It is well-known that the military institution has its own special organizational nature, derived from the nature of the function entrusted to it and the role it plays in preserving the entity of the community and defending it in a way that enables it to achieve its goals of progress and prosperity.

This unique nature of the military institution necessitated a special system that covers all aspects of military life. This system is not limited to the rules that regulate lawful acts within the military sphere, but also extends to unlawful acts committed by members of the military institution. This is because leaving unlawful acts committed by members of this institution without special regulation and subjecting them to the general rules of the penal code would lead to the inadequacy of those rules in achieving the intended purpose of military organization itself, which requires special rules for criminalization and punishment that may not be available in general law.

Hence, the need arose to enact a special law for military crimes and punishments to address a specific fundamental interest of the community, which is the interest of the military institution.

The Jordanian legislator, like others in comparative legislation, has known a special law for military crimes and punishments since the early years of the Jordanian state's establishment. The first special law for military crimes and punishments was issued in 1943 under the name 'Military Crimes Law' No. 27 of 1943.

Its provisions began to be implemented on January 30, 1944, and it was named this way in harmony with the naming of the Ottoman Penal Code, which was still in effect at that time.

On June 26, 1952, the Military Penal Code No. 43 of 1952 was issued. One of the most important provisions of these two laws was the formation of military councils and granting them jurisdiction to try all members of the armed forces. These councils were competent to rule on all crimes committed by the aforementioned individuals, regardless of where they occurred, and whether they were stipulated in the Military Penal Code or other penal laws.

The Military Penal Code No. 43 of 1952 remained in force until it was replaced by the temporary Military Penal Code No. 30 of 2002, which was put into effect in its permanent form on December 1, 2006, as Law No. 58 of 2006. This is the current law that we have explained and clarified in this book.

The issuance of the new Military Penal Code was in line with the rapid developments witnessed by the military institution and the expansion of its activities to include—in addition to national defense—participation in international peacekeeping forces.

One of the most important special provisions organized by this law is the inclusion of war crimes, in line with international agreements that revolve around international humanitarian law, which Jordan has proactively ratified.

In recognition of our gratitude to the military institution to which we are proud to belong, and in fulfillment of a duty incumbent upon us towards this institution and its members, and in the absence of specialized jurisprudential literature on military crimes and punishments, and the lack of such works in the legal library, which has resulted in difficulties for those working in this field, we decided—after relying on God—to dedicate a special work to military crimes and punishments that explains the provisions of the Military Penal Code. This will be followed, God willing, by other works that explain related penal legislation and the legislation governing the State Security Court and its jurisdictions.

• ISBN: 978995716000
• Weight: 0.700 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 288
• Year of Publication: 2024
• Binding: Hardcover