September 24 – 25, 2013

Agenda

 

 Agenda

Federal Register Notice

 

 Notice (pdf)

Transcript

 

 

Minutes

 

Day 1 - September 24, 2013 (Transcript)

Day 2 - September 25, 2013 (Transcript)

 September 24, 2013 (Minutes)

 September 25, 2013 (Minutes)

Academic Discussion - The Role of the Commander in the Military Justice Process

 CV

Professor Christopher Behan, Southern Illinois University School of Law 

 Statement

 CV

Professor Geoffrey Corn, South Texas College of Law  

 Statement

CV

Professor Rachel VanLandingham, Stetson University College of Law

Statement

 CV

Professor Amos Guiora, University of Utah College of Law

 Article

 CV

Dean Victor Hansen, New England School of Law

 Statement

 CV

Professor Eugene Fidell, Yale Law Scool (By Phone) 

 Statement

 CV

Professor Michel Drapeau, University of Ottawa

 Statement

 CV

Lord Martin Thomas of Gresford QC  

 Statement

Allied Forces Military Justice Systems

Canada

Major General Blaise Cathcart, Judge Advocate General of the Canadian Armed Forces 

 Biography

Major General Steve Noonan, Deputy Commander, Canadian Joint Operations Command 

 Biography

Australia

Air Commodore Paul Cronan, Director General, Australian Defence Force Legal Service 

 Biography

United Kingdom

Commodore Andrei Spence, Commodore Naval Legal Services, Royal Navy, United Kingdom 

 Biography

Brigadier (Ret.) Anthony Paphiti, former Brigadier Prosecutions, Army Prosecuting Authority, British Army 

 Biography

Discussion with Senator Kirsten E. Gillibrand (New York)

Letter to Chairwoman Jones
Victims' Stories

Discussion with Senator Claire McCaskill (Missouri)

Commander and Staff Judge Advocate Perspectives

Lieutenant General Michael Linnington, U.S. Army  

 Biography

Colonel Corey Bradley, U.S. Army  

 Biography

Rear Admiral Dixon Smith, U.S. Navy  

 Biography

Captain David Harrison, U.S. Navy  

 Biography

Commander Frank Hutchison, U.S. Navy  

 Biography

General Edward Rice, U.S. Air Force   

 Biography

Colonel Polly S. Kenny, U.S. Air Force   

 Biography

Major General Steven Busby, U.S. Marine Corps  

 Biography

Lieutenant Colonel Kevin Harris, U.S. Marine Corps  

 Biography

Rear Admiral Thomas Ostebo, U.S. Coast Guard   

 Biography

Commander William Dwyer, U.S. Coast Guard  

 Biography

Senior Judge Advocate Perspectives

 Biography

Brigadier General Richard C. Gross, Legal Counsel, Chairman of the Joint Chiefs of Staff  

 Statement

 Letter to Honorable Barbara Jones

 Biography

Lieutenant General Flora D. Darpino, The Judge Advocate General,   U.S. Army  

 Statement

 Biography

Vice Admiral Nanette M. DeRenzi, Judge Advocate General, U.S. Navy  

 Statement

 Biography

Lieutenant General Richard C. Harding, The Judge Advocate General, U.S. Air Force

 Statement 

 Biography

Major General Vaughn A. Ary, Staff Judge Advocate to the Commandant of the Marine Corps  

 Statement 

 Biography

Rear Admiral Frederick J. Kenney, Judge Advocate General and Chief Counsel, U.S. Coast Guard  

 Statement 

Materials Provided to the Panel

Policy, Public Statements and Proposed Legislation

Department of Defense Correspondence and Policy

Memorandum from the Secretary of Defense, dated 6 May 2013, Sexual Assault Prevention and Response

Memorandum from the Secretary of Defense, dated 6 August 2013, Integrity of the Military Justice Process

Memorandum from the Secretary of Defense, dated 14 August 2013, Sexual Assault prevention and Response

Memorandum from Brigadier General Richard C. Gross, Legal Counsel to the Chairman of the Joint Chiefs of Staff, Addressed to Senator Carl Levin, dated 19 July 2013

 Statements before the United States Commission on Civil Rights, 11 January 2013

Vice Admiral Nanette M. DeRenzi, Judge Advocate General of the Navy

Major General Vaughn Ary, Staff Judge Advocate to the Commandant of the Marine Corps

Lieutenant General Richard C. Harding, The Judge Advocate General, United States Air Force

Lieutenant General Dana K. Chipman, The Judge Advocate General, United States Army

Nancy Parrish, Protect Our Defenders

Statement from Rachel Natelson, Service Women’s Action Network

Statements before the Senate Committee on Armed Services, Subcommittee on Military Personnel on Sexual Assault in the Military, 13 March 2013

