JUDGE ADVOCATE GENERAL 
GLOBAL NAVAL STRIKE FORCE
FIAT IUSTITIA ET PEREAT MUNDUS
Justice shall prevail even if the world perishes
PREFACE
This preface is meant to explain the following code so that no confusion will occur when using or referencing this document. The following code is set forth as a framework to ensure fairness and justice for all members of the GNSF. Being such, this document is NOT to be looked at in the same light as a “legal” document taken verbatim word for word, as it is intended to be used for it’s “intent”. That being said, grammar and spelling errors shall not be used as grounds for dismissal of any case, nor shall any area where a specific item is not detailed exactly pertaining to the case is question. In plain English this means that while some area’s are open for interpretation (as they always would be even if it was 1200 pages long), this interpretation shall ALWAYS be made by a judge sitting on that particular case. Please make sure that while reading and interpreting this document you do not loose sight of the intent. At GNSF we want a set of rules and procedure’s that can be used to uphold justice without turning into a “right or wrong doesn’t matter, its who has the best lawyer” event. We are not here to practice law or dig for loopholes, we are here to keep things fair for every single member.
Code of Justice
Title I
Principles
Article 1: Judicial power.
Judicial power of the Global Naval Strike Force (GNSF) shall be vested in its Justice Department and Chain of Command (CoC), under the provisions of this Code of Justice.
Article 2: Persons subject to this Code of Justice.
All personnel (“anyone”, “everyone”, “all members”, “any person” etc.) in the GNSF are subject to the provisions of this Code of Justice (Code).
Article 3: Territorial applicability.
The Code applies in all places.
Article 4: Equality before the law.
Every person subject to this code is equal before its provisions.
Article 5: No penalty
without due process.
No one shall in any way be penalized or sanctioned without due process.
Article 6: Due process rights and requirements.
Due process shall require that sanctions may only be imposed for offences legally enacted and posted in a manner reasonably calculated to put GNSF members on notice of the defined offence.
Ignorance of the Rules of Engagements and/or Standing Orders are not to be used as an excuse in any way or form.
Heavier punishment than that specified at the time of the offense shall not be imposed in any case. If until the resolution of the case a less severe punishment is enacted, it is to be applied instead.
Sanctions that are temporary in effect and are intended as preventatives measure may be imposed by the GNSF higher Chain of Command (DCNO, CNO, FADM and JAG). Such sanctions will expire unless renewed by the same procedure in 30 days, and will automatically terminate with the resolution of the case.
All penalties or sanctions that are permanent in effect or are intended to punish the offender may be imposed only upon a finding of guilt by clear and convincing evidence in a courts-martial or Article 19 non-judicial punishment proceeding.
All defendants shall have the right to be informed of the charges against them, to present evidence of their innocence, to have access to the investigators resources of the GNSF, to be provided with any exculpatory evidence discovered by investigating officers, and to have their case decided by a fair and neutral arbiter.
The right of the defendants to be informed of the evidence against them and to confront witnesses shall not be infringed, except upon a judicial determination that the right is outweighed by a compelling league interest in preserving the effectiveness of its investigations, and only to the extent necessary to preserve that interest.
Article 7: Protection from Self-Incrimination:
No person involved in, or under threat of, a criminal prosecution may be compelled to testify against him or herself.
Article 8: Lawful
order:
(1) An order is considered lawful when it is issued by a commanding Officer
to an Officer under his direct command dealing with issues belonging under
that COC, and in compliance with any and all GNSF codes and protocols
AND
(2) An order is considered lawful when given by the highest ranking officer
before and/or during a mission in order to make a command decision unless
this would jeopardise the safety of other officers during that mission.
Article 9: Independence of the Justice Department.
No judicial process or investigation conducted by the Justice Department in accordance with this Code shall ever be halted by order of the CoC. The Justice Department has the power, the duty and the obligation to refuse any such order from the CoC.
Article 10: Finality of Justice Department decisions.
No penalty or verdict handed out by the
Justice Department in accordance with this code shall be in any way altered
or otherwise converted by order of the CoC. It is the duty of every GNSF officer
not to recognize any such action.
Title II
Structure and procedures
Article 11: Structure and CoC lining.
The Justice Department of the GNSF comprises of the Judge Advocate General (JAG) and his or her subordinate DJAG (investigators, attorneys) and JAG appointed judges. The JAG reports directly to the Fleet Admiral.
Article 12: Appointment and Removal of JAG.
The FADM shall have the power appoint the JAG, with the consent of the CNO. The JAG shall not be removed from office except by the order of the same three officers, and said officers shall not order the removal of the JAG without cause.
Article 13: Clash of interests.
The position of the Judge Advocate General, DJAG, prosecutors and counselors shall be incompatible with any other command position within the GNSF (DARK BLUE BOXES on the CoC CHART).
