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The military judiciary is constituted of: the military cassation court, permanent military court and the Unique Military Judge.
The headquarters of the military cassation court and the permanent military courts are situated in Beirut. However, the Minister of National Defense – having taken the opinion of the Higher Military Authority – may change their headquarters and it is possible to establish provisional military courts exceptionally in the time of war by virtue of a decree issued by the Cabinet upon the proposal of the Ministry of Defense, and in this special decree the headquarter and the competences of these courts will be designated.
Military Cassation Court
The constitution of the military cassation court differs in felonies cases and in misdemeanors cases:
In felonies cases: the military judicial law stipulates that the cassation court will be constituted of one judge member of the personnel of the judicial judiciary of the seventh grade and above (being equal to the tenth grade and above; according to the latest amendments of the judicial judiciary law) as president assisted by four officers ranked major or above.
In misdemeanors cases: the military judicial law stipulates that the cassation court will be constituted of one judge member of the personnel of the judicial judiciary of the seventh grade and above (being equal to the tenth grade and above; according to the latest amendments of the judicial judiciary law) as president assisted by two officers ranked major or above.
Exceptionally in time of war, it is possible that the military cassation court will be presided in felonies and misdemeanors cases by an officer graded colonel and above provided that one of the consultant thereof will be a judge of the personnel of the judicial judiciary of the seventh grade and above (being equal to the tenth grade and above according to the latest amendments of the judicial judiciary law).
The judicial judges and the president of the military cassation court shall be mandated by the chief president of the judicial cassation court.
Permanent Military Court
As same as in military cassation court, the constitution of the permanent military court differs in felonies cases and misdemeanors cases.
In felonies cases: the military judiciary law stipulates that the permanent military court will be constituted of an officer ranked major and above as president and four members; one of whom is a judge of the judicial judiciary personnel of the thirteenth grade and above (equal to the fourth grade and above, according to the latest amendments of the Code of Judicial Judiciary) and three officers graded less than the grade of the president.
In misdemeanors cases: The law of the military judiciary stipulates that the military court will be constituted of an officer whose rank won’t be less than major and above as president and two members one of them is a judge of thirteenth grade and above (being equal to the fourth grade and above, according to the latest amendments of the code of judicial judiciary) and an officer whose rank is less than that of the president.
Preventive committees may be constituted of appointed judges before the military court to examine the cases that will be referred to them, and the president of the original committee ensures the distribution of the cases and the activities of the different committees.
Unique Military Judges
The unique military judiciary will be handled by judges belonging to the personnel of the judicial judiciary but they can be appointed from the officer's graduate at law of first lieutenant rank and above. Unique judges can also be appointed among the officers who are not graduated at law. There exists one unique judge in every province to adjudicate all contraventions and misdemeanors mentioned in the traffic law that are committed within the scope of the province involving persons who are subject, according to this law, to the Military Judiciary and the other misdemeanors that fall within the competence of the military judiciary if its sentence does not exceed the fine or the imprisonment for one year or both punishments all together.
The headquarters of the military cassation court and the permanent military courts are situated in Beirut. However, the Minister of National Defense – having taken the opinion of the Higher Military Authority – may change their headquarters and it is possible to establish provisional military courts exceptionally in the time of war by virtue of a decree issued by the Cabinet upon the proposal of the Ministry of Defense, and in this special decree the headquarter and the competences of these courts will be designated.
Military Cassation Court
The constitution of the military cassation court differs in felonies cases and in misdemeanors cases:
In felonies cases: the military judicial law stipulates that the cassation court will be constituted of one judge member of the personnel of the judicial judiciary of the seventh grade and above (being equal to the tenth grade and above; according to the latest amendments of the judicial judiciary law) as president assisted by four officers ranked major or above.
In misdemeanors cases: the military judicial law stipulates that the cassation court will be constituted of one judge member of the personnel of the judicial judiciary of the seventh grade and above (being equal to the tenth grade and above; according to the latest amendments of the judicial judiciary law) as president assisted by two officers ranked major or above.
Exceptionally in time of war, it is possible that the military cassation court will be presided in felonies and misdemeanors cases by an officer graded colonel and above provided that one of the consultant thereof will be a judge of the personnel of the judicial judiciary of the seventh grade and above (being equal to the tenth grade and above according to the latest amendments of the judicial judiciary law).
The judicial judges and the president of the military cassation court shall be mandated by the chief president of the judicial cassation court.
Permanent Military Court
As same as in military cassation court, the constitution of the permanent military court differs in felonies cases and misdemeanors cases.
In felonies cases: the military judiciary law stipulates that the permanent military court will be constituted of an officer ranked major and above as president and four members; one of whom is a judge of the judicial judiciary personnel of the thirteenth grade and above (equal to the fourth grade and above, according to the latest amendments of the Code of Judicial Judiciary) and three officers graded less than the grade of the president.
In misdemeanors cases: The law of the military judiciary stipulates that the military court will be constituted of an officer whose rank won’t be less than major and above as president and two members one of them is a judge of thirteenth grade and above (being equal to the fourth grade and above, according to the latest amendments of the code of judicial judiciary) and an officer whose rank is less than that of the president.
Preventive committees may be constituted of appointed judges before the military court to examine the cases that will be referred to them, and the president of the original committee ensures the distribution of the cases and the activities of the different committees.
Unique Military Judges
The unique military judiciary will be handled by judges belonging to the personnel of the judicial judiciary but they can be appointed from the officer's graduate at law of first lieutenant rank and above. Unique judges can also be appointed among the officers who are not graduated at law. There exists one unique judge in every province to adjudicate all contraventions and misdemeanors mentioned in the traffic law that are committed within the scope of the province involving persons who are subject, according to this law, to the Military Judiciary and the other misdemeanors that fall within the competence of the military judiciary if its sentence does not exceed the fine or the imprisonment for one year or both punishments all together.