Vice Admiral Nanette M. DeRenzi, Judge Advocate General of the Navy

Rear Admiral Frederick J. Kenney, Judge Advocate General, United States Coast Guard 

Major General Vaughn Ary, Staff Judge Advocate to the Commandant of the Marine Corps

Lieutenant General Richard C. Harding, The Judge Advocate General, United States Air Force 

Lieutenant General Dana K. Chipman, The Judge Advocate General, United States Army

Anu Bhagwati, Service Women’s Action Network

Statements on Sexual Assault in the United States Military before the Senate Armed Services Committee, 4 June 2013

General Martin E. Dempsey, USA, Chairman Joint Chiefs of Staff

 Admiral Jonathan Greenert, United States Navy, Chief of Naval Operations and Vice Admiral Nanette M. DeRenzi, Judge Advocate General of the Navy

Admiral Robert J. Papp, Commandant, United States Coast Guard

General Mark A. Welsh III, Chief of Staff, United States Air Force

General James F. Amos, Commandant of the Marine Corps

General Raymond T. Odierno, Chief of Staff, United States Army

Nancy Parrish, Protect Our Defenders

Anu Bhagwati, Service Women’s Action Network

Major General (Ret.) Altenburg, Responses to Senator Carl Levin’s Questions for the Record

Legislative Proposals

Senator McCaskill Bill: “Better Enforcement for Sexual Assault Free Environment Act of 2013”

Senator Gillibrand Amendment:  To Further Improve Procedures Relating To The Courts-Martial Under The Uniform Code Of Military Justice

House Fiscal Year 2013 National Defense Authorization Act

Senate Fiscal Year 2013 National Defense Authorization Act

Academic Panel Materials

Professor Chris Behan, Southern Illinois University School of Law

Don't Tug on Superman's Cape: In Defense of Convening Authority Selection and Appointment of Court-Martial Panel Members, 176 MIL. L. REV. 190 (2003)

 Professor Geoffrey Corn, South Texas College of Law

Unarmed but How Dangerous?  Civilian Augmentees, the Law of Armed Conflict, and the Search for a More Effective Test for Permissible Battlefield Functions, 2 J. NAT'L SEC. L. & POL'Y 257 (2008)

Professor Michel Drapeau, University of Ottawa

Can a leopard change its spots?  The National Defence Act and the CAF's resistance to change, Esprit de Corps (Vol 20, Issue 6)

Canada's military justice system lagging behind that of others, Esprit de Corps (Vol 20, Issue 3)

Canada's military justice system, further and further behind international norms, Esprit de Corps (Vol 18, Issue 10)

Time to rebrand JAG as CF legal adviser, The Hill Times (4 Mar 13)

Falling out of step? Canada's military justice system has opportunity to strengthen bond between Canada and England, The Hill Times (19 Sep 11)

Canadian Military Law Sentencing under the National Defence Act: Perspectives and Musings of a Former Soldier, CANADIAN BAR REV. (2003)

 Professor Eugene Fidell, Yale Law School

2013 Defense Legal Policy Board Separate Statement

10 Apr 13 Letter to the House Armed Services Committee

17 Mar 13 Letter to the House Armed Services Committee

International Developments in Military Law, 17 CAN. CRIM. L. REV. 83 (2013)

The Gunner's Case, Mil. L. & L. of War Rev. (2012)

Recent Revisions of Military Justice Systems (2011)

Op-Ed to the Baltimore Sun:  The Naval Academy Sex Assault Hearing Should Be the Last of Its Kind

 Professor Victor Hansen, New England School of Law

Changes in Modern Military Codes and the Role of the Military Commander: What Should the United States Learn from this Revolution?, 16 TUL. J. INT'L COMP. L. 419 (2009)

The Impact of Military Justice Reforms on the Law of Armed Conflict: How to Avoid Unintended Consequences, draft book chapter (Publication forthcoming)

 Professor Rachel Vanlandingham, Stetson University College of Law

Acoustic Separation in Military Justice: Filling the Decision Rule Vacuum Ethical Standards, OHIO ST. J. OF CRIM. L. (Forthcoming Winter 2013)

 Lord Martin Thomas of Gresford QC

Submission to the Panel

 Professor Amos N. Guiora, Co-Director, Global Justice Center

Statement to Armed Services Committee

Additional Academic Materials

Joint Statement of Prof Corn and Prof VanLandingham to the Panel: Two For One: The Ethical Pursuit of Justice in the Military, And Battlefield Success, Through Joint Prosecutorial Decisions

Note, Prosecutorial Power and the Legitimacy of the Military Justice System, 123 HARV. L. REV. 937 (2010)

Law Professors' Statement on Reform of Military Justice (7 Jun 13)

Findlay v. United Kingdom, 24 E.H.R.R. 221 (1997)

R. v. Genereux, 1992 CARSWELLNAT 668, (1992)

Weiss v. United States, 510 U.S. 163 (1994)

