Civilians cannot judge the military; Ukraine needs military justice.

Why can’t civilian courts judge the military?

The main question raised by Svyatoslav Palamar is why civilian courts do not have the authority to consider cases of military personnel. This issue is particularly relevant, especially in wartime conditions.

In combat conditions, civilian courts are not competent in military matters. This is because the situations in which military personnel operate are significantly different from civilian life. Even the most authoritative textbooks cannot give a lawyer an adequate understanding of the realities faced by soldiers. In this situation, there are many nuances that can only be understood by those who have gone through military trials.

Service in the army implies following orders and readiness for self-sacrifice for the sake of protecting the country. However, unlike peacetime, military personnel often have to act in conditions where the law does not provide certain rights. According to the Constitution, the task of the army is to defend the country, and it is important to follow orders without the possibility of discussing them. This creates a huge psychological burden, as any wrong step can lead to severe punishment.

Nevertheless, military justice aims for objectivity and the protection of each soldier’s interests, which becomes especially relevant in wartime conditions. An objective assessment of the situation is crucial, as the reputation and dignity of military personnel depend on court decisions.

For many military personnel, the existence of a real protection system can be a way to avoid unfair decisions and the adoption of generally accepted norms that are not always well adapted to wartime conditions.

In Israel, for example, there is a principle by which the state takes on the obligation to ensure justice for everyone who serves in the army. This applies to both military personnel and their families, up to the moment when the soldier is discharged.

• In Israel, there are also military lawyers — professionals with military ranks.

• Prosecutors are also military personnel and participate in ensuring the state’s security if necessary.

• Military judges in Israel have military ranks and experience, allowing them to better understand the circumstances of the case.

The military justice system in Israel has proven itself because soldiers trust this system. This trust possibly explains the absence of a certain category of criminal liability.

Analyzing the Israeli model, one can conclude the necessity of implementing a similar system in Ukraine. I will consider the details further.

What are the mechanisms of military justice in Israel?

The military law enforcement bodies of Israel include three key components:

• The Military Advocate General’s Corps (MAG),

• The Military Police Criminal Investigation Division (MPCID),

• Military courts.

The Military Advocate General’s Corps is responsible for law and order in the army, including the prosecution of military personnel and providing legal advice to the command.

The head of MAG is appointed by the Minister of Defense and is subject only to the laws, ensuring the independence of military lawyers from the command. All military prosecutors work within MAG and are not subordinate to line commanders.

Since 2007, MAG has clearly delineated the duties of counseling and prosecution, allowing for the avoidance of potential conflicts of interest.

MAG also includes a military defense unit — these are lawyers who provide legal assistance to military personnel for free. They are independent of the prosecution and care solely about protecting the interests of their clients.

Criminal investigations within the army are conducted by MPCID, which collects evidence and monitors law and order in the Israeli army. Its status is comparable to MAG, and investigators have full independence.

MPCID also includes a specialized unit for investigating offenses, where investigators receive additional training to work with the special nuances that arise during combat operations.

In Israel, there are permanent military courts that consider criminal cases against military personnel — from regional courts to the Military Appeals Court. The system has its own president, who holds a high position.

The composition of the courts is mixed. The composition may include both professional judges and officers from combat units, but the latter cannot be appointed from the same formation as the defendant.

The law requires that each court composition must include at least one professional judge, and in appeals, they must predominate.

Military judges are appointed by an independent commission and, according to the law, are completely independent in their work. They are subject only to the laws and cannot be controlled by their commanders.

Thus, there are no civilian courts for the military, and the protection system for them is based on principles of justice and dedication to the interests of the servicemen. This strategic decision allows soldiers not to worry about the costs of lawyers.

Such an approach is extremely important for Ukraine as well. Just one wrong decision can lead to consequences for thousands of military personnel. Judges and prosecutors must be competent to understand the specifics of the combat situation.

The need to organize a military justice system in Ukraine is becoming increasingly urgent. Its creation cannot be delayed, and it should be done now to avoid problems in the future. Such an approach will contribute to strengthening the army’s trust in the state and the effectiveness of its actions.

Read more at – NANews Israel News