The Progress of Jurisdiction of British Military Law in the late 1990s and the future development

为了确认这个项目的目的，长期存在的英国军事法庭已经被欧洲人权法院对芬德案（1997）等的判决所动摇。为适应审判的需要，对包括军事法庭在内的整个军事司法体系进行了改革。在2002年的Spear案和2003年的Cooper案中，欧洲人权法院的判决都承认了这一改革。因此，司法鉴定得到了确认，《2006年武装部队法》的颁布是结束。本课题的主要目的是从管辖权和“民法理论”的角度，提取改革中建立的军事司法制度的精华。但目的还没有达到一半。主要原因是军事司法系统的动摇——2004年末发生的另一件事。在这些案件中，伊拉克人受到占领伊拉克的英国武装部队成员英国士兵的虐待。在和平时期，经过改革的军事法庭顺利地发挥了作用，但在占领英国政府没有做好充分准备的伊拉克，英国武装部队无法应对混乱，武装部队本身陷入混乱，纪律无法维持。要收集证据或证人来起诉罪犯是非常困难的。因此，在刑事法庭和军事法庭，几乎被告被宣告无罪，对这些虐待案件的调查仍在继续。在这个项目中，我一直在收集这些案例的信息。这些分析和检查可以在下一个项目中进行。

To confirm the purpose of this project, the long-standing British Court Martial has been shaken by the judgment of the Court of European Human Rights in the Findly case (1997) etc. To cope with the judgments reforms of the whole military justice system included Court Martial were made. The judgment of House of Lards in the Spear case (2002) and the judgment of the Court of European Human Rights in the Cooper case (2003) acknowledged the reformation. Thus the judicial appreciation was confirmed and the enactment of Armed Forces Act 2006 was the closing. The main purpose of this project was to extract the essence of the military justice system which was built in the reformation from the point of Jurisdiction and "the theory of civil law".But the half of the purpose is not achieved. The main reason is the shaking of the military justice sys-tem by another things which were happened in the late 2004. They were cases in which Iraqis were ill-treated by British soldiers who were members of British Armed Forces which occupied Iraq. At peace time the reformed Court Martials perform their role smoothly, but in Iraq for which occupation British Government did not make enough preparation British Armed Forces could not cope with the chaos and Armed Forces themselves were thrown into confusion and the discipline was not able to be maintained. It was very difficult to collect evidences or witnesses for proceeding to punish the criminals. Therefore at criminal courts and Court Martial almost defendants were ac-quitted and the inquiries of those abuse cases are continuing.During this project, I have been collecting information of these cases. The analysis and examination of those may be done at the next project.