Criminal Procedural Law in Civilian and Military Trials (Courts Martial) – A comparative approach

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June 10, 2024 | Passau


Artikelnummer 20240425-1 Kategorie


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Where there’s people, there’s crimes – military installations or members not excluded. But what happens if criminal acts are committed in a foreign country or the laws of the host nation are broken? Who is responsible for trying the offenders and how do military courts martial procedures differ from German criminal trials?
These are only some of the questions one faces when further considering the implications of troops being stationed outside of their own country as is usual within the NATO alliance.

In cooperation with the research center “Human Rights in Criminal Proceedings (HRCP)”, speakers Prof. Dr. Robert Esser of the University of Passau, MAJ Brian Hartley of the US Army in Hohenfels and Sophia-Marie Klingler of the DAJV will share their insights and experiences on this topic and look forward to a lively discussion with participants afterwards – whether it be in person or virtually via Zoom. A registration for online participation is needed, in-person attendance is open to anyone without prior registration.

Speaker:

Prof. Dr. Robert Esser is a German jurist who currently holds a chair on German, European and International Criminal and Criminal Procedural Law, Commercial Criminal Law at the University of Passau in Bavaria, Germany. He undertook his legal education at the University of Trier (Germany) and Uppsala (Sweden) as well as completed his basic military service with the German Air Force. Since 2010 he has been leading the research center “Human Rights in Criminal Proceedings (HRCP)” with a focus on the jurisprudence of the European Court of Human Rights in Strasbourg.

MAJ Brian Hartley is the senior legal observer, coach, and trainer at the Joint Multinational Readiness Center near Hohenfels, Germany. He previously served as a legal advisor in the 2nd Brigade Combat Team, 82nd Airborne Division; Headquarters, 1st Special Forces Command; and 3rd Brigade, 10th Mountain Division (Light Infantry). He has deployed as a legal advisor twice to Iraq and Syria; once with the Special Operations Joint Task Force – Iraq and once with the 82nd Airborne Division. The views expressed here do not reflect those of the Department of Defense, the U.S. Army, or any other department or agency of the U.S. Government.

Sophia-Marie Klingler is a German jurist and current legal clerk at OLG München who received her first state exam after studies at the University of Passau. Previously, she has successfully finished her specialization in International Criminal and Criminal Procedural Law as well as stock market and Corporate Law with a thesis on “The Anonymization of Online-Material before convicts’ release from prison – Art. 8 EHRC”. Additionally, she is the founder and current head for the DAJV’s Passau Student Division.

 

Event Details

Date: 10. Juni 2024

Start time: 06:00 p.m.

End time: 08:00 p.m.

Venue: HS 5 (University of Passau)

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