Both cases concerned trials by courts martial
held since the rules were changed because of earlier human rights cases.
Some defence lawyers believe that the challenge could lead to the abolition of courts martial
so that servicemen facing criminal charges would be tried by the criminal courts in the same way as other civilian offenders.
In this way, efforts to conduct courts martial
of offenses occurring on "small bases" are further complicated.
It has been used to undermine similar courts martial
in Strasbourg, France.
The Government may have to make further changes to the courts martial
system in the armed forces following a new human rights ruling yesterday.
Further functions are set out within the Courts Martial
(Royal Air Force) Rules 1997, SI 1997 and No 171 made by the Secretary of State in accordance with his powers under Section 103 of the Air Force Act 1955.
But the pounds 45,000-a-year officer fell foul of military law himself because he passed the message in a note via a court orderly - a move strictly forbidden during courts martial
of the United States, shall be governed by the aforesaid rules and articles, and shall be subject to be tried by courts martial
, in the like manner with the officers and soldiers of the other troops in the service of the United States.
A military judge has recommended the pilot and navigator of a low-flying Marine jet that cut a ski gondola cable in the Italian Alps killing 20 people face courts martial
on negligent homicide charges, a senior military official said yesterday.
73) In 1782, Robert Morris, the Agent of Marine to the Continental Congress, (74) reported that "the present Situation of the Navy will very seldom admit of holding Courts Martial
or Courts of Enquiry for the want of sufficient officers.