June 7, 2013. Professor Drapeau joins thirty-three  Professors of Military Law from the US, South Africa, Israel and Canada calling for significant structural reforms to the military justice system so as to provide military personnel the kind of justice they deserve. In particular, the statement which is reproduced below, notes that “contemporary norms of procedural justice’ requires that(lawyers, not commanding officers, make decisions to prosecute a member of the armed forces for criminal conduct (as opposed to disciplinary offences). As importantly, that “Court-Martial findings and sentences should not be subject to post-trial review, approval or adjustment by commanders.” – as is the currently the case both in the US and Canada. The statement goes on to say that this sort of legal issues should be addressed by military judges and the existing appellate courts not the military chain of command.
The Statement was drafted by Professor Eugene R. Fidell, Yale Law School; and, Professor Stephen A. Saltzburg, George Washington University Law School.