What is a field court martial?

By Gawaya TegulleThe death by firing squad of two UPDF soldiers has opened debate, not only on the wisdom and fairness of the Field Court Martial as a forum of dispensing justice in the army, but more importantly, its constitutionality.On March 25, Private Abdullah Mohammed and Corporal James Omedio were executed publicly in Kotido after a Field Court Martial found them guilty of murdering an Irish priest, Father Declan O’Toole, his cook and driver.The investigation, trial and execution took place within less than 72 hours after the crime, a haste which was widely questioned by the Ugandan public and passionately condemned by various sections of the Irish civil society and the international community.Controversy was heightened by the bizarre pronouncement that the accused would be executed - even before court had began hearing the case.Defence minister Amama Mbabazi defended the UPDF move as perfectly constitutional and well within the legal parameters of Ugandan military law.The law governing the Court Martial is the National Resistance Army (NRA) Statute 1992. This law provides for the existence of military law, stipulates who is subject to it and the hierarchy of the military court system, as well as the parameters within which each court may operate.This Statute establishes five kinds of Court Martial –– the Unit Disciplinary Committee (UDC), Field Court Martial, Division Court Martial (DCM)and General Court Martial (GCM). The fifth is the Court Martial Appeal Court that dispenses appellate jurisdiction only, arising from the decision of the General Court Martial.Under section 76, the UDC is the lowest and is chaired by a Captain or above. Its jurisdiction is limited to cases other than those involving murder, manslaughter, robbery, rape, treason, terrorism and disobedience of lawful orders resulting in loss of life.A case beyond UDC jurisdiction is referred to the DCM which is headed by a Major or a higher-ranking officer and has unlimited jurisdiction –– it may try any offence under the NRA Statute.The GCM has both original and appellate jurisdiction over all persons and offences in the army and may sit anywhere in Uganda. The Field Court Martial is a special military court designed to dispense summary justice in war situations. It is different from the General Court Martial and the Division Court Martial in that it serves in situations considered impracticable for these two types of court martial to apply.A war front is one of those out-of-the-normal situations where it is simply impracticable for the army to take weeks and months conducting investigations and sitting in court sessions for long periods of time.The idea is that a quick investigation must be conducted, a quick (and presumably thorough) trial held, the verdict pronounced and justice duly dispensed.Much of the time the public romanticises military service as honourable without exception — highlighted by famous battles, displays of courage under fire and medals earned. But military researchers say this is not always the case. Many soldiers’ military service is not always courageous and honourable. Much of what actually happens is what soldiers would not brag about to their families. Army life is hard, and desertion, insubordination, cowardice under fire, theft, murder, and rape are not uncommon –– like any other humans under pressure, soldiers can make mistakes.Section 92 of the Statute stipulates the following penalties: death being the highest, followed in descending order by imprisonment for two or more years (including life sentence), dismissal with disgrace from the army, imprisonment for not more than two years and dismissal from the army.Next is detention, reduction in rank, communal labour, forfeiture of seniority, suspension, severe reprimand, reprimand, caution, fine, stoppages and such other minor punishments as may be prescribed.Under section 91 of the Statute the President, who is also the Commander-in-chief of the army, may exercise his prerogative of mercy over all decisions of all court martials –– with the exception of the Field Court Martial.Article 121 of the Constitution that bestows the prerogative of mercy on the President stipulates in agraph (6) that he What soldiers sayLast week, two junior soldiers of the UPDF were executed by firing squad after being tried and found guilty of killing Fr. Declan O’Toole. The two were tried under the field court martial. The New Vision’s Joshua Kato talked to several junior soldiers on their perception of the field court martial and whether they offer justice. All the interviewees preferred to remain anonymous. Below are their views:The court is set up to control soldiers. We are a sensitive part of society. We carry guns, we are trained to kill, we need laws to control us. My main worry is that the court martial might be used by a unit commanding officer to settle personal feuds with junior officers. The field courts are good. They deter us from committing acts that can compromise our stand in the field, says a lieutenant at Bombo. Killing civilians in an operation area, or stealing, or even insurbodination can compromise a whole operation. This is why we need these courts. My problem is that these courts were set up for all of us, not for a few of us in the army, But more often, these courts discriminate in their mode of operation.Many officers with cases that should be taken before a unit or even general court martial are not taken, while those with minor cases are taken there. This is my problem with our laws. But all other armies in the world have got similar courts.The court martials are our laws, just as other fields and professionals have their laws. When you join teaching, you have to move according to the teaching service code. Likewise, when you join the army, you have to move in line with the army code of conduct, with the inevitability of facing the court martial.These laws make us look like non-humans, which is not the case. I am not saying that we should not have army courts, but I sometimes don’t like the way we are handled.Soldiers might be sentenced to death and executed because of the limited time for the trial and the fact that the field court martial does not allow for an appeal. We joined the UPDF well aware of these laws. Sometimes we fell victim of them and earn ourselves punishments, but that is how it should be.Of all 15 soldiers The New Vision talked to, only one said that these courts are bad. However, all of them were worried that the court martials might be misused by senior officers to settle personal grudges with their juniors. This is what the army command should check.ends