Article 14: Powers and Limitations of the Justice Department.
The Justice Department shall have the power to investigate alleged offenses, compel the production of evidence and the testimony of witnesses, convene courts-martial proceedings, issue punishments and sanctions in accordance with enumerated offenses, to hold members in contempt for violating the Department’s orders, and the exclusive power to grant equitable relief.
The JAG, and any judge assigned to a case, shall have the power to hold a member in contempt for failure to obey a lawful order from the prosecutor or judge. The contempt power, and the power to issue orders, is limited to orders pertaining to the production of evidence and to conduct during judicial proceedings. Notwithstanding the other provisions of this Code, the punishment for contempt is imposed immediately. The FADM shall have the power to override a contempt citation, and the same is appealable as if it were a conviction.
The Justice Department may not impose any official or unofficial punishment upon a member acting as a judge, prosecutor, or defense counsel, in retaliation for the faithful performance of their duties.
Article 15: Complaint procedure.
All criminal proceedings shall be initiated in one of two ways:
1 – For minor offenses, with the
filing of a complaint with the Commanding Officer (CO) and Executive Officer
(XO) of the submitting officer. The CO and/or the XO of the accused shall
have the discretion to conduct his or her own investigation, proceed with
NJP process, forward the complaint to the COC, or to take no action. The complainant
may file a complaint in accordance with the COC if the CO/XO takes no action
after seven days. All equitable proceedings shall be initiated by filing a
complaint with the Justice Department, or by including a request for equitable
relief in a criminal complaint.
2 – For larger offenses, with the filing of a complaint with the complainant’s
CO/XO, and if the CO/XO concurs JAG action is deemed necessary, then the complainant’s
CO/XO shall forward the complaint to JAG. JAG shall then be responsible for
processing and notifying the proper people and COC.
Article 16: Investigation and Charging for Courts-Martial.
Upon receiving a duly forwarded complaint, the JAG shall assign responsibility for investigating the complaint to a member of the department. That officer shall conduct an investigation to determine what evidence supports the complaint and what charges, if any, are appropriate.
If the investigator determines that there is cause to proceed, he or she shall inform the JAG that the case will be prosecuted. The JAG shall then assign a judge and prosecutor to the case. The judge may not be the investigating officer and must be someone without an interest in the outcome, personal knowledge of the case, or personal involvement with the adverse parties. Since JAG, the FADM and CNO are part of the Court of Appeal, they cannot be assigned as judges in any cases.
The prosecutor will then formally charge the accused with the appropriate offenses by issuing an Information. The Information shall state the offense under which the defendant is charged and the alleged conduct which constituted the offense. It shall also state the assigned judge and prosecutor. The Information will be provided to the defendant, the Fleet Admiral, the CNO and the Task Force Commanders. The Fleet Admiral shall have the power to compel JAG to produce an Information if he or she finds that there was sufficient evidence to proceed.
Once all parties are informed and all principals are assigned, the case will proceed to courts-martial.
Article 17: Limitation of actions.
No prosecution may be initiated more than ninety days after actionable evidence became available to JAG. No complaint shall be valid if all the evidence alleged has been known to the complainant for more than thirty days.
Article 18: Commanding Officer jurisdiction.
The Commanding Officer of the accused shall have jurisdiction to redress issues arising from complaints of article 15, under the provisions of this Code.
Article 19: Non Judicial Punishment (Formal Letter of Reprimand and Captain's Mast)
The CO may follow the Non Judicial Punishment procedure (NJP) and issue a Formal Letter of Reprimand or call a Captain’s Mast to sentence the accused, in lieu of submitting the incident up the CoC for Court-Martial proceedings, or resort to the lesser procedure called the Letter of Reprimand. NJP proceedings must adhere to the due process requirements enumerated in Article 6. NJP punishement shall follow Article 21 of the present code.
The Formal Letter of Reprimand is the lowest NJP is at the discretion of the officer's CTF and does not hold any other punishement or sentencing. Letter of reprimand can be issues by any CTF or Department Commanders. Copy must be sent to the CoC and JAG within 48 hours of emission.
Captain's Mast is a procedure used when an Officer is find guilty of a minor offence by a hearing or an investigation done by or under the orders of a CTF. The Officer will then appear in front of the CTF, or his appointee, and be sanctioned. Captain's Mast is not a court hearing or a debate. It is a punishement rendering process ONLY. When one is called to a Captain's Mast, he/she is presumed guilty and recieve punishement. Appeal to the CoC is possible, in which case the all pertinent information will be transfered to JAG for a decision. In all cases, a Captain's Mast requires a full report by the CTF to the CoC and JAG within 48 hours of the sentencing.
Captain's Mast can only be held by Task Force Commanders, or their appointee.
