Military Justice and the Conduct of Operations: Can the Current System of Military Justice be Administered Effectively in Future Mid-to-High Intensity Conflict

摘要

This study compares the system of military justice that existed during World War II with the present system. As a basis for comparison a framework is established which looks at three different aspects of the military justice system. The first examines the main characteristics of the military justice system. The second looks at the 'due process' rights of a military offender. The third and last addresses the organization and capabilities of past and present Staff Judge Advocate Sections at division level and below. The overarching context in which this comparison is made is the tempo of operations and the combat environment as it existed during the European Campaign, and under the conditions for future mid-to-high intensity conflict as outlined in the Army's warfighting doctrine, FM 100-5, Operations. AirLand Battle Doctrine envisions the future mid-to-high intensity battlefield as chaotic, intense, and highly destructive. To successfully support commanders in their efforts to maintain law, order and discipline, the requirements for the administration of the military justice system must be flexible enough to meet the challenges resulting from the tempo of operations and the combat environment. Keywords: Military justice, Uniform Code of Military Justice(UCMJ), Legal services, Legal support, Judge advocate general corps activities. (SDW)