The Uniform Code of Military Justice (UCMJ) serves as the cornerstone of the military justice system in the United States. Recognizing the need for continuous improvement, in August 2013, the Joint Chiefs of Staff advocated for a thorough review of the UCMJ. This recommendation was directed to the Secretary of Defense, emphasizing the importance of ensuring the military justice system operates effectively, efficiently, and justly, while upholding due process, good order, and discipline within the military ranks.
In response to this recommendation, the Secretary of Defense approved a comprehensive review in October 2013. The Department of Defense General Counsel was tasked with leading this critical assessment, supported by expertise from across the military services. To conduct this in-depth analysis, the Military Justice Review Group (MJRG) was established.
The MJRG undertook a detailed examination of the UCMJ. Their findings and recommendations underwent extensive scrutiny within the Department of Defense and the Executive Branch before being presented to Congress in December 2015. These recommendations proved influential, with both the House of Representatives and the Senate incorporating significant portions of the MJRG’s work into their versions of the Military Justice Act of 2016. This act was integrated into the National Defense Authorization Act (NDAA) for Fiscal Year 2017.
Ultimately, the Military Justice Act of 2016 was enacted into law on December 23, 2016, as Division E of Public Law No. 114-328, within the NDAA FY 2017. This landmark legislation marked a significant update to the UCMJ, reflecting the comprehensive review and recommendations made over the preceding years.
Following the enactment of the Military Justice Act of 2016, the responsibility for creating implementing regulations fell to the Joint Service Committee on Military Justice. This committee is currently working on drafting these regulations for Presidential consideration. Proposed regulations were published for public comment on July 11, 2017, and a public meeting to discuss these proposals was scheduled for August 3, 2017. Further details on submitting comments were made available through the Federal Register notice.
For those seeking a deeper understanding of the background and development leading to the Military Justice Act of 2016, a summary was presented at the 2017 Continuing Legal Education and Training Program of the U.S. Court of Appeals for the Armed Forces on March 9, 2017. This presentation, available in Adobe PDF format, offers valuable insights into the legislative process and rationale behind the UCMJ updates. For individuals needing to access the full text of the Uniform Code of Military Justice, it is advisable to search official government resources or legal databases to find the most current version, potentially available in Uniform Code Of Military Justice Pdf format for convenient download and review.