Article 20: Consent of the accused required.
All officers accused of an offense shall have the right to have their case heard by the Justice Department by court-martial. Punishment by NJP may not be imposed upon anyone if they have, before its imposition, demanded trial by court-martial in lieu of such punishment. The commanding officer may impose a temporary restraining order without the consent of the accused, but the courts-martial will be required to either affirm or terminate the order before deciding on other matters in the case.
Article 21: Sanctions imposed through the NJP.
The Commanding Officer may impose, upon officers of his or her command, after duly hearing and/or investigation, any combination of the below penalties or sanctions;
1. suspension from duty and/or other restrictions
for no longer than thirty (30) days,
2. reduction to the next inferior rank level,
3. removal from an office within the Commanding Officer’s command,
4. removal of duty/combat points (max 500) (Point reduction that have an incidence
in one's rank will also include demotion in such case),
5. a temporary restraining order designed to prevent the continuation or repetition
of the offense at issue.
Article 22: Appeals.
Any person punished by NJP, who considers their punishment unjust or disproportionate to the offense may, within 48 hours of the punishment being ordered, appeal to their next immediate superior in charge for another Captain’s Mast or to the Judge Advocate General for Court-Martial proceedings.
Any officer punished by Court-Martial, may also, within 24 hours of the punishment being handed, request a hearing by a Court of Appeals, consisting of the FADM, JAG, and CNO.
The Court of Appeals shall have jurisdiction over allegations of error made by the trial judge and proportionality of the sentence. The Court of Appeals shall not have jurisdiction over questions of fact determined by the judge and jury.
The Court of Appeals shall have jurisdiction over cases in which final judgment has been entered, and may hear interlocutory appeals regarding in camera evidence and contempt citations.
The Court of Appeals shall apply an abuse of discretion standard for issues the judge is given discretion with, according to the Code. In other issues, the standard for review is de novo.
The decision of the Court of Appeals is final.
Title III
Punitive articles
Article 23: Punishment defined.
Punishment, or penalties, are punitive measures imposed by Courts-Martial or NJP for the purposes of specific and general deterrence, incapacitation, and/or retribution. Punishment does not include disfavorable action performed by a holder of an office if such action is within the discretion of the office holder unless it is done with retaliatory motives.
Article 24: Attempt.
An attempt to commit an offense occurs when a person consciously engages in conduct that materializes, in part and not in full, elements of said offense. A person guilty of an attempt shall be sentenced to a lower punishment than a person guilty of the completed offense, with the exact punishment being at the discretion of the courts-martial or Commanding officer (in the case of NJP).
Article 25: Accomplice liability.
Any person who, with the purpose of promoting or facilitating the commission of an offense, engages in conduct that increases the likelihood that the offense will be completed by another person, is guilty of that offense.
Article 26: Solicitation and Conspiracy.
A person is guilty of solicitation if, with the purpose of promoting or facilitating the commission of an offense, the person encourages or requests another person to engage in specific conduct that would constitute such an offense, an attempt to commit such an offense, or would establish accomplice liability for the offense.
A person is guilty of conspiracy with
another person or persons to commit an offense if, with the purpose of promoting
or facilitating its commission, he or she
(1) agrees with such other person or persons that one or more of them will
engage in conduct that constitutes the offense, an attempt of the offense,
or a solicitation of the offense.
(2) agrees to aid such other person or persons in the planning or commission
of such an offense, an attempt of the offense, or a solicitation of the offense.
At least one overt act in pursuance of such a conspiracy must be proven in
order to convict a person of conspiracy.
Article 27: Culpability.
For an offense to have been committed, a person must have some level of culpability for each element of the offense. The culpability levels are defined as follows:
1. Negligence: A person acts negligently with respect to a material element of an offense when he or she should be aware of a substantial and unjustifiable risk that the material element exists or will result from his or her conduct.
2. Recklessness: A person acts recklessly with respect to a material element of an offense when he or she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his or her conduct.
3. Knowledge: A person acts knowingly with respect to a material element of an offense when, if the element involves the nature of his or her conduct or the attendant circumstances, he or she is aware the conduct is of that nature or that such circumstances exist; or if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
4. Purpose: A person acts purposefully with respect to a material element of an offense when, if the element involves the nature of his conduct or a result thereof, it is his or her conscious object to engage in conduct of that nature or to cause such a result; or if the element involves the attendant circumstances, he or she is aware of the existence of such circumstances or hopes that they exist.
All convictions for offenses imposing a penalty greater than a letter of reprimand require a culpability level of at least recklessness for all elements of the offense. A conviction for an offense imposing a penalty no greater than a letter of reprimand requires a culpability level of at least negligence for all elements of the offense. There shall be no strict liability offenses in the GNSF.
