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acts as prosecutor and decide in its own case. Since military judges are officers on active service who type a part of a institutional chain-of-command, their independence to rule in opposition to the pursuits of the institution, as these are perceived by their superior officers, is extremely restricted, if not non-existent. Where there is a battle between the values ofmilitary self-discipline and rights protected in the structure, the courts should be sufficiently independent to make sure that the protection of army discipline doesn’t encroach on rights that are essential

 

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