Recent Attacks on Military Law
New Questioning of Fairness in Military Courts
The fairness of military justice is being challenged more persistently today than at any time since the end of World War II. Stimulated by the grievances of draftees fighting an unpopular war, Americans are asking questions that go to the heart of a paradox: How much freedom must a soldier give up when he puts on a uniform in the name of defending freedom? Military courts, in particular, are objects of controversy. Do they protect or abrogate the citizen soldier's constitutional rights'? Are they dedicated to the pursuit of justice? Or are they a means of enforcing military discipline? On one hand, knowledgeable critics assert that U.S. military tribunals are draconian and that their ...