Monthly Archives: May 2017

New memo on Dissent policies published, Military Psychiatric Policies updated

Newly published: A new memo on Military Dissent Policies and an update to Military Psychiatric Policies. Both are available in two formats: to be read online, with responsive sizing, or as a PDF for download and printing. If you need a printed copy, or would like to order multiple copies, please contact us.

On Watch Spring 2017 now available

The Spring 2017 issue of On Watch: Critical Perspectives on Military Law is now available.

In this issue:

What Does a Trump Administration Mean for the GI Rights Advocacy Community? by Maria Santelli

2017 National Defense Authorization Act Personnel Provisions by Kathy Gilberd

The Injustices of Manning’s Ordeal by Marjorie Cohn

Court-Martial: How Military Justice Has Shaped America Page – Book Review by Jim Klimaski

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

This entry is part of On Watch 28.1 Spring 2017
Book Review

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

by Mr. Chris Bray, US Army Infantry Sergeant & PhD in History from UCLA.

The United States came into existence at a time when the laws of war and governance of the armies which fought them were beginning to take hold and develop. The new nation had only a limited history of warfare: formations of citizen militias to fight off attacks from Native American tribes trying to resist further expansion of the European colonists.

These militia formations consisted of friends and neighbors: volunteers and pressured townspeople or farmers, who had a personal stake in whatever fight they were engaged in. Officers were elected. These citizens taught themselves how to fight and behave as soldiers. It was not uncommon for debates to occur as to the best ways to fight. Once the danger was over, these militias would become dormant or even disband.

To keep up a presence, some would become clubs or social organizations. It was from this core that an American revolutionary army would emerge. And this is the starting point for Chris Bray’s Court-Martial and its chronicle of the evolution of American military law and American military justice. The book is not just for those interested in the history of law. Bray presents a picture of military law attempting to protect the status quo as the world changes.

The Injustices of Manning’s Ordeal

This entry is part of On Watch 28.1 Spring 2017

For exposing war crimes in Iraq and Afghanistan, Pvt. Chelsea Manning suffered nearly seven years in prison, an ordeal President Obama finally is ending but without acting on the crimes she revealed.

After overseeing the aggressive prosecution and near-seven-year incarceration of Army whistleblower Chelsea Manning, President Obama – in one of his last acts in office – commuted all but four months of her remaining sentence but ignored the fact that he had taken no action on the war crimes that Manning revealed.

At his final news conference, Obama explained his reasons for commuting Manning’s record-setting 35-year sentence for leaking classified information to the public. Manning is scheduled to be released on May 17.

“Chelsea Manning has served a tough prison sentence,” Obama said. “It has been my view that given she went to trial; that due process was carried out; that she took responsibility for her crime; that the sentence that she received was very disproportionate relative to what other leakers had received; and that she had served a significant amount of time; that it made sense to commute and not pardon her sentence. … I feel very comfortable that justice has been served.”

But there has been no justice for the Iraqis and Afghans whose unjustified deaths and mistreatment were exposed by the then-22-year-old Army private, known at the time as Bradley Manning. An Army intelligence analyst in Iraq, Manning sent hundreds of thousands of classified files, documents and videos, including the “Collateral Murder” video, the “Iraq War Logs,” the “Afghan War Logs” and State Department cables, to WikiLeaks. Many of the items that she transmitted contained evidence of war crimes.

2017 National Defense Authorization Act Personnel Provisions

This entry is part of On Watch 28.1 Spring 2017

On December 23, 2016, President Obama signed the National Defense Authorization Act of 2017. Although the Act deals primarily with funds and authorizations for the military’s bloated budget, it always contains policies affecting military personnel and veterans.