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55-745: Haditha is a city in Iraq. Haditha or al-Haditha may also refer to: Haditha Haditha is officially a political district subordinate to the Al Anbar Province. The Haditha District consists of the Sub-Districts of Haditha [City], the Haqlaniyah Sub-District, and the Barwannah Sub-District. Each district is governed by a Mayor and a Sub-District Council. The twenty member sub-district councils elect one of their own to serve as

110-471: A State of Defense (Verteidigungsfall) or against soldiers abroad or at sea. The existence of military courts, naval courts and air courts is provided for in the Constitution of Greece, which in article 96 paragraph 4 states that: "Special laws define: a. Those related to military courts, naval courts and air courts, to the jurisdiction of which private individuals cannot be subject". The first chapter of

165-468: A court martial during WWI, which he receives at the end of the story for disobeying orders and cowardice in the face of the enemy. Several courts-martial occur in the British naval TV series Warship , including notably that of Lieutenant Palfrey, a Royal Marines officer accused of killing a foreign officer during a military exercise, and that of Fleet Air Arm pilot Edward Glenn, brother of Alan Glenn, one

220-602: A court martial. Courts martial are provided for in the Constitution of Ireland , which states in Article 38.4.1 that: "Military tribunals may be established for the trial of offences against military law alleged to have been committed by persons while subject to military law and also to deal with a state of war or armed rebellion." There are three classes of courts martial in the Irish Defence Forces: Outside of

275-508: A local police force in charge of the city and insurgents rounded up dozens of local police officers and publicly executed them in a soccer stadium. In May 2005, U.S. forces launched Operation New Market in Haditha against the insurgents controlling the city. However, resistance continued. On August 1, 2005, an ambush killed 6 United States Marine snipers, (who were operating in two two-man teams with an additional marine per team for security) in

330-462: A standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. Most military forces maintain a judicial system that tries defendants for breaches of military discipline. Some countries like France have no courts-martial in times of peace and use civilian courts instead. Court-martial

385-459: A water wheel. These are displayed as a reference to the area's history. Locals suggest that the ancient looking structures on or near the Euphrates River were part of a water wheel structure that dates back to a period of Roman occupation. They claim locals built water wheels to establish a limited aqueduct system similar to the one that served Rome . Whether or not soldiers or citizens of

440-466: Is hyphenated in US usage, whether used as a noun or verb. However, in British usage, a hyphen is used to distinguish between the noun, "court martial", and the verb, "to court-martial". Usually, a court-martial takes the form of a trial with a presiding judge, a prosecutor and a defense attorney (all trained lawyers as well as officers). The precise format varies from one country to another and may also depend on

495-404: Is notable for being one of the few towns that remained under the control of Iraqi forces despite being more than 200 kilometres from Baghdad. In September 2014, ISIL attacked the dam but were repelled by airstrikes. As of May 2016, it remains one of the most exclusively Sunni Arab towns of Iraq under control of the government. Al Jazeera's Iraq editor Hamed Hadeed said Haditha plays a major role in

550-518: Is one of the Military Courts of the United Kingdom . The Armed Forces Act 2006 establishes the court martial as a permanent standing court. Previously courts-martial were convened on an ad hoc basis with several traditions, including usage of swords . The court martial may try any offence against service law . The court is made up of a judge advocate, and between three and seven (depending on

605-695: Is the highest level military court (High Military Court, a special people's court executing the authority of the High People's Court) established by the People's Republic of China within the Chinese People's Liberation Army with jurisdiction over the nation's armed forces (including the People's Liberation Army and the People's Armed Police ), organized as a unit under the dual leadership of the Supreme People's Court and

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660-554: The Israeli settlements , the West Bank remains under direct Israeli military rule , and under the jurisdiction of martial law in the form of military courts . The international community maintains that Israel does not have sovereignty in the West Bank, and considers Israel's control of the area to be the longest military occupation in modern history. The military court system for

