This Article critically assesses the disciplinary proceedings carried out by judicial officers within the military, shedding light on the absence of crucial procedural guarantees, such as the right to legal representation and an impartial judge. After comparing the Israeli disciplinary proceedings with the Summary Court-Martial system in the United States and considering arguments used to justify the lack of procedural guarantees, the Article emphasizes the emotional distress experienced by soldiers who feel powerless due to power imbalances with their commanders and the severity of prison sentences the may face. While the Article primarily focuses on the Israeli army, its main arguments hold relevance to disciplinary proceedings in militaries worldwide.
In light of the myriad concerns raised, the Article advocates for the preservation of fair procedural guarantees in military disciplinary proceedings. It argues that legal representation should be made available to soldiers before imposing an imprisonment sentence in such proceedings.
Furthermore, the Article introduces the integrative tribunal established in Israel in 2018, which was specifically designed to address cases of desertion. This tribunal prioritizes addressing the root causes of desertion and focuses on the rehabilitation and reintegration of soldiers into proper military service, maintaining a fair process without resorting to imprisonment. By examining the proceedings of the integrative tribunal, the Article advocates for extending equitable practices to disciplinary proceedings involving soldiers who have committed less severe offenses. It also suggests that this court could serve as a model for disciplinary proceedings worldwide. The overarching goal of this Article is to promote a more just and balanced disciplinary process that upholds the principles of fairness and ensures consistency in the treatment of all misconduct cases.
Comments