An Unnecessary Convenience: The Assertion of the Uniform Code of Military Justice ("UCMJ") over Civilians and the Implications of International Human Rights Law

Authors

• Dan E. Stigall, U.S. Army Judge Advocate

Abstract

The expansion of the Uniform Code of Military Justice (UCMJ) to include jurisdiction over civilians during contingency operations raises significant legal and human rights concerns, particularly regarding due process and equality under the International Covenant on Civil and Political Rights (ICCPR). While the UCMJ aims to maintain military order, its application to civilians may not meet the ICCPR's requirements for necessity and fairness, potentially undermining the U.S.'s international reputation. However, proponents argue that military jurisdiction can sometimes advance human rights and accountability, suggesting a need for balanced solutions.

Disciplines

Contracts | Human Rights Law | Jurisdiction | Law | Military, War, and Peace

Recommended Citation

Dan E. Stigall, An Unnecessary Convenience: The Assertion of the Uniform Code of Military Justice ("UCMJ") over Civilians and the Implications of International Human Rights Law, 17 Cardozo J. Int'l & Comp. L. 59 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss1/4