Section 4
The legal basis for the jurisdiction of the Military Justice
of Bahrain Defence Force To consider the case known as
(1/Terrorism/2017)
1. Article 105 of the Constitution of the Kingdom of Bahrain, as amended
in paragraph (b), stipulates that “Military Justice shall be regulated
by law, and the law shall state the jurisdiction of Defence Force, the
National Guard, and the Security Forces”
2. Accordingly, Decree No. (34) of 2002, promulgated the Military Justice
Law, as amended, was enacted. The last amendment was issued under
Law No. (12) of 2017, which includes adding two new articles to the
Law. Article 1 (17 bis) provides as follows:
“Notwithstanding the provisions of any other law, the military
Justice shall consider the following offenses when committed
intentionally by a person who is not subject to the provisions of this
Law as a perpetrator or accomplice within or abroad the Kingdom:
a. Crimes against the national security of the state, as provided
for in Chapter I of Part 1 of the Penal Code, whenever they are
committed in operations carried out by Bahrain Defence Force
or in the case of armed terrorism from abroad.
b. Crimes committed within the jurisdiction of the territories of
Bahrain Defence Force or the National Guard, including vessels,
aircrafts, vehicles, buildings, camps, facilities, concentration
areas, manoeuvres, and areas of progress for troops and
operational sites.
c. Crimes against funds, property, equipment, machinery,
missions, communications, objects, weapons, ammunition,
records, documents, and secrets of the Bahrain Defence Force or
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