FIRST ANNUAL AFRICA

MILITARY LEGAL CONFERENCE

PRESENTATION ON THE GHANA

ARMED FORCES LEGAL SYSTEM

BY
LT COL BENJAMIN AMOAH-BOAKYE
Dep Director Legal Services

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 INTRODUCTION
• “…….In terms of the linkage between
defence at the natonal level and that at the
regional and continental levels, it is
understood, also, that each African country’s
defence is inextricably linked to that of other
African countries, as well as that of other
regions, and, by the same token, that of the
African continent as a whole”.

• Articles 5 and 6 of the ‘Solemn Declaration on a Common African

Defence and Security Policy’ (adopted at Sirte on 28 February 2004)

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 INTRODUCTION
• Conflict and Insecurity are linked to the reconstitution of national,
continental and global political order which has since 9/11 been in
profound disarray.

• Global security may still be an agenda of the strong, but as the UN

S-G’s ‘High-level Panel’ warns, even the strongest today is
vulnerable, and needs the collaboration of the community of states
to ensure its security.

• African countries have sought to respond to the prevailing security

crisis at both conceptual and structural levels.

• We acknowledge the focus on making the AU Peace and Security

Architecture (APSA) fully operational and ensuring the continent is
adequately trained and resourced to meet the daunting challenges
of peace, security and stability in the 21st Century and beyond.
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
 INTRODUCTION
• Ghana as a member of the comity of nations is obliged to support
international and regional organizations’ activities towards
international peace and security and the GAF has been actively
involved in both past and on-going Peace Support Operations.

• In this regard, we appreciate the efforts being made by the US

Government and its allies, through the AFRICAN ENDEAVOUR
Concept to ensure that interoperability is attained within the AU
Peace Support machinery.

• We are however of the view that, such efforts will be fruitless

without the backing of well-functional legal systems.

• We therefore see the holding of this conference as very opportune,

as we are in the process of revising our Military Laws to be in tune
with modern realities.
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
 AIM

TO PRESENT THE GHANA ARMED

FORCES LEGAL SYSTEM WITH A VIEW
TO IDENTIFYING COMMON
CHALLENGES AND SOLUTIONS

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 SCOPE OF PRESENTATION
• Background Information
• The Legal Framework
• The Structure of the Legal System
• The Military Justice System
• Roles in Peace Support Operations
• Challenges
• Conclusion

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 BACKGROUND INFORMATION
• I was called to the Ghana Bar in 1994 as a Lawyer
• Commissioned into the Armed Forces Legal Corps as a Captain in 1996
• I have attended all career courses including Combat Team Commanders,
Command and Staff College etc.

• I have obtained several certificates including a Diploma in Military

Studies; Legal Aspects of Combating Terrorism; Collaborative Negotiations
Skills; Negotiating Diversity Conflicts; Armed Conflict, Human Rights and
IHL.
• I have held several appointments including ADLS, CLA and presently
DDLS
• I have had some peacekeeping experience, notable ones are serving as
Force Conduct and Discipline Officer for the Conduct and Discipline Teams
in both MONUC and UNIFIL
• I have been a Prosecutor for over 13 years

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 LEGAL FRAMEWORK
• National
• The Constitution of Ghana;
• Ghana Armed Forces Act of 1962;
• Armed Forces Regulations;
• CSIPs;
• MDIs
• External Sources
• The UN/AU/ECOWAS Charter
• Laws of Armed Conflicts and IHL
• The Rome Statute
• MOU between UN and Ghana
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
 STRUCTURE OF THE LEGAL SYSTEM

• The Legal Corp has been in existence since the

early days of the GAF;
• The rational has been to ensure that the GAF
operates within the confines of Rule of Law;
• The System has remained unchanged despite
several changes in government
•Two main components:
• Judge Advocates General’s Outfit
• Directorate of Legal Services.

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 JAG’S OFFICE
• It is a centralized system with no sub-offices;

•Headed by a JAG who is presently of the rank of a Brig Gen;

• Three Deputies all of the rank of Colonel;

• Staffing of the office normally done with past Legal

Officers from the Directorate of Legal Services.

• It is co-located with the MOD;

• Serves as a member of the Judicial Council.

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
 JAG’S OFFICE

• Functions
• Principal Adviser to the Minister on all legal matters;

• Advises on contracts and MOU entered into by the

MOD;

• Supervises all courts martial trials;

• Provides post-trial advice on all Courts Martial trials;

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 DIRECTORATE OF LEGAL SERVICES
• Tri-Service in nature
• Headed by a Director who also doubles as a
Director of Estates;
• Three Deputy Directors;
• Several Assistant Directors;
• A sizable number of civilian Lawyers;
• Legal Advisers at all the Service HQs
• Legal Advisers for the Commands;
• Garrison Legal Officers;
• Legal Advisers to GHANBATTS
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
 FUNCTIONS OF THE DIRECTORATE
•
• Principal Adviser to the CDS on all legal matters;
• Advises on all Contracts , MOUs, BOIs and Petitions;
• Provides pre-trial advice on all Courts Martial trials;
• Prosecutes all cases before Courts Martial
• Represents the GAF in all cases before the Civil Courts;
• Handles all matters pertaining to the estate of deceased
service personnel;
• Provides training on Military Law and IHL for all
categories of personnel;
• Serves on all Boards and Committees that deal with
issues such as procurement, logistics, Pensions and
Benefits in general.
FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE
 SERVICE OFFENCES