715-597: The Netherlands , members of the military are tried by a special military section of the civilian court in Arnhem . This section consists of a military member and two civilian judges. The decision whether or not to prosecute is primarily made by the (civilian) attorney general . Service members of the New Zealand Defence Force are tried under a court martial for offences pertaining to the most serious offences against

770-639: The Political and Legal Committee of the Central Military Commission . In Finland, the military has jurisdiction over two types of crimes: those that can be committed only by military personnel and those normal crimes by military persons where both the defendant and the victim are military persons or organizations and the crime has been defined in law as falling under military jurisdiction. The former category includes military offences such as various types of disobedience and absence without leave , while

825-841: The Queen's Regulations and Orders as well as the National Defence Act . For members of the United States Armed Forces offenses are covered under the Uniform Code of Military Justice (UCMJ). These offences, as well as their corresponding punishments and instructions on how to conduct a court-martial, are explained in detail based on each country and/or service. In Canada, there is a two-tier military trial system. Summary trials are presided over by superior officers, while more significant matters are heard by courts martial, which are presided over by independent military judges serving under

880-647: The Roman Empire ever resided in Haditha is an open question. The Haditha Dam and surrounding areas were initially secured by U.S. troops in April 2003 as part of the invasion of Iraq . An attack on the dam would have severely flooded towns along the Euphrates downstream from Haditha, as well as eliminating an important source of electricity. On July 16, 2003 Mohammed Nayil Jurayfi, mayor of Haditha, and his youngest son, Ahmed, were assassinated. In 2004, U.S. troops left

935-422: The occupied territories , modeled partially on the British military court system set up in 1937, was established in 1967. Sociology professor Lisa Hajjar argues that Israeli military courts criminalize not only Palestinian violence, but also certain forms of expression deemed to threaten Israeli security. She states the incarceration rate of Palestinians is high compared to other states, and that Palestinians in

990-489: The salaries of government employees. This insurgent dominance has continued into 2006. The mayor of Haditha in November 2005 was Emad Jawad Hamza. On 19 November 2005, 24 Iraqi noncombatants , including 11 women and children, were killed by 12 Marines from 3rd Battalion, 1st Marines . The US military subsequently investigated the massacre, and a captain and a lieutenant colonel were relieved of duty (another captain

1045-539: The Armed Forces Discipline Act 1971. Offences such as mutiny, murder, sexual offences, serious assaults, drug offences, or offences where the maximum punishment exceeds a 7-year prison term will be heard by court martial. Below this 7-year threshold the accused is dealt with by their commanding officer in what is known as a summary trial. During court martial the appointed judge is either a New Zealand High Court or District Court judge and they preside over

1100-627: The Council Chairman. They also employ other municipal managers such as a Municipal Engineer. The riverbank in the Haditha District is occupied by well irrigated farm plots that produce a large amount of food. Substantial sheep and goat flocks are also kept in the area. Further food sources come from fishing the river or the nearby Lake Qadisiya . Entering the Haditha Sub District, one is likely to see municipal signs illustrated with

1155-505: The Euphrates River, man a large (and apparently effective) police force, establish regular ambulance service, re-equip and run their hospital, open an asphalt factory, re-open schools with basic refurbishments complete, fill the offices of their local government, expand their local markets, begin rebuilding a local marble factory. In early 2014, ISIL launched a successful campaign to seize around 70% of Anbar province from Iraq. Haditha

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1210-664: The Euphrates were rebuilt, the area hospital was reopened and re-equipped, the K3 Oil refinery south of the area was brought back online, and life began to take on the air of normalcy. Also planned is keeping the hydro-electric dam functioning and rebuild capacity with the help of US led coalition forces, to re-open a local oil refinery, again with significant funding and technical advice from Coalition forces and provincial reconstruction teams headquartered in Ramadi and Al Asad, to rebuild two dams over

