2004•New Zealand journal of public and international lawRequires access

The Emperor's Old Clothes: Lack of Transparency in the Courts-Martial Board of Review

Gordon P Hook

Abstract

The Courts-Martial Board of Review is a supervisory military tribunal which reviews decisions of courts-martial. The Board has the power to quash convictions and vary sentences. However, none of its members is legally qualified; nor is it bound by the legal advice it receives from the Judge Advocate General. The Board has no rules of procedure, and extends no natural justice protection to a convicted service member. This article argues for the abolition of the Board of Review and its replacement with a strengthened Courts-Martial Appeal Court, in order to enhance transparency and accountability, and to bring the military justice system into line with New Zealand's international legal obligations.

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Key concepts: Tribunal, Law, Appeal, Transparency (behavior), Military justice, Political science, Economic Justice, Martial law