German military law has a long history.
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History [link]
In 1900 the German Empire established a single jurisdiction to try soldiers, with the Reichsmilitärgericht as the supreme court. During the First World War, German military law enabled military courts to try not only soldiers but also civilians held to have violated the military law. Especially well-known is the case of Edith Cavell, the English nurse court-martialled and executed in occupied Brussels in 1915 for having helped POW's escape - which was indeed a capital offence under the German military law of the time.
In the Weimar Republic (1919-1933), separate courts-martial (German: Militärgerichtsbarkeit) did not exist - but they were revived in the Third Reich by a special directive of May 12, 1933. The Reichskriegsgericht was established as the high court by another directive of September 5, 1936 on the following October 1. In World War II the court convicted not only Wehrmacht members but also civilians as the first and last resort for the crimes of:
- High treason (Hochverrat),
- State treason (Landesverrat), primarily espionage
- War treason (Kriegsverrat), a diffuse term applied to all kind of actions that may affect the military strength like
- Subversion of military strength (Wehrkraftzersetzung), which encompassed even critical statements
- Conscientious objection (Kriegsdienstverweigerung) and desertion (Fahnenflucht).
Between 1939 and 1945 the Reichskriegsgericht was responsible for over 1,400 executions, including those of the Red Orchestra.
From 1910 until 1919 the Reichsmilitärgericht and from 1936 on the Reichskriegsgericht was based in a building on Witzlebenstraße in the Charlottenburg district of Berlin. In 1943 the court was transferred to Torgau, where it was based until the end of the war. In 1951 the building became the temporarily base of the Berlin Kammergericht (appellate court), since 2005 it is a private estate.
Current situation [link]
Since 1949, the Federal Republic of Germany has no special military courts. Criminal acts committed by soldiers are tried in ordinary criminal courts by civilian judges.
Art. 96 para. 2 Basic Law (Grundgesetz) allows for the creation of specialised military courts in case of war and for soldiers sent abroad, subject to a federal law. Such a law has not been passed.
Smaller offences are being handled by disciplinary courts which are attached to the administrative court system. They may only pronounce disciplinary punishments, but no criminal sentences (e.g. no imprisonment, except 21 days of detention in the watch room).
Commemorative plaques [link]
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Plaque to conscientious objectors and resistance fighters at the former Reichskriegsgericht in Berlin
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Plaque to Franz Jägerstätter at the former Reichskriegsgericht in Berlin
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Plaque to Karl Sack at the former Reichskriegsgericht in Berlin
See also [link]
- Military law
- Court martial
- Command and obedience in the Bundeswehr
- Franz Jägerstätter
- Karl Sack
- Wehrmacht
External links [link]
- (German) Luise Berlin - Reichskriegsgericht (Gedenktafel, Geschichte, Literatur)
- (German) Berlin-Lexikon: Reichskriegsgericht
https://wn.com/German_military_law
Bundeswehr
The Bundeswehr (German: [ˈbʊndəsˌveːɐ̯], Federal Defence) is the unified armed forces of Germany and their civil administration and procurement authorities. The States of Germany are not allowed to maintain armed forces of their own, since the German Constitution states that matters of defense fall into the sole responsibility of the federal government.
The Bundeswehr is divided into a military part (armed forces or Streitkräfte) and a civil part with the armed forces administration (Wehrverwaltung). The military part of the federal defense force consists of the Heer (Army), Marine (Navy), Luftwaffe (Air Force), Streitkräftebasis (Joint Support Service), and the Zentraler Sanitätsdienst (Joint Medical Service) branches.
As of 30 November 2015, the Bundeswehr has a strength of roughly 178,000 active troops, placing it among the 30 largest military forces in the world and making it the second largest in the European Union behind France in terms of personnel. In addition the Bundeswehr has approximately 40,000 reserve personnel (2014). With German military expenditures at €34.4 billion, the Bundeswehr is among the top ten best-funded forces in the world, even if in terms of share of German GDP, military expenditures remain average at 1.2% and below the NATO recommendation of 2%.
Military justice
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. The latter condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared enforced.
Canada
All Commands of the Canadian Forces (CF) (that is, Royal Canadian Navy, Canadian Army, Royal Canadian Air Force, Canadian Joint Operations Command, and Canadian Special Operations Forces Command) are primarily governed by the National Defence Act (NDA). Section 12 of the NDA§ authorizes the governor in council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having the force of law. Since the principle of delegatus non potest delegare has not achieved rigid standing in Canada, the QR&Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within the CF to administer the day-to-day considerations of the Forces.
