COURT-MARTIAL

plural Courts-martial, or Court-martials, military court for hearing charges brought against members of the armed forces or others within its jurisdiction; also, the legal proceeding of such a military court. In ancient times, soldiers generally forfeited any rights that they might have had as civilians and were completely subject to the will of their military commanders. Such military law prevailed through medieval times in Europe until the 16th century, when the beginnings of a military judicial process arose, creating military councils charged with the duty of determining guilt and punishment. The British Mutiny Act of 1689 provided for the disciplining of a standing army and initiated modern Anglo-American military law. Most modern countries have separate military codes of justice administered by military courts, usually subject to civilian appellate review. Germany is a notable exception, delegating the trial and punishment of military personnel to the civilian courts, except for the most petty of offenses. Generally, courts-martial are convened as ad hoc courts to try one or more cases referred by the convening authorities. A general court-martial can be convened only by the commander of a major military installation, by a general or flag officer, or by some higher military authority. A special court-martial can be convened by a regiment-grade or brigade-grade officer. Whereas a general court-martial can try any offense and impose any penalty, the special court-martial is limited in its penalty to short-term confinement and dishonourable discharge. The convening officer chooses officers from his command to sit on the court, where they determine guilt or innocence and hand down sentences.