GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2023

Status

Accepted

Abstract

For the past decade there have been numerous and significant changes to the Uniform Code of Military Justice (UCMJ), the statutory basis for the military justice system. Although the Military Justice Act of 2016 made major changes to the UCMJ, the calls for change continued. One of the most-often heard calls for reform over the last decade has suggested removing commanders from the military justice system. In the 2022 National Defense Authorization Act, Congress amended the UCMJ to dramatically reduce the commander’s role in what Congress specified as “covered offenses" such as sexual assault and provided that those listed offenses would be prosecuted by the Office of Special Trial Counsel. In the 2023 National Defense Authorization Act, Congress further amended the UCMJ to address, inter alia, the issue of random selection of court-martial members. The authors provide a comprehensive analysis of the changes made in those two important pieces of legislation.

GW Paper Series

2024-43

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