1265-596: The General Court Martial (GCM), District Court Martial (DCM), Summary General Court Martial (SGCM) and Summary Court Martial (SCM). According to the Army Act, army courts can try personnel for all kinds of offenses, except for murder and rape of a civilian, which are primarily tried by a civilian court of law. The President of India can use the judicial power under Article 72 of the constitution to pardon, reprieve, respite or remission of punishment or sentence given by

1320-542: The NZDF, or being sent to military or civilian prison. In Poland, military courts are military garrison courts and military district courts. They are criminal courts with jurisdiction over offences committed by soldiers in active military service, as well as certain offences committed by civilian military personnel and soldiers of the armed forces of foreign countries (Article 647 of the Code of Criminal Procedure ). Garrison courts rule in

1375-458: The Rules for Courts-Martial, Military Rules of Evidence, and other guidance. There are three types: Special, Summary, and General. In Herman Melville 's novella Billy Budd (first published 1924), the title character is convicted at a drumhead court-martial of striking and killing his superior officer on board HMS Indomitable , is sentenced to death, and is hanged. The novella has been adapted for

1430-456: The U.S. military for violations of the Uniform Code of Military Justice (UCMJ), which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory . Courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial , which contains

1485-411: The West Bank are being treated as "foreign civilians". In Indonesia, any criminal offense conducted by military personnel will be held in trial by military court. There are four levels of military jurisdiction: The judges will receive temporary rank the same as the defendant if the rank of the defendant is higher than the judges. In Luxembourg, there are three levels of military jurisdiction: In

1540-669: The adjudicatory supervision of the Supreme Court (which, by the way, follows from Article 183(1) of the Constitution of the Republic of Poland ), and the Minister of Justice has superior organizational and administrative supervision. In 2005, ex-AFP Major General Carlos Garcia ( PMA Class of 1971, assigned comptroller of the AFP was court martialled for violating two articles of the Articles of War for

1595-415: The affair. Grayson had not been present for the incident, but had been accused of telling a sergeant to delete photographs of the victims. Lt Colonel Jeffrey Chessani , the highest-ranking officer accused over the incident, had been charged with dereliction of duty for failing to order a war crimes investigation into the killings. The charges were dismissed in 2008 on the grounds General James Mattis , who

1650-643: The alleged Php 303 million Peso Money Laundering/Plunder and direct Bribery against him. Under the Singapore Armed Forces Act, any commissioned officer is allowed to represent servicemen when they are tried for military offences in the military courts. The cases are heard at the Court-Martial Centre at Kranji Camp II. Some of the courts martial in Singapore include that of Capt. G. R. Wadsworth in 1946 due to use of insubordinate language and, in

1705-421: The case to the local district attorney who commences prosecution. The crimes with military jurisdiction are handled by the civilian district court which has a special composition. In military cases, the court consists of a civilian legally trained judge and two military members: an officer and a warrant officer, an NCO or a private soldier. The verdict and the sentence are decided by a majority of votes. However,

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1760-526: The cities of Haditha and Haqlaniyah on the western side of the Euphrates and Barwannah on the East side during Operation Al Majid . Marine units rotated in and out of the area detaining numerous persons. Iraqi Police were firmly established by 2007 and violence fell. In contrast to previous years, the Ramadan period of 2007 came and went in Haditha with no insurgent attacks. In the next few months two bridges across

1815-468: The city; on August 3, a roadside bomb killed another 14 Marines and their interpreter . On August 26, another IED attack killed 7 Marines and injured 12. According to an August 2005 report by The Guardian , the town was controlled by insurgents , with US forces making only fleeting visits every few months. Like Al-Qa'im , it had come under a Taliban -like rule, with Sharia law being imposed and Western -style items banned and insurgents collecting

1870-516: The country's conflict because of its strategic location and unparalleled resistance to ISIL: "Haditha serves as a significant transportation route between the western regions of Anbar, the central province of Salahuddin, and northern governorate of Nineveh. It is also the only city in Anbar province that has been able to block IS's repeated attempts to control it." Haditha has a hot desert climate ( Köppen climate classification BWh ). Most rain falls in

