We received news of a call for papers for the first international military justice forum, which also considers papers on the History of Military Justice and Comparative Military Justice.
International Military Justice
Forum
Military justice as it is, as it
was, as it was compared and as it could be.
Paris, Cour de Cassation, November 18 and 19,
2021
Argument. The International Military
Justice Forum (IMJF) is a place of debate, meeting and exchange that proposes
to explore a variety of military justice issues. Its first objective is to
highlight the diversity of military justice systems, to expose their salient
features, to explore their history and to underline their actual evolution. In
a comparative way, the IMJF also aims to emphasize links and similarities that
may have existed - or still exist - between national military laws, which may
be consequences of circulations of legal models, codes, doctrines and people or
the existence geopolitical influences. This scientific event must finally allow
us to imagine together what the future of military law could be, as our armed
forces are transformed by new technologies. Its originality is to mix
disciplines. History, law, ethics, philosophy and new technologies will be at
the heart of our debates and discussions. The IMJF, which is a continuation of
the work carried out by lawyers at the Research Centre of the French Military
Academy Saint-Cyr Coëtquidan (CREC) from 2010, was created to bring together
academics, professionals, armed forces officers, engineers and all those who
share an interest for this exciting discipline. The CREC, in collaboration with
the Parquet Général of the French Cour de Cassation, will host the first
edition of the International Military Justice Forum in Paris on November 18 and
19, 2021.
Objectives: • To highlight
contemporary military justice systems and to compare them (Military Justice as
it is). This first part should be used to deepen knowledge on military justice
systems that exist in the world and to identify points of comparison. Many
issues are to be considered: What are the legal foundations of military
justice? What is military courts’ jurisdiction? How are courts organized? How
are they hierarchized? How do they work? Are they special and different from
the civilian courts? Are they civilian specialized courts? Or are they
organized in a mixed way? Who is the judge? What is the procedure? What are the
offences? What are the penalties? What is the officer's role in military
justice? All these questions could also be used to provide a critical look at a
national military justice system, in terms of structure or training: how to
improve military justice? • To recount the history of military justice in the
world (Military Justice as it was).
This second part aims to
highlight the main historical developments of military justice, from Antiquity
to the contemporary period: 1/ The evolution of the sources of military
justice: Military justice systems are known to have been largely built by major
legislations. As, among others, the first Articles of War in England (1385),
the Mandement de Montdidier (1347) and legislations of 1796 in France or the
Swedish code of 1621. At the origins of these founding texts, famous
legislators have left their mark on the history of military justice. However,
the latter has also developed in practice, thanks to courts decisions and to
political debates. In other words, what have been sources of military justice?
Who are those who contributed to its history? 2/ The institutional aspect:
Gradually, military justice has been structured and institutionalized, before
being integrated into State administration. How has military justice been
transformed in the context of the construction of states and the establishment
of permanent and professional armies? This question implies others: how did new
bodies of specialized lawyers appear? Broadly speaking, what have been the
major structural and institutional transformations of military justice? 3/ The
theoretical foundations of military justice: Christianity, Humanism or
Enlightenment, for example, may have influenced development and evolution of
military justice (Belli, Ayala, Grotius, Vettel, etc.). The French
revolutionaries were also not insensitive to the fate of the soldier before a
court. Who are the main authors and intellectuals who used their pen to call
for reform? What were their arguments? Have they been influential? 4 / Military
justice in its military context: Establishing a modern system of military
justice is one thing. Being able to make it work properly is another. Has
military justice always been effective in times of war and especially in times
of debacle or defeat? 5/ Military justice in practice: The history of military
justice is also that of trials and cases. Some are famous, others have been
forgotten. Some have made military justice grow, others have turned public
opinion against it. What are great military affairs in history? Which less
well-known ones deserve to be known better?
The circulation of military justice
models in the world (Military Justice as it was compared) Comparative studies
can answer two sets of questions. 1/ Why compare national military law? It
seems that many authors, lawyer or not, military or not, have compared in the
past and still compare military national laws or military justice systems
today. And there is a variety of reasons: criticizing a system, promoting or
rejecting reform, categorizing or classifying laws or procedures, or simply
exposing diversity. It also seems that several national military laws have been
models used to build other national legal systems. The aim is to look at the
circulation of military law models around the world, and to expose methods and
motives of legal comparison. 2/ Are there "families" of military law?
French comparatist René David identified several "families" of legal
systems in the world (Common Law, Civil Law, Religious Law, etc.)? But could it
be possible to identify families of military laws? In other words, have
colonization, international treaties of all kinds (e.g. NATO),
intergovernmental organizations (Ex: Commonwealth), political unions (Ex:
USSR), political and economic associations (Ex: EU) or simply interstate
cultural or diplomatic bounds, contributed to the emergence of "families"
of military justice systems, whose members share common features and
similarities?
Imagine tomorrow’s military law
and military justice (Military Justice as it it could be). Battlefield
robotization, augmented soldier, artificial intelligence; technological developments
present and to come and their use by armed forces will necessarily be
controlled and regulated by law. Stakes are numerous: responsibility, consent,
courts’ jurisdiction, etc. Which future for military law and military justice?
Papers will be given in English
or in French (interpreters will translate from English to French and from
French to English). Organization committee: Stéphane Baudens (CREC Saint-Cyr)
Eric Gherardi (CREC Saint-Cyr) Gwenaël Guyon (CREC Saint-Cyr) Gérard de
Boisboissel (CREC Saint-Cyr) Proposals for communication (400 words maximum),
should be sent to the forum’s organizers, specifying in which section papers
would be included: militaryjusticeforum@gmail.com The deadline to submit a
proposal is April 15, 2021.
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