• Any infractions of the AFA and Regulations committed

by a person subject to the Code of Service Discipline;
• Those that are triable both Summarily and by Courts Martial;
• Those that can only be tried by Courts Martial;
• Those that can be tried only when committed outside Ghana;
• Service Trial of Civil Offences.
• What happens when an offence is committed?
• Investigations by the SIB of MP;
• Board of Inquiry;
• Summary Investigation
• Then either a Summary Trial or Summary of Evidence or
Abstract of Evidence is taken

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 THE MILITARY JUSTICE SYSTEM

• Two main forms

• Summary Trials – which are administrative proceedings

• Courts Martial

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 SUMMARY TRIALS

DISCIPLINARY BOARD CHAIRED

BY
DELEGATED OFFICER

DISCIPLINARY BOARD FOR

THE TRIAL OF
CIVILIAN EMPLOYEES DISCIPLINARY BOARD CHAIRED
BY
COMMANDING OFFICER

DISCIPLINARY BOARD CHAIRED

BY
SUPERIOR COMMANDER

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 DISCIPLINARY BOARDS

• Composition
• CO or DO as the Chairman + 1 Officer + 3 Soldiers
• Jurisdiction
• The accused person is either a subordinate officer or a man
below the rank of Warrant Officer;
• Having regard to the gravity of the offence, the Disciplinary
Board considers that its powers of punishment are adequate;
• The Disciplinary Board is not precluded from trying the accused
person by reason of his election, under regulations made under
this Act, to be tried by court martial (See Article 108.31 for Election
to be tried by a Court Martial); and
• The offence is not one that under such regulations the
Disciplinary Board is precluded from trying. (See Article 108.28 for
Offences triable summarily).

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 DISCIPLINARY BOARDS

• Composition
• ASA as the Chairman + 2 Officers or 2 WOs
• Jurisdiction
• The accused person is either an Officer or a Warrant Officer;
• Having regard to the gravity of the offence, the Disciplinary
Board considers that its powers of punishment are adequate;
• The Disciplinary Board is not precluded from trying the accused
person by reason of his election, under regulations made under
this Act, to be tried by court martial (See Article 108.31 for Election
to be tried by a Court Martial); and
• The offence is not one that under such regulations the
Disciplinary Board is precluded from trying. (See Article 108.28 for
Offences triable summarily).

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 COURTS MARTIAL

DISCIPLINARY COURT MARTIAL

GENERAL COURT MARTIAL

COURT MARTIAL APPEALS COURT

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 DISCIPLINARY COURT MARTIAL

Composition

• Minimum of 3 Officers and Maximum of 5 members

Where the accused is a soldier, there shall be 2 soldiers

Jurisdiction

• Has jurisdiction to trial all persons subject to the code of service

discipline

Except that, it requires the express authorization of the CDS before

it can try a commissioned Officer.

May try with a Judge Advocate

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 GENERAL COURT MARTIAL

Composition

• Minimum of 5 Officers and Maximum of 9 members

Where the accused is a soldier, there shall be 2 soldiers

Jurisdiction

• Has jurisdiction to trial all persons subject to the code of service

discipline

Presided over by a Judge Advocate who could either be from the

JAG’s Office, or from the Bench

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 COURTS MARTIAL APPEALS COURT

Composition

• 3 Justices of Appeal

Presided over by a Justice of the Supreme Court.

Appeals from the CMAP lie at the Supreme Court

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 TYPES OF PUNISHMENT

PUNISHMENTS

OPTIONAL ACCOMPANYING
PUNISHMENTS
OBLIGATORY ACCOMPANYING
PUNISHMENT

CONSEQUENTIAL PENALTIES

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 PUNISHMENTS

EXTRA DRILL DETENTION

OR DUTY MAXIMUM 90 DAYS
CAUTION

STOPPAGES REDUCTION IN
FORFEITURE OF
RANK
SENIORITY

CONFINEMENT TO
BARRACKS SEVERE REPRIMAND
&
FINE NOT EXCEEDING REPRIMAND
30 DAYS BASIC PAY

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 PUNISHMENTS

IMPRISONMENT UP TO
DEATH LIFE

STOPPAGES DISMISSAL WITH

FORFEITURE OF
DISGRACE & DISMISSAL
SENIORITY
SEVERE REPRIMAND
&
REPRIMAND
DETENTION
REDUCTION IN RANK

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 ROLES IN PEACE SP OPS
• Advises Command on all legal matters;
• Act as the Conduct and Discipline Focal Point;
• Responsible for the training of all ranks on UN
and Mission-specific Standards of Conduct;
• Advises on all Summary Trials;
• Advises on Boards of Inquiry as well as Military
Police investigations Reports
• Any other tasks Command may assign to him.

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

 CHALLENGES
• Lack of Trained Personnel;
• Lack of logistics support;
• Challenges from Command;
• Different Legal Systems;
• Failure of Global/ Regional Organizations to
comply with rules and procedures;
• Language differences;
• Lack of commitment on the part of global or
regional partners;

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

CONCLUSION

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE

THANK YOU!

QUESTIONS!!!

FIRST ANNUAL AFRICA MILITARY LEGAL CONFERENCE