French military justice constituted an "exceptional jurisdiction": a legal subsystem designed to serve not justice but discipline, and carefully insulated from external political intervention. Reformers had attempted to ameliorate its harshness. But when the Clemenceau government elected to abort further reforms in 1907-09, it strengthened the case of radicals who insisted that military justice was unreformable by the bourgeois state. Radicals sought not to improve the quality of military justice, but to expose its linkage to the class struggle (i.e., to portray the Army and its courts as devourers of proletarian youth). When Émile Rousset alleged that Albert Aernoult, his fellow prisoner in an Algerian compagnie de discipline, had been beaten to death by guards, he created an opportunity for radicals to advance that agenda. The Aernoult-Rousset Affair (1909-12) did breach the political insularity of French military justice. Yet the Affair's political and juridical outcomes were ambiguous.
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In Historical Reflections/Réflexions Historiques
- Published (Print):
- 01 Jun 2008
- Article Type:
- Research Article
- Pages:
- 4–24 (21 total)
The Complexity of History
Russia and Steven Pinker’s Thesis
Nancy Shields Kollmann
-Century Russia (Ithaca, NY: Cornell University Press, 2013). 19 John LeDonne, “Civilians under Military Justice during the Reign of Nicholas I,” Canadian-American Slavic Studies 7 (1973): 171–187. 20 Pinker, Better Angels , 89, 229.
In Historical Reflections/Réflexions Historiques
- Published (Print):
- 01 Mar 2018
- Article Type:
- Research Article
- Pages:
- 41–53 (13 total)
“Clear and Present Danger”
The Legacy of the 1917 Espionage Act in the United States
Petra DeWitt
. The Supreme Court hedged the issue by refusing to hear cases related to military tribunals during the conflict, but in 1866 decided that as long as civil courts had open dockets, the government could not use the military justice system to try civilians
In Historical Reflections/Réflexions Historiques
- Published (Print):
- 01 Jun 2016
- Article Type:
- Research Article
- Pages:
- 115–133 (19 total)
Corinna Mullin and Ian Patel
, including Ben Ali in absentia. There was shock and consternation in 2011 when civilian investigative judges from Kasserine, Le Kef, and Kairouan courts transferred the cases to the military justice system citing Article 22 of Law 70 (1982) regulating the
In Conflict and Society
- Published (Print):
- 01 Jun 2016
- Article Type:
- Research Article
- Pages:
- 104–124 (21 total)