Military Justice. Contemporary Challenges, History and Comparison

The success of military operations, the safeguarding of national interests and the discipline of the troops within the overall context of the rule of law have always presented great concerns for national armed forces. Nowadays, military justice faces several issues and criticisms. The prospect of ‘high-intensity’ warfare in Europe, battlefield robotisation, augmented soldiers, artificial intelligence and other present and potential future technological developments are new contemporary challenges for military justice and military criminal law. Also, the
constant pressure for the ‘civilianisation’ of military justice systems since the 17th century, which implies bringing civilian and military justice closer together or even merging the two legal systems, is another issue to be addressed. A further challenge involves using mercenaries and auxiliaries on the battlefield, which blurs the lines and undermines the respect of the law of armed conflict as well as makes the application of the national rules of military justice difficult.

What are the legal and political foundations of military justice? How does it function? How to improve it and reform it? What does the future hold for military law and military justice? What can we learn from history?

Indeed, historical research can help us understand the different ways in which military justice systems have been constructed, have evolved and functioned, particularly in wartime, while comparative law may be useful in understanding the great variety of military justice systems around the world.

This volume brings together major contributions to the 1st International Military Justice Forum, which convened on 18 and 19 November 2021 in Paris, hosted by the Court of cassation, the French Judicial Supreme Court, and the Hotel des Invalides, a historical place for the French Military Forces.

Gwenaël Guyon is Associate professor in Legal history and Comparative law at Saint-Cyr Military Academy, seconded from the University Paris Cité and Research fellow at the University of Stellenbosch.

Jean-Paul Laborde is Roving Ambassador, Honorary Judge, French Judicial Supreme Court, former Executive Director of the UN Counter-Terrorism Executive Directorate (UN CTED) and former UN Assistant Secretary-General.

Stéphane Baudens is Associate professor in Legal history at Saint-Cyr Coëtquidan Military Academy and Director of the CReC Saint-Cyr.