Engel and others v the Netherlands


Do proceedings in a military tribunal constitute criminal charges?

Are the charges about criminal law or military discipline?

the country can use disciplinary law rather than criminal law

the court found some criteria for deciding is something is a criminal charge or not

  • if so defined by the nation in question
  • if it seems criminal because of the penalty attaching thereto
  • the nature of the malfeasance

something which is a deprivation of liberty of a civilian MIGHT not be so if applied to a serviceman


About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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