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The Role of Military Courts Across Europe: A Comparative Understanding of Military Justice Systems

Written by Daniela Cotelea, Alberto Pineda Alcántara, Cristina Tempera, Medeleine Brach, Cedric Foisseau and Giuseppe A. Ira

In the last decades, military justice systems have been subject to numerous reforms in different European states. The push for modernisation processes stems from the fact that military justice in some states needs to increase its fair trial guarantees within their legal framework. Recently, the existence of many traditional military tribunals has been put at stake. Many critics consider military justice is being called into question due to the alleged non-impartiality of military courts and international law developments. Some military courts no longer exist on their own, military judicial competences have been embedded into or transferred to civilian courts (Andreu-Guzmán, 2004, 161). A few standing military courts have been abolished, while others still exist, albeit their roles and responsibilities during peacetimes are very modest. Some states, such as Germany and France, allow the creation of ad hoc tribunals to face extraordinary situations such as the case of a war, and this is provided for by their respective constitutions.