Thread by @barandbench

Worldwide Book Launch of "March to Justice: Global Military Law Landmarks", edited by @SinghNavdeep and @frankrosenblatt to commence shortly. Follow this thread and link in picture for updates from the launch.

The launch will be followed by a panel discussion on Global Trends in Military Justice, moderated and curated by Justice Rajive Bhalla and Maj Gen Neeraj Bali.

#military #law @SinghNavdeep @frankrosenblatt

Book is unique. Subtle difference between military law and military justice we'll come to know: Vikas Chatrath

[Welcomes moderators]

Collaborated with @barandbench for this launch.
Before beginning, death of CDS #BipinRawat condoled. 1 minute silence observed. Tribute video playing.

Video tribute for all the slain in the recent incident at the Nilgiris.

Over to the moderators

J Rajive: Thank you everybody for allowing me to moderate.
Lovely panel of people here.

"An unjust decision will be subversion of justice." As I read book, wondered are getting towards justice in military law.: J Rajive

J Rajive: Book is long overdue. Book takes us through vivid journey, sheer depth of the book in rhe countries it covers.

J Rajive: They have gone through in great detail matters of jurisdiction etc in military law.
But are we getting there in terms of justice in military law?

J Rajive: Will start with a question to Frank. 2 people of different militaries, how did y'all get together for the book?

@SinghNavdeep : Met at Yale Law School. Hit it off.
[Points to picture of YLS seminar in background]

Navdeep: We were both votaries of absolute independence of judiciary even on military side. @frankrosenblatt very humane and soft person

Connected with Navdeep, we both love our military and country.
He really shapes opinion on how Twitter. Idea for book came from him: @frankrosenblatt

J Rajive: is it or is it not fair [US military justice]?

There are good areas but some problems as well: @frankrosenblatt

@frankrosenblatt ; legislators largely get their way in terms of military law

J Rajive: We Look for leadership towards American justice system.

@frankrosenblatt : All our case laws and military handbooks etc are worth reading.

[on book] This kind of work has never been done before.
You cma diagnose civic health of country by looking at its military law: @frankrosenblatt

J Rajive: What about gender justice there?

@frankrosenblatt : system such that won't be a victim simply because of association to armed forces.

J Rajive: Seems to be a hands-ofd approach. What do you make of it? ( To Navdeep)

@SinghNavdeep : only later that military held to similar standards as others judicially.
Justice and discipline intertwined.

@SinghNavdeep ; Nothing as being too just.

J Rajive: how do you balance rights in a battle zone?

@SinghNavdeep: Key to see intention, whether in good faith and line of duty.
Only good justice system can lead to correct conclusions.

@SinghNavdeep : Fairness would lead to better morale, discipline.

[Reads excerpts from book]

@SinghNavdeep : we cannot divorce justice from discipline. Better justice will lead to more discipline.

Maj Gen Neeraj Bali: On a serious note, every word of @SinghNavdeep resonates.
Larger benefit if justice and discipline both ensue.

J Rajive cracks joke about the book being given free being the best part of the launch.

Maj Gen Neeraj Bali: One view that military courts better not handled via civil procedures.

J Rajive: Does EU convention on human rights apply to all States?

Jan Peter Spijk: All members adhere to treaty. Legal standards may vary but all have to adhere, and they do mostly.
Generally, as a rule, all these nations adhere. On conviction in a regular basis, it happens even if it takes a while.

J Rajive: Is EU system most progressive?

Jan Spijk: Every country has a different millitary-legal system in EU but within treaty.

EU courts allow leeway to organisations

Jan Spijk: Every nation can thus implement a military legal question for it.

Maj Gen Neeraj Bali: Let's turn to Judge Jeff Blackett.

J Blackett: Have to look at subjective and objective Fairness.
Court martial system pre-Finly was arguably fair but it was not objectively fair atleast, which depended on independence.

J Blackett: order created huge disturbance for the military. Military like to control everything in their sphere of influence. They find it difficult if anything against chain of command.

J Blackett: Finley judgment landmark. Now jury made up of experts and civilians.
System does understand now under direction of independent judge and can align with civilian system.

J Blackett: Judgment met with horror initially by British military. New system delivering better justice and discipline hence.

Maj Gen Bali: How is interpretation of service connection different form civil common law?

Pascal Levesque: [Describes criteria]

Pascal L: In Canada, what gives jurisdiction to service personnel is their status.

Pascal Levesque: So commentators ask if service members may lose rights if processed by civil system

Pascal Levesque: With due respect to Supreme Court of Canada, we need justices of status in this matter.
In democracy, there's balance of interest. Operational needs of forces vs civilian rights. Dialogue and use of comparative law needed, that's what book does.

