Wednesday, February 3, 2016

Is there a right to retire?

An interesting case continues to unfold in Uganda. A general officer who seems to be a political opponent of the country's president is in pretrial confinement on a variety of military charges. He claims, however, that the military court has no jurisdiction over him because he applied for retirement last year and should be deemed to have retired at that time. In fact, he has a pending case in the High Court to compel the government to retire him. Details here.

Prevailing (but not yet universally honored) human rights doctrine disfavors the exercise of military court jurisdiction over retired personnel.

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