HUMAN RIGHTS PROTECTIONS FOR THE AIRMAN - THE EFFECT OF RATIFICATION OF CERTAIN INTERNATIONAL AGREEMENTS ON THE MILITARY JUSTICE SYSTEM OF THE UNITED STATES AIR FORCE

• NCJ Number: 46325
• Author(s): R A NOVAK
• Date Published: 1977
• Length: 145 pages
• Corporate Author: US Dept of the Air Force
• Sale Source: National Technical Information Service
• Language: English
• Country: United States of America
• Note: MASTER'S THESIS - GEORGE WASHINGTON UNIVERSITY NATIONAL LAW CENTER

Annotation

AN EVALUATION OF JUDICIAL AND NONJUDICIAL MILITARY PROCEDURES AND PUNISHMENTS IS UNDERTAKEN IN RELATION TO EXISTING INTERNATIONAL HUMAN RIGHTS ACCORDS.

Abstract

IN 1966, THE UNITED NATIONS COVENANT ON CIVIL AND POLITICAL RIGHTS WAS OPENED FOR SIGNATURE, AND IN 1969, THE AMERICAN CONVENTION ON HUMAN RIGHTS WAS SIGNED IN COSTA RICA. WHILE BOTH AGREEMENTS PROVIDE FOR THE GUARANTEE OF CERTAIN BASIC HUMAN RIGHTS, THE AMERICAN CONVENTION GOES FURTHER BY PROVIDING THE RIGHT OF INDIVIDUAL PETITION TO AN INTERNATIONAL COMMISSION FOR ALLEGED VIOLATION OF THESE GUARANTEES. PRESIDENT CARTER HAS VOICED HIS INTENTION TO FORWARD THE UNITED NATIONS CONVENANT TO THE SENATE FOR RATIFICATION AND HAS SIGNED THE AMERICAN CONVENTION, ALTHOUGH NEITHER HAS BEEN TRANSMITTED TO THE SENATE FOR ADVICE AND CONSENT. WHILE THE STATE DEPARTMENT HAS UNDERTAKEN A REVIEW OF NATIONAL AND LOCAL CRIMINAL JUSTICE PROCEDURES WITH REGARD TO THESE PENDING AGREEMENTS, THE JUDICIAL SYSTEM OPERATIVE UNDER THE UNIFORM CODE OF MILITARY JUSTICE HAS BEEN OVERLOOKED. THIS PAPER EXAMINES THE UNITED NATIONS COVENANT AND THE AMERICAN CONVENTION TO DETERMINE WHAT IMPACT THE RATIFICATION OF THESE TWO AGREEMENTS WOULD HAVE ON THE MILITARY JUSTICE SYSTEMS OF THE U.S. ARMED FORCES, AND PARTICULARLY ON JUDICIAL POLICIES AND PROCEDURES OF THE U.S. AIR FORCE. THE EFFECT OF RATIFICATION ON THE EXISTING SANCTION PROCESS IS DISCUSSED, COURT MARTIAL PROCEDURES ARE SURVEYED, AND THE EFFECT OF SELECTED ARTICLES OF EACH AGREEMENT ARE OUTLINED. THE EFFECT ON AIR FORCE CONFINEMENT PROCEDURES IS ALSO EXAMINED. MUCH ATTENTION IS GIVEN TO THE EFFECT RATIFICATION WOULD HAVE ON THE EXISTING NONCRIMINAL SANCTIONING PROCESS: THE AIR FORCE SYSTEM OF NONJUDICIAL PUNISHMENT IS SURVEYED AND CONTRASTED WITH SIMILAR PROGRAMS USED BY THE ARMED FORCES OF THE NETHERLANDS, AND SELECTED ARTICLES OF EACH ACCORD ARE EVALUATED. DISHARMONY BETWEEN THE EXISTING CRIMINAL AND NONCRIMINAL SANCTIONING PROCESSES ON THE ONE HAND, AS WELL AS THE MILITARY CONFINEMENT PROCEDURES, AND THE PROPOSED ACCORDS ON THE OTHER, IS OUTLINED. SUGGESTIONS ARE PRESENTED FOR EXECUTIVE AND LEGISLATIVE ACTION TO ELIMINATE SUCH DISHARMONY. APPENDIXES CONTAINING REPRODUCTIONS OF THE TEXTS OF THE UNITED NATIONS COVENANT, THE AMERICAN CONVENTION, AND THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ARE PROVIDED. (KBL)