Pascal Levesque: It's civilian laws that would be applicable to service members hence we should all be concerned.

Pascal Levesque: Hope have a better discussions on potential of delivering military justice.

Rory Fowler: Challenge in Canada of need to balance civilian control over military versus justice.

Rory Fowler: Challenge to balance need for a disciplinary system used by chain of command for desired purpose.

Rory Fowler: instances of chain of command in Canada using other means than in code of service regulations, hard to regulate in civil

Rory Fowler: If military finds code unwieldy, they'll resort to methods which are less difficult to challenge in civil law
Need for use of balance in chain of command

Maj Gen Bali: What are the most important lessons on independence that need to be taught to military judges and others?

Amos Guira: In Israel, politicisation over soldier in a case.

Amos Guiora: It's for military to decide judicial fate of soldier as per rules. Terrible incitements to now retired army chief.

Amos Guiora: Decision to prosecute the soldier in case can be test case, questions of manslaughter vs murder.
Independence of military key.

Amos Guiora: Firm believer that sexual assault offences should be out of military trial in US

Amos Guiora: Judicial independence in the face of public incitement must be admired.

J Rajive: Are justice and military law really compatible?

J Rajive: Time for military courts to dream with pressures of digital media?

J Blackett: [speaks of Brexit]
Judges have to be ravaged by the press, you deal with it by remaining quiet and letting the govt protect you.

J Rajive: How do you dispense with justice when military enter parliament?

Jan Spijk: Doesn't happen in EU, can't enter parliament in uniform here. It's a problem in some countries.

Maj Gen Bali: "Some people love status quo until quo is left with no status"

J Blackett: after two Landmark cases, US and Canada armed forces went differently.
Called for judges to not be military members.

Rory Fowler: We've now come full circle, having dealt with independence of court martial

Rory Fowler: Notwithstanding, additional appeals have led to further reforms.

Rory Fowler: Single biggest catalyst for reforms in military law, is the use of appeals by the accused

J Rajive asks everyone's opinion on AFSPA

@SinghNavdeep : 2 chapters on #AFSPA in the book.

@SinghNavdeep : Contrary to popular perception, protection under #AFSPA not absolute.
Only if action is in good faith and in line of duty. Unforgivable to maim people with criminal information, no protection in those circumstances.

#AFSPA mentions so. Army is clear that human rights have to be respected, aberrations are condemned.

*criminal intention

@SinghNavdeep : Oversight required. Constitutional courts play role in this.

@SinghNavdeep : advice to jag Officers is don't her personally involved in your files. Don't treat litigant like enemy, help court arrive at justice. There should be no over smartness.

@SinghNavdeep: Dont try to be smart Alec trying to defeat the system. Jag Officers should be wary of this.

@frankrosenblatt : advice to jag Officers- don't only think about promotion. Maintain ties to civic life and forums.

Amos Guiora: Jags ought to be wedded to the rule of law. Ignore external and internal noise

Jan Spijk: My advice would be try to develop independent thinking even if junior officer in room.

Pascal Levesque: Best court martial case is one that never materialized coz you prevented him (advice to jag Officers)

J Rajive: Please talk to civilian colleagues. Don't sit in cocoon of cantonments. See real world.

Maj Gen Bali: Role to instinctively know that have to aid justice and not just prosecution (advice to jag Officers)

Rory Fowler: had tendency to speak truth to power, explains career projection. If you're only voice of reason in room, if challenging commanders, have to find the right way to do it.

Aggressive may not always be right approach, have to master craft. Coz if wrong, won't forget.

Master craft by selecting apt mentors. Other resources available to assist: Rory Fawler

Q: Is civilian courts dealing with military matters the way to go?

Jan Spijk: idea to abolish military courts etc very bad. Military justice system should follow same principles, military legal experience needed in existing system.

Rory Fowler: Agree. Most nations have obligation to maintain discipline in armed forces.
We all have different systems, social norms. All of us must maintain inherent military discipline, gol we use for justice.

@ShagunSuryam gives vote of thanks: can speak for all that book will be enjoyed by masses.

Challenges faced by military law ecosystem differ much from our ecosystems.

*don't differ much

@ShagunSuryam : Thank editors @SinghNavdeep and @frankrosenblatt.

@SinghNavdeep: Thankful to @barandbench and publishers for discussion. [Thanks all panelists]

Judges, bar members, Jags can take away from our discussion.

@frankrosenblatt ; We need your help! We're trying to outsell #HarryPotter
Please purchase from your nearest bookstores!

[Event ends]