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2015•The Encyclopedia of Crime and PunishmentRequires access

War Crimes and Military Justice

Lenna Jones

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Abstract

The US military may exercise its jurisdiction under four circumstances: military law, a military government, martial law, and the laws of war. Military law is the system of military justice governed by the Uniform Code of Military Justice (UCMJ), and the laws of war refer to what conduct is acceptable during armed conflicts. Military jurisdiction under the laws of war is distinct, and is embedded in the early Articles of War, international law, and customs. War crimes are violations of international humanitarian law that are subject to individual criminal responsibility. The US government does not recognize the International Criminal Court's (ICC) jurisdiction over its armed forces, making prosecution for war crimes committed by service members uncertain. The general article of the UCMJ allows for federal laws, such as the War Crimes Act, to be imported into the military justice system for trial by courts‐martial.

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What this paper is about

The US military may exercise its jurisdiction under four circumstances: military law, a military government, martial law, and the laws of war. Military law is the system of military justice governed by the Uniform Code of Military Justice (UCMJ), and the laws of war refer to what conduct is acceptable during armed conflicts. Military jurisdiction under the laws of war is distinct, and is embedded in the early Articles of War, international law, and customs. War crimes are violations of international humanitarian law that are subject to individual criminal responsibility. The US government does not recognize the International Criminal Court's (ICC) jurisdiction over its armed forces, making prosecution for war crimes committed by service members uncertain. The general article of the UCMJ allows for federal laws, such as the War Crimes Act, to be imported into the military justice system for trial by courts‐martial.

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Available abstract

The US military may exercise its jurisdiction under four circumstances: military law, a military government, martial law, and the laws of war. Military law is the system of military justice governed by the Uniform Code of Military Justice (UCMJ), and the laws of war refer to what conduct is acceptable during armed conflicts. Military jurisdiction under the laws of war is distinct, and is embedded in the early Articles of War, international law, and customs. War crimes are violations of international humanitarian law that are subject to individual criminal responsibility. The US government does not recognize the International Criminal Court's (ICC) jurisdiction over its armed forces, making prosecution for war crimes committed by service members uncertain. The general article of the UCMJ allows for federal laws, such as the War Crimes Act, to be imported into the military justice system for trial by courts‐martial.

Key concepts: Military justice, Law, Uniform Code of Military Justice, Jurisdiction, War crime, Political science, Military science, Military operations other than war

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