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International Standard: Principles Governing the Administration of Justice Through Military Tribunals

10 May, 2011




Introduction to the Toolkit


Introduction to the Principles Governing the Administration of JusticeThrough Military Tribunals

Principles Governing the Administration of Justice Through Military Tribunals

Principle No. 1: Establishment of military tribunals by the constitution or the law
Principle No. 2: Respect for the standards of international law
Principle No. 3: Application of martial law
Principle No. 4: Application of humanitarian law
Principle No. 5: Jurisdiction of military courts to try civilians
Principle No. 6: Conscientious objection to military service
Principle No. 7: Jurisdiction of military tribunals to try minors under the age of 18
Principle No. 8: Functional authority of military courts
Principle No. 9: Trial of persons accused of serious human rights violations
Principle No. 10: Limitations on military secrecy
Principle No. 11: Military prison regime
Principle No. 12: Guarantee of habeas corpus
Principle No. 13: Right to a competent, independent and impartial tribunal
Principle No. 14: Public nature of hearings
Principle No. 15: Guarantee of the rights of the defence and the right to a just and fair trial
Principle No. 16: Access of victims to proceedings
Principle No. 17: Recourse procedures in the ordinary courts
Principle No. 18: Due obedience and responsibility of the superior
Principle No. 19: Non-imposition of the death penalty
Principle No. 20: Review of codes of military justice