Présentation de l’éditeur

Military justice is an essential aspect of a nation’s defence system, rooted in a rich historical context that is intertwined with wider legal, political and social developments. Its importance has increased in the 21st century due to the changing nature of war, the need to protect civilians, the need to deal with misconduct by soldiers and to protect victims. It is essential to understand the historical development of military justice in order to grasp its complex legal and ethical dimensions, and avoid past mistakes.

Military justice serves to address misconduct within the armed forces, and to ensure discipline and compliance with ethical and international standards. Ongoing training in military law is mandatory to prevent illegal actions and foster a culture of respect for legal standards. One of the main objectives of military justice is also to protect civilians during armed conflicts. International humanitarian law, including the Geneva Conventions, requires the protection of non-combatants, and military justice systems help to ensure compliance with these laws. Investigating and prosecuting violations, particularly those that endanger civilians, helps to ensure accountability and maintain the legitimacy of military operations. In the same way, advances in military technology, such as the use of drones and artificial intelligence, pose new challenges for military justice. Legal frameworks must evolve to take account of legal and ethical implications of these technologies. Additionally, warfare has significantly transformed in recent years, with cyber warfare, private military companies and counter-insurgency operations. Finally, contemporary military operations often involve coalitions of multiple countries, requiring harmonized approaches to military justice to ensure consistency across different legal systems. The International Military Justice Forum (IMJF) provides a platform for global discussions on military justice, bringing together academics, practitioners, and military personnel. It fosters comparative analysis of international military justice systems and explores their historical and current evolution. This volume brings together major contributions to the 2nd International Military Justice Forum, which convened on 8 and 9 November 2023 in Stellenbosch, South Africa. 

Sommaire

Preface
Kevin Riordan

Introduction
Gwenaël Guyon, Evert Kleynhans, Michelle Nel, Sonja Els

Part 1 - History of military justice

Father of the people or warrior king? Arbitrariness and arbitration in the pardoning of soldiers in the kingdom of France (1460–1559)
Benjamin Deruelle, Quentin Verreycken

From urgent necessity to notorious negligence: building and reforming military justice in the kingdom of France in the late Middle Ages and early Modern Era
Benjamin Deruelle

Reconciling discipline and justice: towards the civilianisation of French military justice (1916-1928)
Gwenaël Guyon

The Italian fascist special court for the defense of the state (1926-1943)
Alessandra Bassani

Reckoning with collaborationism in post-war Italy (1945-1948)
Raffaella Bianchi Riva

Wartime occupation, military justice and civilians: the Belgian experience during world wars. An ambiguous legacy
Xavier Rousseaux

The two faces of military justice in occupied territories: Japanese military justice during the Asia-Pacific war (1937-45)
Kelly Maddox

War criminals, war crime victims, and traitors: the Union of South Africa’s stance towards wartime offences committed by and against Union nationals (1943-1948)
Anna la Grange, Evert Kleynhans

Part 2 - Military justice today

Collective responsibility of conflict-related sexual violence: attribution of conduct to an organised armed group
Jolanda Pretorius

The marching drums of dishonourable discharge in the military: an international comparative study
Sonja Els

Military judiciary can never be truly independent: really?
Bulelani Tsewu

The legal and moral landscape of military artificial intelligence: fixing the accountability gap between man and machine
Piet Bester, Sonja Els

The future of military justice: accountability and weapons systems with autonomous functions
Clea Strydom

Unfinished business: independence and impartiality of Canadian military judges
Afton Brooke David, Rory Fowler

The constitutionnality of South African military justice system: quo vadis?
Michelle Nel

The French military justice system since the 2011 reform
Olivia Luche-Rocchia

The polygraph testing for security vetting in the South African department of defence
Piet Bester, Sonja Els

The Commonwealth military justice transformation project
Francisca Pretorius, Alan Large