Escolar Documentos
Profissional Documentos
Cultura Documentos
1
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
The Military Justice System
in Malawi
• Epilogue
•The Malawi Defence Force (MDF)
• Types of Courts in Malawi
• Sources of Law
• Defence Force Act
• Military crimes vs. Civil offences
• Jurisdiction questions
• Key
• Prologue
2
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
Malawi Defence Force
4
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
Sources of Law in Malawi
5
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
Defence Force Act
• Provides for administrative, disciplinary,
training matters, etc; i.e., military justice
• Provides for persons subject to military law
•Outlines military offences and punishment
• Extra-territorial application
• Establishes the Directorate of Legal Services,
MP etc
• SJR, Rules of Procedure, Ct Martial Rules etc
6
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
Military crimes v. Civil
Offences
• Military offences are outlined in the DFA,
e.g., AWOL, desertion etc
• Civil offence: (peace time) offence against
civilian or civilian property
•Treason, murder and rape in civil courts
•Conviction by civil courts, no fine-dismissal
• 48hr rule; 8 day report to DPP for detainees
7
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
Jurisdiction Questions
• Military or Civil?
•Place of crime; Witnesses; ask AG
•MP responsible for military discipline
• Summary jurisdiction, cf.
• rank and punishment,
•accused may opt court martial
• Court Martial,
• ad hoc; LtCol below;
•convened by ASA; Col above- High Court
8
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
Key
• Directorate of Legal Services (DOLS)
•disseminate IHL ; teach administrative law and human
rights; criminal procedure (training manual)
•Enhance discipline; avoid abuse of discretion
•Acquaint w/ principles of natural justice; double
jeopardy, etc
• respect the constitution and the rule of law
• Training of trainers, paralegals, etc.
• Transparency and accountability
•Right to appeal, Defence Council, High Court, SCA
•Ombudsman, Human Rights Commission
9 etc
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
Epilogue
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FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE