Military disciplinary law

Special rules of conduct apply within the armed forces that go beyond the standards observed in wider society. The purpose of military disciplinary law is to ensure order and discipline within the organisation. These rules are set out in the Military Disciplinary Law Act (WMT) and form an integral part of the military legal system.

Disciplinary law enables commanders to take action against behaviour that could disrupt internal order, but which is not serious enough to warrant criminal prosecution. It therefore covers behaviour that is considered unacceptable within a military context, but which does not constitute a serious criminal offence.

What does military disciplinary law cover?

Examples of disciplinary offences include:

• unauthorised absence;
• careless or negligent performance of assigned tasks;
• inappropriate behaviour towards a superior or colleague;
• careless handling of equipment or uniform.

Such conduct can undermine operational order and cooperation within a unit. Military disciplinary law enables internal and proportionate action to be taken against such conduct.

Disciplinary penalties and procedure

When a member of the military is found guilty of a disciplinary offence, a superior officer authorised to do so may impose a disciplinary penalty. The main penalties that can be imposed under the Military Disciplinary Law include:

• reprimand;
• fine;
• penal duty;
• curfew.

After a disciplinary penalty has been imposed, the military personnel have the right to lodge a complaint with the superior who imposed the penalty within five days. The superior forwards the complaint to the complaints officer, who conducts a new investigation and makes a decision. If the military personnel disagrees with this decision, they can appeal to the Military Chamber of the Arnhem District Court.

Please note: a disciplinary penalty will be included in the military personnel's personnel file. This may affect assessments, promotions or future placements.

Do you require legal assistance from our military disciplinary law attorneys?

Are you facing disciplinary charges, or considering filing a complaint or appeal? Our military disciplinary law attorneys are happy to provide expert and dedicated legal assistance. Disciplinary law within the Ministry of Defence has its own dynamics and requires knowledge of military practice, as well as specific laws and regulations. Our lawyers have extensive experience with disciplinary cases within the armed forces.