مجلة هيرودوت للعلوم الإنسانية والاجتماعية
Volume 9, Numéro 2, Pages 16-26
2025-05-30
The Jurisdiction Of Military Courts: Personal And Subject-matter Jurisdiction
Authors : Tahri Cherifa .
Abstract
Jurisdictional rules in procedural law are essential for the validity of legal proceedings, ensuring that necessary procedures are followed to protect the rights of litigants. Violations of these rules, whether initiated by the parties or raised by the court, especially in cases involving public order, can result in the invalidation of legal actions. These rules are mandatory and cannot be waived. Military courts, like civilian courts, adhere to jurisdictional principles of subject-matter (ratione materiae) and personal jurisdiction (ratione personae). These frameworks, established by law as part of public order, cannot be violated. This paper explores the criteria used by the legislator for handling public prosecutions in military courts, focusing on personal and subject-matter jurisdiction. The analysis is based on Ordinance No. 28/71, which governs military justice, as amended by Law No. 14/18, with a particular focus on the provisions introduced by the latter
Keywords
Military courts, ratione materiae, military domains, jurisdiction for military courts
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