Soldiers on a military mission
Two Polish soldiers participating in the military mission in Iraq were seriously injured in 2006, due to an accidental shot by American soldier. Despite suffering health impairment, Polish Army did not provide them with proper legal aid. This, as a result,  created a problem with receiving damages from the American government.

Since Polish soldiers turned to the Helsinki‘s Foundation for Human Rights asking for help with this matter, the Foundation managed to arranged a pro bono proxy for them. Thanks to that, the Americans got the complex documentation regarding the compensation and subsequently in 2009, as a result of legal actions that were taken, Polish soldiers obtained a 100.000 dollars damages from the American government.

Due to this situation, the Helsinki Foundation for Human Rights decided to bring up the problem of legal aid for Polish soldiers who are on military missions. This case imply a serious question of the necessity of introducing into Polish law regulations which would allow creating a suitable unit providing legal aid within the Polish Army for soldiers, also those on the foreign military missions, as well as their family. At present, Polish Army’s support is not sufficient and therefore soldiers need to seek legal aid on their own.

The need for introducing professional legal aid system
Poland is participating in many foreign military missions, where loads of Polish soldiers are sent to serve. This situation results in the growth of the necessity for legal aid provided by professional attorneys, due to the growing number of potentially dangerous situations. That is why it is inevitable to establish, within the structure of the Polish Army, a special unit of lawyers which would guarantee, as in previously presented case, the assistance in various civil cases, especially those regarding damages.

Also essential may seem to guarantee help with the criminal cases connected to performing service on a military mission. Example showing the lack of legal assistance in such proceedings is the so-called Nangar Khel case. Ministry of National Defence decided to allocate certain resources to assure the legal aid only after the whole case broke into public. According to the announcement posted on the Ministry of National Defence website, it decided to provide soldiers, suspected of commiting a crime in the village of Nangar Khel in Afghanistan, with professional legal aid as a result of criminal proceedings against them.

There exists a high level of risk that legal assistance concerning criminal proceedings will be applied only incidentally and that it would not be available for all soldiers in need. Such a situation already took place in previously mentioned Nangar Khel case. Moreover, there is a real chance that there will be a lack of professional legal aid concerning damages cases, which may appear very often. This can be however eliminated by introducing comprehensive actions into existing law rules.

Meetings in the Ministry of National Defence
Creating a system of professional legal aid for Polish soldiers on foreign military missions was already the topic of meetings between representatives of the Helsinki Foundation for Human Rights and of the Legal Department of Ministry of National Defence.

What is important is that during the meeting representatives of the Ministry were interested in undertaking actions concerning drawing up the project of creating legal aid system for soldiers on military missions. It was agreed that this problem will be deeply analysed and that the conversations concerning this matter will continue.

Legal aid service for soldiers in chosen NATO countries
In the army of foreign countries which belong to NATO specialized body of law corps take care of  legal advice for individual military units, accusations in military trials and also defending those who are accused of committing a crime.

In the United States, for example, exists Judge Advocate General’s Corps (JAG). It is a special corps of the United States Armed Forces. Officers serving in this corps held the position of attorneys only. The spectrum of all legal services provided by JAG is very wide. It concerns military, war, civil, administrative and tax law. Members of JAG also act as public prosecutors in military criminal trials and take part in the international criminal procedures. JAG’s legal advice is available both in the terrotory of the United States and away, during various military operations.

In Canada exists,, similar to the United States, highly specialized Legal Branch of the Canadian Forces which provides effective and sufficient legal service in the military range. Scope and the organization of the Legal Branch of the Canadian Forces is analogous to JAG. Officers of this corpus provide legal aid in the command headquarters and Canadian army units, they defend soldiers accused in the military trials, conduct law trainings for them and advise commanders conducting military operations in cases concerning law. Help for Canadian soldiers performing service in the European missions provides AJAG – Assistant Judge-Advocate General-Europe.

In the structures of the United Kingdom‘s Army Brits created similar body – The Army Legal Services Branch. Corps gathers only those officers who had qualifications to work as a lawyer and legal adviser before joining the army. This unit has the task of providing complex legal service for the army stationed on the British territory. When it comes to those soldiers performing service abroad, legal service is provided by The Army Legal Assistance.

Within Spanish legal system operates special Legal Body – Cuerpo Juridico Militar – which provides legal service for the army. It consists only of officers with a law degree. This Legal Body has two main functions in the army. First of all, it is responsible for jurisdiction in the military courts, secondly, it provides legal advice for the Spanish armed forces and military government administration.

Situation in Poland
Poland still have not established special unit providing professional legal aid. Access to free legal assistance provided by attorneys is neither guaranteed. However, what  Polish law has is the highly specialized military justice system as well as military prosecutor office.

Another problem preventing soldiers performing military service and their families from obtaining proper legal aid is the fact that lawyers specialized in such cases do not have the opportunity to educate themselves on how to represent soldiers. There is a terrible lack of courses or trainings, such as, e.g. provided by the Naval Justice School for lawyers in Newport, USA, concerning this issue.

Therefore, it is necessary to create a professional unit of highly specialise attorneys representing soldiers and giving them proper legal aid, concerning also those performing military service abroad. Yet, those changes should not take the form of an ad hoc measures since the problem needs to be solved in a systematic way.