversarial force. An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...

Contents

The Nuremberg Trials is one of the best known military tribunals.
The Nuremberg Trials is one of the best known military tribunals.

Download high resolution version (1187x928, 239 KB) This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Download high resolution version (1187x928, 239 KB) This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... The Süddeutsche Zeitung announces The Verdict in Nuremberg. ...

Military tribunals in the United States

The United States has, infrequently, made use of military tribunals or commissions, rather than rely on courts martial, within the military justice system. General George Washington used military tribunals during the American Revolution. George Washington (February 22, 1732–December 14, 1799) led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and was later elected the first President of the United States. ...


President Abraham Lincoln used military tribunals during the American Civil War. Abraham Lincoln (February 12, 1809 – April 15, 1865), sometimes called Abe Lincoln and nicknamed Honest Abe, the Rail Splitter, and the Great Emancipator, was an American politician who served as the 16th President of the United States (1861 to 1865), and the first president from the Republican Party. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert Edward Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total...


President Franklin D. Roosevelt ordered military tribunals for eight German prisoners accused of planning sabotage in the United States as part of Operation Pastorius. Roosevelt's decision was challenged, but upheld, in Ex parte Quirin. All eight of the accused were convicted and sentenced to death. Six were executed by electric chair at the District of Columbia jail on August 8, 1942. Two who had given evidence against the others had their sentences reduced by Roosevelt to prison terms. In 1948, they were released and deported to the American Zone of occupied Germany. FDR redirects here. ... Operation Pastorius was a failed Nazi attack on the United States staged in June 1942. ... Holding The Court upheld the jurisdiction of a United States military tribunal over the trial of several German saboteurs in the United States. ... Electric chair at the Kentucky State Penitentiary The electric chair is an execution method in which the person being executed is strapped to a chair and electrocuted through electrodes placed on the body. ... ... August 8 is the 220th day of the year in the Gregorian Calendar (221st in leap years), with 145 days remaining. ... 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... 1948 (MCMXLVIII) was a leap year starting on Thursday (the link is to a full 1948 calendar). ... It has been suggested that West Germany be merged into this article or section. ...


Court system

Military tribunals are led by a Presiding Officer designated by the Appointing Authority (which is the Secretary of Defense or other designated authority); the Presiding Officer does not take part in the final court decision.


Charges are brought by the chief prosecutor from the Office of Military Commissions (OMC). Charges that may be brought to a military tribunal range from murder, rape, and other typical crimes, to war-specific crimes, like attacking civilians, using human shields, terrorism, and war crimes in general. The Office of Military Commissions was established in February 2004 to administer the military commissions President [George W. Bush|Bush]] wanted to try suspected terrorists held in the American prison in the US Naval base at Guantanamo Bay. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...


The Military Tribunal Panel is composed of three to seven judging officers, depending on the charges raised against the accused. They act as judges and jurors. In the common law legal system, an indictment is a formal charge of having committed a serious criminal offense. ... Judges may refer to the Book of Judges in the Bible more than one judge. ...


While civilian juries require a unanimity to convict, tribunals only require two thirds majority when no death penalty is involved. For death penalty convictable tribunals, all seven judging officers are required to have a unanimous decision. Capital punishment, or the death penalty, is the execution of a convicted criminal by the State as punishment for crimes known as capital crimes or capital offenses. ...


The accused is represented by the Office of the Chief Defense Counsel from the Office of Military Commissions (OMC). Defendants may choose an available civilian defense attorney.


Civilian attorneys must be qualified by the Office of Military Commissions before being eligible to be selected by a defendant. A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


After the end of trial, the tribunal goes onto review by the secretary of defense, who will forward the record of the trial and all recommendations to the president for final decision. The United States Secretary of Defense is the head of the United States Department of Defense, concerned with the armed services and The Secretary is a member of the Presidents Cabinet. ...


Jurisdiction

President Bush claims that military tribunals have jurisdiction over any alien person under custody of the United States armed forces, no matter how or where he was captured, who has been designated an enemy combatant by President Bush and charged with crimes by a military authority. This theory of jurisdiction has not been tested in a federal court. In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... The armed forces of the United States of America consist of the United States Army United States Navy United States Air Force United States Marine Corps United States Coast Guard Note: The United States Coast Guard has both military and law enforcement functions. ...


Controversy

While tribunals can provide for quick trials under the conditions of war, many say that occurs at the expense of fair justice.


For the military tribunals used by President Bush, rules for admissible evidence are more lax than in civilian trials; hearsay and coerced testimoney, if it would have “probative value to a reasonable person,” and evidence kept secret from the defendant and his lawyer (if any) can be used to convict defendants.[1] Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ...


Time constraints and the inability to obtain evidence can greatly hamper a case for the defense. Civilian trials must be open to the public, while military tribunals can be held in secret. Because conviction usually relies on some sort of majority quota, the separability problem can easily cause the verdict to be displeasing not only to the defendant, but to the tribunal officials as well. A quota is a prescribed number or share of something. ... The Separability Problem is a concept from the field of social choice theory that describes the situation where two or more issues up for vote on a ballot either are, or are perceived as, related. ...