1925-616: The court cannot give a more severe sentence than the learned member supports. The appeals can be made as in civilian trials. If a court of appeals handles a military matter, it will have an officer member with at least a major's rank. The Supreme Court of Finland has, in military cases, two general officers as members. Courts-martial proper are instituted only during a war, by decree of the government. Such courts-martial have jurisdiction over all crimes committed by military persons. In addition, they may handle criminal cases against civilians in areas where ordinary courts have ceased operation, if

1980-424: The defendant's own unit. The civilian police has always the right to take the case from the military. If the case does not warrant a punishment greater than a fine or a disciplinary punishment, the punishment is given summarily by the company, battalion or brigade commander, depending on severity of the crime. If the brigade commander feels that the crime warrants a punishment more severe than he can give, he refers

2035-461: The first instance, appeals against their decisions and orders are heard by district courts, which also have first-instance jurisdiction in the most serious cases. The Criminal Chamber of the Supreme Court then acts as the second instance; in addition, cassation appeals against judgments rendered in the second instance are heard in the Criminal Chamber. The military courts are therefore subject to

2090-551: The guilt of members of the armed forces subject to military law , and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes . The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military 's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law , and can involve civilian defendants. Most navies have

2145-481: The incident saying the Marines killed the civilians "in cold blood." In 2009, a federal appeals court ruled that Murtha was immune from the lawsuit because he was acting in his official role as a lawmaker when he made the comments to reporters. A court-martial on June 4, 2008 acquitted a US Marine, Lieutenant Andrew Grayson, for any role in covering up the killings, while charges were dropped against five other marines in

2200-584: The independent Office of the Chief Military Judge. Appeals are heard by the Court Martial Appeal Court of Canada . Capital punishment in Canada was abolished generally in 1976, and for military offences in 1998. Harold Pringle was the last Canadian soldier executed pursuant to a court martial, in 1945, having been convicted of murder. The Military Court of the Chinese People's Liberation Army

2255-412: The latter category includes civilian crimes such as murder, assault, theft, fraud and forgery. However, war crimes and sexual crimes are not under military jurisdiction. In crimes where the military has jurisdiction, the military conducts the investigation. In non-trivial cases, this is done by the investigative section of Defence Command or by civilian police, but trivial cases are investigated by

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2310-557: The matter is urgent. Such courts-martial have a learned judge as a president and two military members: an officer and an NCO, warrant officer or a private soldier. The verdicts of a war-time court-martial can be appealed to a court of appeals. The Basic Law (Grundgesetz) (adopted after the Second World War in 1949) establishes in Art. 96 para. 2 that courts-martial can be established by federal law. Such courts-martial would take action in

2365-629: The modern day, misbehaviour by conscripted servicemen. The governing law in Thailand's military courts is the Military Court Organisation Act 1955 ( Thai : พระราชบัญญัติธรรมนูญศาลทหาร พ.ศ. ๒๔๙๘ ). The act allows the Judge Advocate General of Thailand ( Thai : เจ้ากรมพระธรรมนูญ ) to establish court regulations. In wartime or during the imposition of martial law , military courts may adopt special procedures. The court martial

2420-588: The play on which it was based ) deals almost entirely with the court martial of two enlisted Marines. In the 2008 to 2014 sci-fiction animated TV show " Star Wars: The Clone Wars 's 2011 fourth season's episode "Plan of Dissent" clone troopers Fives and Jesse, both serving in the Grand Army of the Republic, act against orders from their acting superior in a war situation and in revenge are threatened with court-martial and consequent execution. They found themselves court-martialed and about to be executed by firing squad in

