Also, the Permanent President of Courts Martial (PPCM) appointed to the court martial in the case was independent and made an important contribution to the independence of an otherwise ad hoc tribunal.
The court considered that the absence of a full-time PPCM, with no hope of promotion and no effective fear of removal and who was not subject to report on his judicial decision-making, deprived Royal Navy courts martial of an important contribution to the independence of an otherwise ad hoc tribunal.
He says the courts martial
system is unfair and should follow the same regulations as civilian courts.
Those countries which remain committed to participating in peacekeeping operations but whose legislation does not permit onsite courts martial
should consider reform of the relevant legislation.
Judges in Strasbourg said changes introduced in 1996 to make courts martial
fairer had 'gone a long way', but the system was still not independent enough to guarantee a fair hearing.
Section 39 & 40 Courts Martial
(Appeals) Act 1968.
The recommendations by military judge Lt Col Ronald Rodgers will be sent to Lt Gen Peter Pace, commanding general of Marine Atlantic forces in Norfolk, Virginia, who will decide whether to order courts martial
hear cases against servicemen or members of their family who are living in barracks alongside them when they are accused of an offence.