The general principles of the Comparative International Law and the International Bill on the judiciary and trials warn of trying civilians in military courts or extending the application of special judicial laws in extraordinary cases.
It is well known and recognized that military courts are those which handle offenses committed by military personnel and associated with their military functions, and this is how the military court was described in the 2002 Constitution of the Kingdom of Bahrain, and particularly in section b of Article 105 thereof, which stipulates that,
“The jurisdiction of military courts shall be confined to military offences committed by members of the Defense Force, the National Guard, and the Security Forces. It does not extend to other persons except when martial law is declared and within the bounds prescribed by law.”
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