Editor Michel Paradis enters the commander discretion debate with two pieces over at Lawfare and at Articles of War.
Update: Eugene Fidell responds here.
2 Comments
6/1/2021 01:12:52 pm
This is how Germany might deal with alleged offenses while deployed. (Another ally putting prosecutions in hands other than the commander.)
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6/3/2021 11:19:09 am
Phil, this is undoubtedly an example of another ally putting prosecutions in hands other than the commander - and presumably (based on your scholarship and previous comments here and elsewhere) you consider this to be a good thing. Before you hold this up as an example to which others (especially the US) should aspire, I would encourage you to go back and conduct a critical assessment of the decision the civilian federal prosecutor published when explaining the decision not to prosecute.
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