Decisions made by a military tribunal cannot be appealed to federal courts. The only way to appeal is a petition for a panel of review (which may include civilians as well as military officers, but may not) to review decisions. The president, as commander in chief, has final review of all appeals. No impartial arbiter is available: only members of the executive branch are involved in the trial. The term federal court, when used by itself, can refer to: Any court of the national government in another country that has a federal system such as that of the United States (United States federal courts) or Mexico In some countries, a particular court, for example, the Federal Court of... This article is about the legal term. ...


Such courts do not satisfy most interpretations the guarantees provided by the Bill of Rights. This has not stopped President Bush from using them, and it has not stopped the U.S. Congress from authorizing them in the Military Commissions Bill of 2006. All presidents have contended that the Bill of Rights does not apply to noncitizen combatants. A bill of rights can be a statement of certain rights that may be guaranteed to citizens or residents of a society, legal jurisdiction, or nation-state; or an enumeration of rights they would like to have or believe they ought to have. ...


Trial by military commission of the Guantánamo detainees

President George W. Bush has ordered that the detainees imprisoned at the Naval base on Guantánamo Bay were to be tried by military commissions. This decision has sparked controversy; on June 29, 2006, the U.S. Supreme Court limited the power of the Bush administration to conduct military tribunals to suspected terrorists at Guantánamo Bay. The current military tribunals have been stopped, and the pending 60 other suspects' tribunals have been canceled. George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...

Main article: Guantánamo military commission

Wikinews has news related to: U.S. military tribunals in Guantanamo Bay lack Congressional authorization, violate US law Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaeda. ...

See also

Wikinews has news related to: U.S. military tribunals in Guantanamo Bay lack Congressional authorization, violate US law Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaeda. ... US General Douglas MacArthur (left), military ruler of Japan 1945-1952, next to Japans defeated Emperor, Hirohito Military rule may mean: Militarism as an ideology of government Military occupation (or Belligerent occupation), when a country or area is conquered after invasion List of military occupations Martial law, where military... Military law is a distinct legal system to which members of armed forces are subject. ... The Office of Military Commissions was established in February 2004 to administer the military commissions President [George W. Bush|Bush]] wanted to try suspected terrorists held in the American prison in the US Naval base at Guantanamo Bay. ... Captain John Carr is a lawyer, and an officer in the United States military. ... Major Robert Preston is a lawyer, and an officer in the United States military. ... Captain Carrie Wolf is a lawyer, and an officer in the United States Air Force. ... To meet Wikipedias quality standards and make it easier to understand, this article or section may require cleanup. ... The Administrative Review Board conducts an annual review of the suspects the United States holds in Camp Delta, in the US naval base in Guantanamo Bay, Cuba. ...

References

  1. ^ "Why Am I in Cuba?", Mother Jones, July 12, 2006

Mother Jones Mary Harris Jones (August 1, 1837 – November 30, 1930), better known as Mother Jones, was a prominent American labor and community organizer, and Wobbly. ... July 12 is the 193rd day (194th in leap years) of the year in the Gregorian Calendar, with 172 days remaining. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ...

External links

  • Official DoD site describing the history or Military Commissions
  • Congressional Research Service (CRS) Report "Military Tribunals: Historical Patterns and Lessons"
  • Military Tribunals - legal news and resources, JURIST
  • Terrorism and the Laws of War: Trying Terrorists as War Criminals before Military Commissions (.pdf), Congressional Research Office - Library of Congress, December 11, 2001
  • Analysis: Military Tribunals,, BBC, March 4, 2003
  • Prosecutor doubts over Guantánamo trials, The Age, September 17, 2004
  • Executive Power, Gonzales Style, CBS News, November 23, 2004
  • Leaked emails claim Guantánamo trials rigged, The Age, August 1, 2005
  • Third prosecutor critical of Guantánamo trials, The Age, August 3, 2005
  • The Guantánamo Trials, Washington Post, September 7, 2005
  • Guantánamo Process as a Public Danger, JURIST, October 11, 2005

  Results from FactBites:
 
military tribunal: Information from Answers.com (1089 words)
A military tribunal is an inquisitorial system based on charges brought by a military authority, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an adversarial force.
The Military Tribunal Panel is composed of three to seven judging officers, depending on the charges raised against the accused.
Military tribunals have jurisdiction over any person under custody of the United States armed forces, no matter how or where he was captured, who is an enemy combatant and charged with crimes by a military authority.
Letter to Secretary Rumsfeld on Military Commissions (Human Rights Watch Letter, December 14, 2001 ) (1849 words)
Military Jurisdiction: The Department should specify that the personal jurisdiction of the military commissions would be limited to persons engaged in armed conflict against the United States who are being tried for violations of the laws of war.
Military jurisdiction over enemy combatants is not a violation of fair trial guarantees, and, indeed, is expressly mandated by the Geneva Conventions for prisoners of war tried for violations of the laws of war.
The President's order authorizes military trials for violations of the laws of war and "other applicable crimes." This open ended reference to other crimes permits persons to be tried for virtually any offense, well beyond violations of the laws of war for which military tribunals have historically been used.
  More results at FactBites »

 
 

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