The trial of civilians by military courts

Description

"In December 1920 the Irish War of Independence reached a new pitch. The response of the government at Westminster was a declaration of martial law in the south and west of Ireland, placing the courts and the civil authorities under the control of the Army. The Army set up the Military Court to bring to trial and punish those who contravened martial law. Under this regime a number of noncapital crimes were converted into offences punishable by death. The lower tier of the Military Court sent 549 people to prison and recommended many more for internment. The upper tier tried 128 people. Thirty seven men were sentenced to death, of these 14 were executed. Many others received long sentences of imprisonment. It was a legal system in miniature, created in days, which ran alongside the existing justice system. This book provides a dispassionate account of the historical context and legal justification for martial law asserted by the government of Lloyd George. The circumstances of the conflict and the policy decisions which led to the imposition of martial law are examined. The trials before the upper tier of the Military Court are recounted and the legal challenges analysed. The constitutional and legal ramifications of ceding control to the Army are also explored"--Unedited summary from book jacket.

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