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