2475-551: The principal characters, charged with a range of offences relating to a dangerous flight manœuvre. In the Star Trek: The Next Generation episode "The Battle" it was stated that, as the loss of a starship was a court martial offense, Picard was court-martialled for the loss of the Stargazer , zealously prosecuted by Phillipa Louvois. In the end, he was absolved of all charges. The 1992 movie A Few Good Men (and

2530-735: The procedural part of the Military Penal Code (MPC) regulates the matters related to the courts and judicial persons that make up the Military Justice. Specifically in article 167 of the MPC, it is defined that criminal justice in the Army is awarded by the military courts (military courts, air courts, naval courts, review court) and the Supreme Court . There are four kinds of courts-martial in India. These are

2585-478: The seriousness of the offence) officers and warrant officers. Rulings on matters of law are made by the judge advocate alone, whilst decisions on the facts are made by a majority of the members of the court, not including the judge advocate, and decisions on sentence by a majority of the court, this time including the judge advocate. Most commonly, courts-martial in the United States are convened to try members of

2640-593: The severity of the accusation. Courts-martial have the authority to try a wide range of military offences, many of which closely resemble civilian crimes like fraud, theft or perjury. Others, like cowardice, desertion, and insubordination, are purely military crimes. Military offences are defined in the Armed Forces Act 2006 for members of the British Military. Regulations for the Canadian Forces are found in

2695-545: The stage, film and television; notably in Benjamin Britten 's 1951 opera Billy Budd . In C.S. Forester 's 1938 novel Flying Colours , Captain Horatio Hornblower is court-martialled for the loss of HMS Sutherland . He is "most honourably acquitted". In Michael Morpurgo 's novel Private Peaceful , the main character of "Tommo" reflects on the childhoods of himself and his brother, Charlie as Charlie awaits

2750-450: The trial. Defendants are assigned legal counsel, and for the prosecution, a lawyer is assigned who generally comes from a military background. The judge advocate is usually made up of senior NZDF officers and warrant officers who hear the defence and prosecution evidence during court martial. Punishment on guilty findings of a defendant will see them face being charged with a punishment such as serious reprimand, loss of rank, dismissal from

2805-404: The winter. The average annual temperature in Haditha is 21.1 °C (70.0 °F). About 127 mm (5.00 in) of precipitation falls annually. Articles Court-martial A court-martial (plural courts-martial or courts martial , as "martial" is a postpositive adjective ) is a military court or a trial conducted in such a court. A court-martial is empowered to determine

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2860-523: Was demoted to the rank of private . The plea agreement caused anger in Iraq, with the Iraqi government saying it "did not fit the crime" and that they would look for other legal avenues they could pursue. The change in U.S. strategy in late 2006 brought quick results to the Hadithah Triad. The U.S. Marines and their Iraqi and coalition allies had largely driven out insurgents by the summer of 2007. Hadithah

2915-449: Was much more secure and had recovered some of its prosperity by the summer of 2008. The progress was evident when an American Congressional Delegation visited the town in August and found full shops and friendly people. With this turbulent history the future was unpredictable. However, according to the website of Multi National Forces – Iraq, progress began after a large berm was erected around

2970-488: Was relieved on the same day but not for the same incident.) Some allege the massacre was in retribution for an incident earlier in the day in which US Marine Lance Corporal Miguel Terrazas was killed in a roadside bomb attack on Marines from Kilo Company. In August 2006 a commission reviewing the killings found probable cause for charging the Marines. The same day, one of the accused Marines sued Rep. John P. Murtha (D-Pa.) for libel because of Murtha's characterization of

3025-548: Was responsible for overseeing the prosecutions, had been unduly influenced by his top legal aide, then-Colonel John Ewers , who had been the investigator into the incident. The dismissal was later upheld on appeal. Squad leader Frank Wuterich, who had been accused of leading the killings, was charged with voluntary manslaughter and assault. In 2012, he made a plea agreement which dropped these charges. In exchange, he plead guilty to one count of dereliction of duty for telling his squad to "shoot first and ask questions later," and

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