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

10 May, 2011

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TABLE OF CONTENTS

Introduction to the Toolkit

Summary

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