If there is no culpability term attached
to an element of the offense, the courts-martial shall infer a culpability
level based on the following method
1. If a term virtually synonymous with a culpability term is used, apply the
synonymous term, unless a contrary intent is apparent
2. The immediately preceding culpability term should be applied, unless a
contrary intent is apparent
3. If in viewing the language of the offense as a whole makes the intent of
the regulation apparent, then apply the term closest to the intent.
4. Assume recklessness.
Article 28: Mitigating circumstances.
The Court-Martial or Commanding Officer
(in the case of NJP) may impose a lesser penalty than the one prescribed in
the Code for a given offense, if the guilty person(s) have
(1) not previously violated the Code of Justice, or
(2) admitted guilt, sincerely apologized for their offense and otherwise attempted
to ameliorate the consequences of their act
Lesser penalties are at the full discretion of the issuing authority unless
specifically prescribed in the Code.
Article 29: Special circumstances.
Any person found guilty of the same offense for a third time shall be punished
with removal from the GNSF.
The generic provision of this article applies in all cases, without any time
limitation.
Article 30: Cheating in combat.
Any person who, while playing an official
match as a member of this organization, purposefully places another player
at a disadvantage by either
a. knowingly violating the rules of engagement
b. knowingly exploiting a defect in the simulation software
c. knowingly using unauthorized software, or
d. knowingly using other means not ordinarily available to combatants of the
type the player is operating,
shall, upon conviction by Court-Martial, be punished by removal and permanent
ban from the GNSF, or suspension from league activities for a term of no less
than thirty days if mitigating circumstances are ascertained.
Any person who, while playing an official
match as a member of this organization, recklessly places another player at
a disadvantage by
a. recklessly violating the rules of engagement, or
b. recklessly exploiting a defect in the simulation software
shall, upon conviction by Court-Martial, be punished by a suspension from
league participation for seven to sixty days.
Article 31: Fraudulent conduct.
(1) No member shall be permitted to have more than one identity or account within the organization. Any person who knowingly creates more than one identity shall, upon conviction by Court-Martial, be punished by removal and permanent ban from the GNSF.
(2) Any person who knowingly files a false match report shall be punished by a suspension of no less than seven days. Any person who is convicted of this offense two or more times may also be punished by removal or permanent ban from the GNSF.
(3) Any person who negligently or recklessly files a false match report may be punished by a letter of reprimand, or suspension of no more than fourteen days.
(4) A false match report is
i. a report of a match containing false information, or
ii. a report of a match that did not occur or is not authorized for scoring
(5)
a. Any person who omits to post reports
of at least two matches that he/she participated in as a member of this organization
shall,
i. if the omission was due to negligence, be punished with a letter of reprimand,
ii. if the omission was purposeful, be punished with removal and permanent
ban from the GNSF.
b. The offender may remain fully unpunished
if the offense was committed negligently and
i. mitigating circumstances of article 28 are ascertained, or
ii. the two or more matches that were not reported took place in a time span
greater than thirty (30) days
Article 32: Mutiny, Obstruction, and Malfeasance
(1) Any person who purposefully incites insurrection or overtly countermands lawful authority within the GNSF shall be punished as a Court-Martial may direct.
(2) Any person who purposefully interferes with the performance of the official duties of another officer shall be punished as a Courts-Martial may direct.
(3) Any person holding office who fails to faithfully discharge the duties of their office in accordance with this Code may be punished as a Courts-Martial may direct.
Article 33: Insubordination and Contempt.
(1) Any person who fails to faithfully execute the lawful orders of a superior officer shall be punished as a CO, NJP, CoC or Court may direct.
(2) Any person who fails to comply with a lawful order from the Department of Justice shall be held in contempt. For a contempt citations for a discrete, terminated violation, the punishment shall be no greater than a suspension of three days. For a citation for an ongoing violation, the punishment shall be suspension until the order is complied with, rescinded, or becomes moot.
Article 34: Misbehavior before the enemy.
Any person who, during a War match against a member of another league, knowingly fails to do their utmost to emerge victorious shall be punished as a Court-Martial may direct
Article 35: Aiding the enemy.
Any person who recklessly delivers, or causes to be delivered, information
to an opposing organization that provides said enemy with an advantage against
the GNSF in combat shall be punished as a Court-Martial may direct.
Article 36: False statements and perjury.
Any person who, recklessly or knowingly makes false statements or commits perjury shall be punished as a Court-Martial may direct.
Article 37: Inflammatory statements and conduct unbecoming
Any member who makes statements to insult, harass, or defame another member commits the offense of conduct unbecoming an officer and shall receive punishment that can go as far as removal and permanent ban from the GNSF. It shall be considered as a defense if the statement(s)s was made in privacy and/or with a reasonable expectation of confidentiality.
Article 38: Absence With Out Leave (AWOL)