2. According to Gardner and Anderson, international
criminal law can be defined as offenses against the law
of nations by international treaties and international
conventions.
Resulted in creation of the International Criminal
Court in July 2002 after the ratification of The Treaty of
Rome.
This court has the power to investigate and prosecute
people accused of genocide, war crimes, and crimes
against humanity.
3. Guides the military criminal process
Exclusive authority over military members
Can be tried and convicted in a court martial or
military court
(covers soldiers of the Air Force, Army, Coast Guard,
Marines, military reserves while in active duty and
Navy)
4. Mutiny
Sedition
Failure to obey an order
Insubordinate conduct
( Most crimes violate both military and civilian law.
Some examples: robbery, assault, and murder.)
5. Based on the location of a crime
Crime must have occurred within the boundaries of
the state
6. May be tried by military court,civilian court, or both.
Cannot be tried for the same misconduct by military
court and another federal court
CAN be tried for the same misconduct by both
military court and a state court
(The two systems will coordinate to decide where the
service member should be prosecuted)
7. Special Court-Martial
Summary Court-Martial
General Court-Martial
These are punishment procedures utilized by the
military to punish soldiers for crimes varying by
severity of the crime(s) committed.
8. Used for crimes that are considered to be
misdemeanors.
Penalties include the following:
Confinement for one year
Hard labor without confinement for up to three
months
Forfeiture of two-thirds pay per month for up to one
year.
Reduction in pay grade.
Bad-conduct discharge.
9. Used to resolve minor crimes.
Penalties include the following:
Confinement for 30 days
Hard labor without confinement for 45 days.
Forfeiture of two-thirds pay per month for one month.
Reduction to the lowest pay grade.
Note: for service members with higher pay grades,
confinement or hard labor without confinement can't
be imposed, and their pay grade can only be reduced
to the next lower level.
10. Used for the most serious crimes.
Can impose any punishment not prohibited by the
Uniform Code of Military Justice (UCMJ).
In some cases, a death sentence is a possible
punishment.