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Legal News
15 Dec 2015
by Shriram T. Eachambadi

The head of army forces command at Fort Bragg, North Carolina, General Robert Abrams on Monday ordered that Sgt. Bowe Bergdahl [BBC profile] face court martial for deserting an endangering troops by leaving his outpost in 2009. Bergdahl faces a possible life sentence [NYT report], a much more severe punishment … [read more]

Legal News
26 Mar 2015
by Matt Belenky

[JURIST] The US military on Wednesday charged [official website] former prisoner of war and Army Sgt. Bowe Bergdahl with "desertion with intent to shirk important or hazardous duty" and "misbehavior before the enemy by endangering the safety of a command, unit, or place." If convicted, Bergdahl could be demoted, dishonorably … [read more]

Legal News
27 Feb 2015
by Brittany Felder

[JURIST] The European Court of Justice (ECJ) [official website] issued a preliminary judgment [text] on Thursday that found a US soldier could possible seek asylum in Germany if he can show a proper reason for his desertion. André Shepherd deserted in Germany in 2007 and sought asylum there the following … [read more]

Professional Commentary
25 Nov 2014
by Nathaniel R. Helms of
edited by Josh Guckert

JURIST Guest Columnist Nathaniel R. Helms, author of No Time for Truth: The Marines, Justice, and the Haditha Incident, discusses the Haditha Incident and the military justice system ...Kenneth Englade recently offered his interpretation of the so-called Haditha Massacre, an unfortunate label applied to a far more reprehensible event that … [read more]

Professional Commentary
17 Nov 2014
by Kenneth Englade of
edited by Yuxin Jiang

JURIST Guest Columnist Kenneth Englade, discusses military justice system in the context of the Haditha incident in 2005 ...Nine years ago this week a squad from Kilo Company, 3rd Battalion, 1st Marine Regiment, was returning from a routine re-supply mission on the outskirts of Haditha in western Iraq when it … [read more]

Legal News
17 Oct 2014
by Julie Deisher-Edwards

[JURIST] The US Department of Justice (DOJ) [official website] has filed a motion [text PDF] in the US District Court for the District of Columbia [official website] seeking to stay an order issued by the court earlier this month requiring the public release [JURIST report] of 28 videos showing the … [read more]

Legal News
6 Oct 2014
by Peter Snyder

[JURIST] A judge for the US District Court for the District of Columbia [official website] on Friday ordered [opinion, PDF] the public release of 28 videos showing the forcible removal and forced feeding of Guantanamo Bay detainee Wa'el Dhiab. Dhiab, a Syrian citizen, has been held at Guantanamo since 2002 … [read more]

Professional Commentary
24 Sep 2014
by Robert Bracknell of
edited by Michael Finley

JURIST Guest Columnist Robert Bracknell, a career Marine officer, continues his discussion on ways to reform the military judicial system...This is the second of a two part series on transparency in military court-martial and attorney/judicial misconduct investigation records. Part I presents the case for transparency in court-martial records equivalent to … [read more]

Professional Commentary
16 Sep 2014
by Robert Bracknell of
edited by Josh Guckert

JURIST Guest Columnist Robert Bracknell, a career Marine officer, discusses ways to reform the military judicial system...For the past several years, the Department of Defense and the armed services have been thrashed by the media, victim interest groups, the civilian and military bars and Congress over military justice issues. Accusations … [read more]

Legal News
16 Sep 2014
by Alison Sacriponte

[JURIST] A nurse who refused to force feed hunger strikers at the Guantanamo detention center [JURIST backgrounder] will not be court-martialed. Navy Captain Maureen Pennington, the nurse's commander, chose not to court-martial but recommended that the officer be required to show cause for retention in the Navy. A board will … [read more]

Legal News
14 May 2014
by Ann Schober

[JURIST] The prosecutor of the International Criminal Court (ICC) [official website], Fatou Bensouda [official profile], announced [press release] Tuesday that she will reopen a preliminary investigation into alleged mistreatment and killings of Iraqi detainees in Iraq by UK military forces from 2003 through 2008. Bensouda stated that her office received … [read more]

Legal News
24 Aug 2013
by Blake Lynch

[JURIST] A jury of six military personnel on Friday ruled [AP report] Staff Sergeant Robert Bales [JURIST news archive] would receive life in prison without parole for killing 16 Afghan civilians. The panel deliberated for less than two hours [Reuters report]. The commanding general overseeing the court-martial still has the … [read more]

Legal News
7 Aug 2013
by G. Redd

[JURIST] Colonel Denise Lind on Tuesday granted in part a defense motion [press release] to merge Pfc. Manning's convictions for sentencing purposes, reducing the possible maximum sentence from 136 to 90 years. Manning was convicted [JURIST report] of 20 counts of espionage, theft, and fraud last week for releasing military … [read more]

20 Jul 2013
by Andrew Morgan

The Iraq War was plagued with accusations of war crimes and atrocities, aimed at the different parties and countries involved in the conflict. The bulk of those claims revolved around the actual combat between US, Iraqi and guerrilla forces. However, the specter of war crimes infiltrated the war early in … [read more]

Academic Commentary
16 Jul 2013

JURIST Guest Columnist Tung Yin of the Lewis & Clark Law School says that the key issue in assessing the espionage charge against Edward Snowden is whether his disclosure of the gathering of call data harmed the US or helped a foreign nation...Several weeks ago, The Guardian's Glenn Greenwald broke … [read more]

Legal News
18 Apr 2013
by Keith Herting

[JURIST] The US Court of Appeals for the Armed Forces [official website] on Wednesday rejected a request by the Center for Constitutional Rights (CCR) [advocacy website] to have access to court documents from the case against Bradley Manning [advocacy website; JURIST news archive]. CCR had filed a lawsuit [CCR backgrounder] … [read more]

Legal News
27 Feb 2013
by Jerry Votava

[JURIST] US Army Colonel Denise Lind, who is presiding over the prosecution of Bradley Manning [advocacy website; JURIST news archive], on Tuesday dismissed a defense motion [text] arguing that Manning should be released based on a lack of a speedy trial. Lind indicated [Reuters report] that Manning had been arraigned … [read more]

Professional Commentary
1 Feb 2013

JURIST Guest Columnist Ted Lieu (D-Torrance), a California State Senator celebrates his state's ban on reparative therapy, and decries a court's injunction to halt implementation of the measure...Consider a medical treatment for minors that caused children to experience depression, guilt, self-hatred and, in severe cases, commit suicide. It would be … [read more]

Legal News
9 Jan 2013
by Keith Herting

[JURIST] A US military judge ruled Tuesday that the pre-trial punishment of Army Pfc. Bradley Manning [advocacy website; JURIST news archive], who is accused of leaking confidential documents to WikiLeaks [website; JURIST news archive], was illegal and excessive. Army Colonel Denise Lind, who is overseeing the pre-trial hearing, determined that … [read more]

Legal News
30 Nov 2012
by Keith Herting

[JURIST] The military judge presiding over the case of Army Pfc. Bradley Manning [advocacy website; JURIST news archive], who is accused of leaking confidential documents to WikiLeaks [website; JURIST news archive], accepted on Thursday the terms of a partial guilty plea put forward by Manning. The decision [WP report] … [read more]

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