Court-martial
A court-martial is a military court or trial conducted within such a court. This judicial body determines the guilt of members of armed forces subject to military law. If the defendant is found guilty, the court decides upon punishment. Courts-martial may also try prisoners of war for war crimes. The Geneva Conventions require that POWs on trial for war crimes be subject to the same procedures as the holding military's own forces. These courts can convene for other purposes like dealing with violations of martial law. They can even involve civilian defendants in specific circumstances. Most navies have a standard court-martial which convenes whenever a ship is lost. This does not presume the captain is suspected of wrongdoing but merely records the official circumstances surrounding the loss.
Usually, a court-martial takes the form of a trial with a presiding judge, a prosecutor and a defense attorney. All three are trained lawyers as well as officers. The precise format varies from one country to another and depends on the severity of the accusation. In Finland, military cases consist of a civilian legally trained judge and two military members: an officer and a warrant officer, an NCO or a private soldier. The verdict and sentence are decided by a majority of votes. However, the court cannot give a more severe sentence than the learned member supports. In Indonesia, any criminal offense conducted by military personnel will be held in trial by military court. Levels range from Military Court composed of one major as presiding judge to Warzone Military Court only applying during wartime. Judges receive temporary rank the same as the defendant if the rank of the defendant is higher than the judges.
Courts-martial have authority to try a wide range of military offences resembling civilian crimes like fraud, theft or perjury. Others like cowardice, desertion, and insubordination are purely military crimes. For members of the British Armed Forces, offences are defined in the Armed Forces Act 2006. Regulations for the Canadian Forces are found in the Queen's Regulations and Orders as well as the National Defence Act. For members of the United States Armed Forces offenses are covered under the Uniform Code of Military Justice (UCMJ). These offences, their corresponding punishments and instructions on how to conduct a court-martial are explained in detail based on each country and service. In India, army courts can try personnel for all kinds of offenses except murder and rape of a civilian which are primarily tried by a civilian court of law.
In Canada, there is a two-tier military trial system where summary trials are presided over by superior officers while more significant matters are heard by courts martial presided over by independent military judges serving under the Office of the Chief Military Judge. Capital punishment in Canada was abolished generally in 1976 and for military offences in 1998. Harold Pringle was the last Canadian soldier executed pursuant to a court martial in 1945 having been convicted of murder. Germany establishes that courts-martial can be created by federal law to take action in a state of defense or against soldiers abroad or at sea. The Netherlands tries military members by a special military section of the civilian court in Arnhem consisting of a military member and two civilian judges. New Zealand Service members are tried under a court martial for offences pertaining to the most serious offences against the Armed Forces Discipline Act 1971.
The Court Martial in the United Kingdom became one of the permanent standing courts established by the Armed Forces Act 2006. Previously courts-martial were convened on an ad hoc basis with several traditions including usage of swords. In Finland, courts-martial proper are instituted only during a war by decree of the government. Such courts have jurisdiction over all crimes committed by military persons. They may handle criminal cases against civilians in areas where ordinary courts have ceased operation if the matter is urgent. War-time court-martial verdicts can be appealed to a court of appeals. Capital punishment in Canada was abolished generally in 1976 and for military offences in 1998. Harold Pringle was the last Canadian soldier executed pursuant to a court martial in 1945 having been convicted of murder.
In Herman Melville's novella Billy Budd first published 1924, the title character is convicted at a drumhead court-martial of striking and killing his superior officer on board HMS Indomitable. He is sentenced to death and hanged. The novella has been adapted for stage film and television notably in Benjamin Britten's 1951 opera Billy Budd. In C.S. Forester's 1938 novel Flying Colours Captain Horatio Hornblower is court-martialled for the loss of HMS Sutherland. He is most honourably acquitted. Several courts-martial occur in the British naval TV series Warship including that of Lieutenant Palfrey accused of killing a foreign officer during a military exercise. The 1992 film A Few Good Men deals almost entirely with the court martial of two enlisted Marines.
Common questions
What is a court-martial and who does it try?
A court-martial is a military court or trial that determines the guilt of members of armed forces subject to military law. This judicial body may also try prisoners of war for war crimes under procedures required by the Geneva Conventions.
How do court-martial proceedings differ between countries like Finland and Indonesia?
In Finland, military cases consist of a civilian legally trained judge and two military members where verdicts are decided by majority vote. In Indonesia, any criminal offense conducted by military personnel will be held in trial by military court with levels ranging from Military Court composed of one major as presiding judge to Warzone Military Court only applying during wartime.
Which laws define offenses for British Armed Forces and United States Armed Forces?
For members of the British Armed Forces, offences are defined in the Armed Forces Act 2006. For members of the United States Armed Forces offenses are covered under the Uniform Code of Military Justice (UCMJ).
When was capital punishment abolished for Canadian military offences and who was the last soldier executed?
Capital punishment in Canada was abolished generally in 1976 and for military offences in 1998. Harold Pringle was the last Canadian soldier executed pursuant to a court martial in 1945 having been convicted of murder.
What happens when a ship is lost according to standard naval court-martial procedures?
Most navies have a standard court-martial which convenes whenever a ship is lost to record the official circumstances surrounding the loss. This does not presume the captain is suspected of wrongdoing but merely documents the event.