Derecho militar
Disciplina de las fuerzas armadas, consejos de guerra y justicia militar.
Introducción
El derecho militar regula la disciplina y justicia dentro de las fuerzas armadas del Reino Unido.
In Brief
The Armed Forces Act 2006 creates a single service law system for all three services. Service personnel retain their ECHR rights, are entitled to free legal representation at the Court Martial, and can appeal to the Court Martial Appeal Court. Complaints about service conditions (bullying, discrimination) are made through the service complaints process, with the Service Complaints Ombudsman providing oversight.
Principios fundamentales
Service Discipline — The Armed Forces Act 2006 defines service offences, including both criminal offences under the general law and purely disciplinary offences specific to the armed forces.
Court Martial — The Court Martial tries the most serious service offences. It comprises a judge advocate and a panel of lay members. Appeals go to the Court Martial Appeal Court (CMAC).
Service Complaints — Members can make service complaints about matters such as bullying, discrimination, and terms of service. The Service Complaints Ombudsman oversees the complaints system.
ECHR Applicability — The armed forces are bound by the Human Rights Act 1998. The scope of ECHR obligations in military operations abroad has been the subject of significant litigation.
Leyes clave
Armed Forces Act 2006
Casos principales
Smith v Ministry of Defence
[2013] UKSC 41
Escenarios comunes
Service member facing court martial
The accused has the right to legal representation (funded by the Armed Forces Legal Aid Scheme), the right to a fair trial, and the right of appeal to the Court Martial Appeal Court.
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Frequently Asked Questions
What rights do armed forces personnel have if charged with an offence?
Service personnel charged with service offences have the right to legal representation (funded through the Armed Forces Legal Aid Scheme), the right to a fair trial before the Court Martial (which applies equivalent standards to the Crown Court), the right to appeal to the Court Martial Appeal Court (CMAC), and full protection under the Human Rights Act 1998 including Article 6 (right to a fair trial).
Can serving personnel take their employer to an employment tribunal?
Members of the armed forces cannot generally bring employment tribunal claims because service in the armed forces is not 'employment' for the purposes of the Employment Rights Act 1996. Instead, they use the service complaints process for grievances about terms and conditions, bullying, discrimination, and similar issues. The Service Complaints Ombudsman reviews how complaints are handled.
Do human rights apply to military operations abroad?
The extraterritorial reach of the ECHR has been litigated extensively. In Smith v Ministry of Defence [2013], the Supreme Court held that the HRA could apply to UK armed forces in combat operations abroad. The position is complex — Article 2 (right to life) operational decisions may not be justiciable, but systemic failures in equipment provision may be. The Overseas Operations Act 2021 created a presumption against prosecuting historical offences.
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