Reading List for

                     Effective Military Justice Systems and War Crimes Trials

                        A Practical View from a Former U.S. Military Judges


                                           November 2009


This one week intensive course will focus on effective military justice systems, how they operate,
and how they work to impact ways in which the military behave in conflicts.  The course will take a
close look at the judgement in the International Criminal Tribunal for the Former Yugoslavia case
of Prosecutor v. Milutinovic, et al.  (Trial Court Judgement) and discuss the impact that the
military justice system had in that judgement.  The course will include issues related to the Use
of Force, International Humanitarian Law, Rules of Engagements, safeguards to ensure independence
of the military judge, and consequences when the military justice system does not adequately
address allegations of misconduct by members of the military.


Reading List:


Prosecutor v. Milutinović, et al., Case No. IT-05-87, Extracts:


http://www.icty.org/x/cases/milutinovic/tjug/en/090226summary.pdf

Volume 3 of the Judgement on Individual Responsibility:

http://www.icty.org/x/cases/milutinovic/tjug/en/jud090226-e3of4.pdf


U.S. Department of Defense Directive Number 2311.01E, May 9, 2006

Subject: DoD Law of War Program

http://www.dtic.mil/whs/directives/corres/pdf/231101p.pdf


2008 U.S. Manual for Courts-Martial (we will not have time to review all of this, but a general
review would be useful for students)


http://www.au.af.mil/au/awc/awcgate/law/mcm.pdf


2004 Military Extraterritorial Jurisdiction Act:


http://uscode.house.gov/download/pls/18C212.txt


Indictment in United States v. Steven Dale Green (will be provided in class in hard copy).