Public Comments

Statement from Protect our Defenders with 5 Attachments 

Allied Forces Military Justice Systems

Australian Military Justice System Materials

Canada Military Justice System Materials

United Kingdom Military Justice System Materials

Air Commodore Cronan Presentation to the Response Systems Panel

Annual Report of the Judge Advocate General to the Minister of National Defence on the Administration of Military Justice in the Canadian Forces, 1 Apr 09 – 31 Mar 10

 

Open Society Justice Initiative: Comparative Analysis of Preliminary Investigations Systems in Respect of Alleged Violations of International Human Rights and/or Humanitarian Law

 Overview of the Australian Military Discipline System

 

Annual Report of the Judge Advocate General to the Minister of National Defence on the Administration of Military Justice in the Canadian Forces, 1 Apr 08 – 31 Mar 09

 

UK Military Prosecutions for Sexual Offenses

 Australian Defence Force Position Background Papers

 

Annual Report of the Judge Advocate General to the Minister of National Defence on the Administration of Military Justice in the Canadian Forces, 1 Apr 07 – 31 Mar 08

 

Joint Service Publication 830, Manual of Service Law, Vol 1, Vers. 2.0

 System Transition Charts

 

Report of the Special Advisory Group on Military Justice and Military Police Investigation Services (Dickson Report), 1997

 

Joint Service Publication 830, Manual of Service Law, Vol 2, Vers. 2.0

 Director of Military Prosecution Directive; 02/2009-Prosecution and Disclosure Policy

 

Bill C-25, An Act to Amend the National Defence Act and to Make Consequential Amendments to other Acts, June 11, 1998

 

Joint Service Publication 830, Manual of Service Law, Vol 3 Legal Compendium

 Memorandum of Understanding between the Australian Directors of Public Prosecutions and Director of Military Prosecutions

 

The First Independent Review by the Right Honourable Antonio Lamer P.C., C.C., C.D. of the provisions and operation of Bill C-25, An Act to amend the National Defence Act and to make consequential amendments to other Acts, as required under section 96 of Statutes of Canada 1998, c.35, September 3, 2003

 

An Historical Summary of Development of Discipline in the Armed Forces

 SeMPRO Brochure and Materials

 

Report of the Second Independent Review Authority to The Honourable Peter G. MacKay, Minister of National Defense (LeSage Report), 2011

 

Naval Service Annexes on Mediation Policy for Resolution of Workplace Based Disputes and Appropriate Bullying and Harassment Complaints

 The Role and Functions of Convening Authorities (1985-2006)

Colonel Michael Gibson, Canada has one of best military justice systems in the world, The Hill Times (31 Oct 11)

 

Naval Service Guide to Mediation Flyer

 DFDA Jurisdiction and Offences

Colonel Michael Gibson, JAG leads proactive military justice oversight, responsible development and positive change, The Hill Times (18 Mar 13)

 

 Statistics on Reporting, Investigating and Trials of Sexual Offences in the Australian Defence Force

 Colonel Michael Gibson, Canada’s Military Justice System, CANADIAN MIL. J. (Vol. 12, No. 2)

 

 Australian Defence Force Policy for Support for Victims of Sexual Offences

Michael R. Gibson, International Human Rights Law and the Administration of Justice through Military Tribunals: Preserving Utility while Precluding Impunity, 4 J. INTL. L. INTL. REL. 1

 

 

Director of Military Prosecutions Policy Directive #004/00, Sexual Offenses (1 Mar 00)

 

 

Director of Military Prosecutions Policy Directive # 003/00, Post-Charge Review (18 Mar 09)

 

 

DAOD 5019-5, Sexual Misconduct and Sexual Disorders (26 Sep 08)

 

 

Sexual Assault Data from Courts-Martial from 2005-2010, Deputy Judge Advocate General Military Justice, Office of the Judge Advocate General

 

Israel Military Justice System Materials

The Law Library of Congress, Report for Congress: Adjudication of Sexual Offenses

Other Materials Received

 Email to RSP Staff Director, Clarifications Regarding Israeli System and Statistics

 

Dean Lisa Schenck, Fact Sheet on Australia Military Justice

 Statistical Tables Relating to Sexual Harassment Incidents within the IDF: 2007-2012

 

Dean Lisa Schenck, Fact Sheet on Canada Military Justice

 The Translation of Article 3 of The Prevention of Sexual Harassment Law 1998

 

Dean Lisa Schenck, Fact Sheet on Israel Military Justice

 

 

Dean Lisa Schenck, Fact Sheet on United Kingdom Military Justice

 

 

Input from Brigadier (Ret.) Anthony Paphiti regarding UK Fact Sheet

 

 

Letter from Bruce Houlder, QC DL, Director of Service Prosecutions regarding UK Fact Sheet

 

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