Court-Martial Jurisdiction in Future War

• Author: Major John Jay Doughs
• Pages: 02

Preparation of the Armed Farces for future war has become a subject of intensive study and discussion not only within the De-partment of Defense by military professionals but by other branches of the Government and by private institutions and organizations. The military, long embarrassed by the charge that they always prepare to fight the last war, has made great effort to develop forward looking concepts of strategy and tactics. Mr. Hanson Baldwin in discussing recent Seventh Army maneuveurs in Germany said, "The Army is certainly not preparing to fight World War I1 over again. It can rather, be charged with reaching too far into the future and trying to develop battle tactics that it has neither the equipment nor the experience to implement."'

Hand in hand with the deficiencies of equipment it may also be questioned whether the Army has advanced the administrative techniques of warfare to fit contemplated battle tactics of the future. It is an axiom of the profession of arms that administration and logistics are essential to success in battle. Success in battle demands the solution of the humdrum problems of day to day administration which must be geared to tactical developments. Unfortunately, students af military science do not find the study of administrative improvements as interesting or as intriguing as the more exciting and necessary tactical planninp far the future. The administrative experts more often are totally unaware of tactical developments and their studies are conducted in a tactical vacuum. The improvement8 or suggestions developed by the professional administrators are designed for internal administrative advantages unrelated to military operations. A review of the professional military literature reveals few discourses an specific recommendations far increasing administrative efficiency in future combat. The administrators have become parochial in their viewpoint not understanding the necessity for coordination with tacti-cal thinkers.

*JAGC, Litigation Dlrlslon, OWEe of The Judge Adrocate G~ner8.1. U 8. Army. I"W1nter Shield-I" (E. Baldwln, Sew York Timen, 9 WebrUPrg 1960, p. 10,Vllsecl, Germany. FeblUBrY 8.180 >>SOB 47

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This lack of coordination and adaptation to military requirements runs throughout each of the administrative areas and certainly no less in the administration of military justice in future warfare. The pessimists say that administrative planning for the future is futile for the war will be won or lost before administrative or logistical operations begin. There are those who say that an? statutory code and particularly the present one is so cumbersome that it cannot be revised or administered to fit the exigencies

Of possible future warfare. Such defeatism ill becomes the militar? forces of the United States. All students of the problem would agree that discipline will become an even more important factor in battle success an the nuclear battlefield than it was in the pre-nuclear area. The little red push-button will not replace the ground combat soldier but will emphasize his role? Discipline will become more important as an aid to effective leadership as men are physically separated from one another by vast distances. The day of the "follow me" commander leading troops by virtue of his own personality will be diluted by distance and the requirement to stay under cover. The effect of dynamic personality which lead men into the face of danger must be replaced by an effective disciplinary tool in the hands of the leader. This tad must be effective and efficient and suitable for operation in the nuclear era.

We should take the time now to consider a more efficient administration of military justice. This paper does not propo~e any

magic cure-all for every problem but proposes one change for administrative military justice within the Army to fit what is believed by most experts to be the nature of future combat considering a major nuclear ground war.

Any system of military justice must be capable of maintaining military discipline. Likewise such a system must remain consistent with the American regard for the rights of the individual. It is a contradiction of the very purpose for which we might fight to say that in time of war we can ignore the rights of individuals. Such an outlook makes the reason far the battle futile. It is assumed that any battle in which we might become engaged is designed primarily to sustain our system of government. Bone-theless we must not forget the word8 of General William Sherman who said, "The object of military law is to govern armies composed of strong men, so as to be capable of exercising the largest

'BleG~rl, Lionel C,

Nalor General. U.S. Army. ''Port Learenaorfh Dewlaps the ComDleto Blan", Milltory RIUIIZD. October 1958. Volume XXXVIII, No. 7, P. 8.

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measure of force at the will of the Nation". Within these two requirements, discipline and individual justice, we should then look for more efficient methods of administration. Efficiency includes the maximum utilization of available personnel. Within the field of military justice this means the maximum utilization of personnel while at the same time complying with the requirements of the law. Efficiency is the administration of justice with speed and dirpatch by trials free of error of law or judgment. Efficiency includes the availability of essential witnesses at trial and the presentation of proper documentary evidence. Efficiency vill be found by administering a military justice program which does not interfere with tactical operations but instead contributes to the mission of the Army in the field.

The United States Army has entered a new era-the pentomic era which calls essentially for small, mobile ground farces. Troops will be widely separated, fast-moving, covering miles in the period that our Armies of the past covered yards. It will be an Army designed to move quickly for great distances and remain separated from large logistical concentrations for long periods of time. Units will not be shoulder to shoulder but separated for nuclear safety.. Coordinate with these new concepts of battle is the idea af rear-ward concentration of administration functions. It is no longer conceived that the operating administrative agencies will be scattered throughout the tactical organization but there will be concentration of these operations. Current thinking provides for a pooling of resources at higher levels of functions formerly performed at the lovest echelon. Aircraft, vehicles and special type units are held in pools to be used where required rather than being available only on a decentralized basis. It is within these concepts that we may seek a basis for change or revision in past concepts of the administration of military justice, as well as the other logistical and administrative operations.

In considering any plans for improvement of efficiency in the administration of military justice under future combat conditions, there are a number of assumptions which can be made. Delinquency will continue. This is an unfortunate truth that whereas the Army may enlist the cream of American manhood, it can only refiect a cross section of our community. In a full scale mobilization, the rise in delinquencies and crimes in civil society can be expeeted to be transferred to the military community. The recent decline in disciplinary problems which appear to have resulted from higher enlistment standards could not be expected to continue under the demands for manpower created by a major war.

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It ma? further be assumed that the administration of militar) justice will continue under the present Uniform Code af Military Justice:d There have been and will continue to be numerous recommendations far legialative...