Changes in Modern Military Codes and the Role of the Military Commander: What Should the United States Learn from this Revolution?

Abstract

This article examines the renewed interest which legal scholars, courts, and practitioners are giving to military justice. In light of this heightened interest, there have been a number of calls to reform the Uniform Code of Military Justice. Specifically, there is pressure to change and reduce the role of the military commander in the justice system. This pressure for change comes in part due to the changes made in the military codes of the United Kingdom and Canada. This paper examines whether the United States should make similar changes. The paper looks in detail at the reasons for the modifications to the military codes of the United Kingdom and Canada, and the specific changes that those countries made. The paper next compares those changes with the approach taken in this country regarding the role of the military commander. The paper also examines some of the possible unintended consequences that come with reducing the role of the commander in military justice. Finally, the paper offers specific recommendations for Congress to consider in making an assessment of the appropriate role for the commander in the military justice system.

JEL Classification: N40, N42, N44