User:Nael Australia

This is a translation of [1] by a Western Sydney University student.

من قبل طالب بجامعة ويسترن سيدني [ https://ar.wikipedia.org/wiki/%D9%85%D8%AD%D9%83%D9%85%D8%A9_%D8%B9%D8%B3%D9%83%D8%B1%D9%8A%D8%A9 ] هذه ترجمة لـ

Military court

Military courts are courts composed of military judges and determine penalties for military personnel. It is not the duty of military courts to try civilians, In the case of civilians subject to military justice, this is called customary rule and considered permissible in the case of military occupation, where military courts are responsible for the civilian population in the occupied territories.

Military Courts for Civilians in Israel

Israel has traditionally brought Palestinian civilians to military courts under the British Emergency Mandate Act, enacted in 1945. The Palestinians are brought before these courts on charges of committing hostilities against Israel, and the military prosecution brings cases to these courts. According to the above-mentioned law, the court has the power to arrest, release on bail and impose life imprisonment and death sentences. The accused is also entitled to appoint a civil lawyer to defend him before these courts, and the decisions of the military courts shall be taken by the judges of the court. The Israeli Military Justice Law was established in 1955. There are several types of Israeli military courts operating under this law: District Courts, Maritime Courts, Special Courts, Field Courts and Traffic Law Courts. The military courts that are classified as a first-class "primary" court, consisting of three judges, while the appeals courts are consist of five judges. Unlike civilian courts, the length of service of military judges is time-bound rather than a lifetime.

Military courts for civilians in Egypt

The military courts were used in modern times for the first time in Egypt in 1954 to try civilians in a case in which members of the Muslim Brotherhood organization were accused. They were accused for attempting to assassinate Gamal Abdel Nasir the President of Egypt. Since then, many Egyptians have been subjected to military trials in separate periods under the jurisdiction of Gamal Abdel Nasser, Anwar Sadat and Hosni Mubarak. But in 1965, hundreds were tried before the military courts in the first 18 months of the 25 January revolution. The Supreme Council of Armed Forces was handed over the country to 879 thousand civilians. According to the announcement of the representative of The Supreme Council of the Armed Forces General Adel Morsi and Human Rights Watch, only 795 were acquitted by the military judiciary, with a conviction rate of 93%. Groups such as "No for Military Trials of Civilians" and the court case of political activist Alaa Abdel Fattah and others highlighted the issue at a popular and media level. In his campaign, Muslim Brotherhood presidential candidate Mohamed Morsi spoke of the cancellation of military trials of civilians and the release or retrial of convicts before their natural judge. But at the time of Mohamed Morsi's presidency, he was criticized for not changing policies associated with military trials. The new Egyptian constitution (Egypt's constitution 2012) included an article for clause 198, where critics of the constitution referred to this article and said it made the military trials constitutional.

References

- Israel Directory 2011 Legal System pp. 166-167 - Institute for Palestine Studies

- Ahram Gate - Egypt’s Long history of military trials Copyright 26 December 2014 at the Wayback Machine

- Deeper militarism in Egypt, by Joshua Stacher