At a recent workshop in South Africa, an initial draft of the Commonwealth Military Justice Principles was prepared by judges, legal experts, academics, and military professionals.
The draft document resulted from a series of robust online discussions, culminating in two days of meetings at the Stellenbosch Institute for Advanced Study (STIAS) in the margins of the International Military Justice Forum.
At their meeting in November 2022, Commonwealth Law Ministers charted the agenda for a Commonwealth Military Justice Transformation Project. Now, this work is being carried forward by the Office of Civil and Criminal Justice Reform at the Commonwealth Secretariat.
The objective of the transformation project is to ensure alignment with international norms and standards in military justice systems across the Commonwealth. The drafting of the Commonwealth Military Justice Principles is at the heart of those aims.
The draft principles include harmonisation with international humanitarian and human rights law, guaranteeing the proper administration of justice through an independent and impartial judiciary that is free from interference and pressure from the other branches of government. The project also aims to guarantee due process of law and equal access to justice.
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A committee of experts from eleven Commonwealth countries deliberated and drafted principles, which will now be circulated for input from other member countries. Once the collaborative process is completed, the agreed principles will guide member countries requesting assistance to reform their military justice systems.
The Secretary General of the Commonwealth, the Rt Hon Patricia Scotland KC, commented:
“Military courts, like all other courts, play a key role in protecting public order and welfare and are essential in maintaining military discipline. Military justice systems should be an integral part of the general judicial system and must ensure the proper administration of justice.
“I welcome the committee of experts’ draft working principles, which reflects both research and the exchange of ideas and expertise across the Commonwealth. We will now consult with member countries on these principles.”
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One of the experts who worked on the draft principles, His Honour Judge Alan Large, Judge Advocate General of the United Kingdom, said:
“Military justice plays a key role in protecting public order and welfare, as it supports the operational effectiveness of a nation’s armed forces by delivering the timely and fair disposal of crimes and breaches of discipline. Like any system of justice, military justice must preserve the fundamental human right to a fair trial. This draft sets out the principles which we consider are required in a military justice system.
“It is a significant step in a process of consultation with member nations which I hope will, in due course, lead to the adoption of the principles across the Commonwealth. I am most grateful to the international committee of experts, who have given up their time to work together on this project over the last six months, and for the considerable support of the Rt Hon Patricia Scotland KC, the Secretary General of the Commonwealth, and her dedicated team.”
The Office of Civil and Criminal Justice Reform aims to transform the operation of justice systems and the delivery of justice across the Commonwealth. Part of their work involves providing model legislation, manuals, templates, and other legal resources which member countries can adopt or adapt to suit their needs.
Download the First Draft of the Commonwealth Military Justice Principles
Media contact
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Charmaine Wright Head of Media Relations, Communications Division, Commonwealth Secretariat
- +44 20 7747 6242 | E-mail
