The marching drums of dishonourable discharge in the military: an international comparative study
auteur | Sonja Els |
tijdschrift | RIDP Libri (ISSN: ) |
jaargang | 2025 |
aflevering | Military Justice: Contemporary, Historical and Comparative Perspectives |
onderdeel | Part 2 - Military justice today |
publicatie datum | 6 januari 2025 |
taal | English |
pagina | 175 |
samenvatting | This article explores the international variations in military justice systems, focusing on dishonourable discharge as a punitive measure in the military environment. Highlighting differences in execution and terminology across jurisdictions like Britain, the United States of America, Canada, and South Africa, the article examines historical roots, contemporary practices, and case studies of individual military perpetrators in these countries. Emphasising the unique nature of military sentences and their interaction with human rights and constitutional requirements, the analysis delves into principles of punishment such as retribution, deterrence, rehabilitation, and restoration. Methodologically, the article employs comparative analysis to evaluate concepts of cruel, inhuman, and degrading punishment, specifically in the context of military cashiering, integrating factors like the seriousness of the offence and the interests of both the accused and the military community. Data collection involves desktop research and document analysis, aiming to identify shortcomings in military sentencing and provide recommendations for future improvements in military justice systems worldwide. Ultimately, the article aims to contribute to the refinement and standardisation of military sentencing practices across different legal contexts. |