Court-martial
A military court for trying armed forces members and war crimes.
A court-martial is a military court or a trial conducted in such a court, empowered to determine the guilt of members of the armed forces subject to military law and, if found guilty, to decide upon punishment. Courts-martial may also be used to try prisoners of war for war crimes, and can involve civilian defendants in cases such as violations of martial law.
- type
- Military judicial body
- jurisdiction
- Armed forces and, in some cases, civilians
- composition
- Presiding judge, prosecutor, defense attorney (all trained lawyers and officers)
- notable feature
- Hyphenation differs between US and British usage
- scope
- Tries military offences including cowardice, desertion, insubordination, and civilian-like crimes
Lore & Background
Courts-martial are convened for a variety of purposes, including dealing with violations of martial law and, in most navies, whenever a ship is lost to make the circumstances part of the official record. The precise format varies by country and severity of accusation, but typically involves a presiding judge, prosecutor, and defense attorney, all trained lawyers and officers. Most military forces maintain a judicial system for breaches of military discipline, though some countries like France use civilian courts in peacetime.
Reader's Guide
Courts-martial serve as the primary judicial mechanism for enforcing military law, addressing both purely military crimes—such as cowardice, desertion, and insubordination—and civilian-like offenses like fraud, theft, or perjury. Their significance lies in maintaining discipline within armed forces while also providing a legal framework for trying prisoners of war for war crimes, as required by the Geneva Conventions. The structure and procedures of courts-martial vary widely across nations, from Canada's two-tier system with independent military judges to Finland's use of civilian courts with military members in peacetime and war-time courts-martial by government decree.
Did You Know?
- The Geneva Conventions require that POWs on trial for war crimes be subject to the same procedures as the holding military's own forces.
- Most navies convene a standard court-martial whenever a ship is lost, not to presume wrongdoing but to record the circumstances.
- In British usage, a hyphen distinguishes the noun 'court martial' from the verb 'to court-martial'.
Frequently Asked Questions
What is a Court-martial?
A Court-martial is a military judicial body that hears cases involving members of the armed forces and, in certain circumstances, civilian defendants. It determines guilt under military law and assigns punishment when a conviction is reached.
Who can be tried before a Court-martial?
Its primary jurisdiction covers armed forces personnel, but it may also sit in cases involving prisoners of war accused of war crimes or civilians charged with violations of martial law.
What kinds of offenses does a Court-martial handle?
It tries a range of military offences such as cowardice, desertion, and insubordination, as well as crimes that would be prosecuted in civilian courts.
Who makes up a Court-martial panel?
The proceedings involve a presiding judge, a prosecutor, and a defense attorney, all of whom are trained lawyers and military officers.
How does the spelling of 'Court-martial' differ between the US and the UK?
American usage typically hyphenates the term, while British convention often writes it as a single unhyphenated word, though both refer to the same type of military tribunal.
More in Legal Systems & Courts 1-24
Elsewhere in the Legal Systems & Courts universe
Spotted an error? Know more?
This is a living reference — every entry is fact-audited, and reader corrections feed straight into our audit queue. Suggest an edit · See this site's audit record