Armed Forces of Malta rules versus human rights yardstick : how do they measure up?

Abstract

The aim of this dissertation is to throw light on the rules, currently in force in connection with the Armed Forces of Malta (AFM). Whilst various authors have contributed towards how the AFM is regulated and its history, focus has never been made on the procedural aspect and the comparison with human rights enshrined in the Constitution of Malta and the European Convention on Human Rights (ECHR). The AFM’s formation relates particularly with Malta becoming a Republic in 1974 and is perceived to be a significant component of the national sovereignty and security system of the Maltese Islands as the organisation charged with key defensive duties which safeguard the national autonomy and stability in both peacetime and crisis. This research deals with specific aspects of the military legislation, namely the Court Martial system, summary proceedings, operations and deployments and analyses whether the provisions regulating such areas are in line with current human right principles. In this dissertation, the author also considers the legal ramifications of the military laws provisions which have been abandoned and defines what procedures are currently being engaged.