Military Courts, Civil-military Relations, and the Legal Battle for Democracy
Military Courts, Civil-military Relations, and the Legal Battle for Democracy

Author: Brett J. Kyle

Publisher:

Published: 2020-12-23

Total Pages: 244

ISBN-13: 9780367029944

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"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--

Military Justice
Military Justice

Author: Eugene R. Fidell

Publisher: Oxford University Press

Published: 2016

Total Pages: 156

ISBN-13: 0199303495

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This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

International Humanitarian Law and the Changing Technology of War
International Humanitarian Law and the Changing Technology of War

Author: Dan Saxon

Publisher: Martinus Nijhoff Publishers

Published: 2013-03-15

Total Pages: 375

ISBN-13: 9004229493

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Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.

Evolving Military Justice
Evolving Military Justice

Author: Eugene R. Fidell

Publisher: US Naval Institute Press

Published: 2002

Total Pages: 0

ISBN-13: 9781557502926

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For decades, debate has raged over whether the military justice system is foremost a tool to preserve discipline within the armed forces or a means of dispensing justice on a par with civilian criminal justice systems. From the dawn of American military law in 1775 through World War II, the answer was obvious: military justice was primarily a tool commanders used to maintain discipline. In 1950, however, Congress enacted the Uniform Code of Military Justice. Through amendments over the past half century, the American military justice system has evolved into what it is today: not quite a mirror image of the civilian federal criminal justice system, but vastly more fair than in the days of drumhead courts and the lash, according to the authors, both practicing attorneys and former military officers. Their book scrutinizes the current military justice system, identifying its strengths and weaknesses and pointing the way toward further improvements. Included are essays written about the American military justice system over the past decade by such notable authorities as Sam Nunn, former Senator from Georgia; Andrew S. Effron, Judge of the United States Court of Appeals for the Armed Forces; and Brig. Gen. Jerry S.T. Pitzul, Judge Advocate General of the Canadian Forces. Some defend military justice, while others are critical. The book then shifts its focus overseas to compare the U.S. system with those of several other common law countries. Designed to provoke thought about military justice among military justice practitioners and military line officers alike, the book is introduced with an essay by William K. Suter, Clerk of the U.S. Supreme court.

Defending America
Defending America

Author: Elizabeth Lutes Hillman

Publisher: Princeton University Press

Published: 2021-02-09

Total Pages: 254

ISBN-13: 0691224269

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From going AWOL to collaborating with communists, assaulting fellow servicemen to marrying without permission, military crime during the Cold War offers a telling glimpse into a military undergoing a demographic and legal transformation. The post-World War II American military, newly permanent, populated by draftees as well as volunteers, and asked to fight communism around the world, was also the subject of a major criminal justice reform. By examining the Cold War court-martial, Defending America opens a new window on conflicts that divided America at the time, such as the competing demands of work and family and the tension between individual rights and social conformity. Using military justice records, Elizabeth Lutes Hillman demonstrates the criminal consequences of the military's violent mission, ideological goals, fear of homosexuality, and attitude toward racial, gender, and class difference. The records also show that only the most inept, unfortunate, and impolitic of misbehaving service members were likely to be prosecuted. Young, poor, low-ranking, and nonwhite servicemen bore a disproportionate burden in the military's enforcement of crime, and gay men and lesbians paid the price for the armed forces' official hostility toward homosexuality. While the U.S. military fought to defend the Constitution, the Cold War court-martial punished those who wavered from accepted political convictions, sexual behavior, and social conventions, threatening the very rights of due process and free expression the Constitution promised.

Future War
Future War

Author: Christopher Coker

Publisher: John Wiley & Sons

Published: 2015-11-12

Total Pages: 168

ISBN-13: 1509502351

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Will tomorrow's wars be dominated by autonomous drones, land robots and warriors wired into a cybernetic network which can read their thoughts? Will war be fought with greater or lesser humanity? Will it be played out in cyberspace and further afield in Low Earth Orbit? Or will it be fought more intensely still in the sprawling cities of the developing world, the grim black holes of social exclusion on our increasingly unequal planet? Will the Great Powers reinvent conflict between themselves or is war destined to become much 'smaller' both in terms of its actors and the beliefs for which they will be willing to kill? In this illuminating new book Christopher Coker takes us on an incredible journey into the future of warfare. Focusing on contemporary trends that are changing the nature and dynamics of armed conflict, he shows how conflict will continue to evolve in ways that are unlikely to render our century any less bloody than the last. With insights from philosophy, cutting-edge scientific research and popular culture, Future War is a compelling and thought-provoking meditation on the shape of war to come.

The Evolution of Military Law in India
The Evolution of Military Law in India

Author: Dr U C Jha

Publisher: Vij Books India Pvt Ltd

Published: 2020-02-04

Total Pages: 1378

ISBN-13: 8194285127

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The earliest completed code of the British army dates back to the 14th century when the “Statutes, Ordinances and Customs” were issued by Richard II to his Army in 1385 on the occasion of war with France. These statutes called “Articles” or “Ordinances of War” were issued under the prerogative power of the Crown. The earlier Articles were of excessive severity prescribing death or loss of limb as punishment for almost every crime. There were thousands of instances of accused native soldiers being blown from a gun on the orders of their commander. As minor punishment, an accused could be branded with hot iron for swearing. He could even be flogged in public or ordered to ride the wooden horse. This book provides an insight into the origin and development of the legal system of the Indian Army from the year 1600 to 1947 including that of the Navy and Air Force. A total of 40 statutes passed by the British Parliament and the Articles of War issued by the Crown for governing the military forces during that period have been included. This book is for military historians, military personnel, military lawyers, academics, journalists, and those with an interest or professional involvement in the subject.

Exporting Security
Exporting Security

Author: Derek S. Reveron

Publisher: Georgetown University Press

Published: 2016

Total Pages: 268

ISBN-13: 1626163324

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This is a thoroughly revised second edition of a book that we published in 2010. Exporting Security is about the US military's role in military-to-military partnerships, such as helping to support and train foreign militaries, and about the US military's role in missions other than war, ranging from diplomacy, to development, to humanitarian assistance after disasters or during epidemics. Reveron is a proponent of these non-warfighting missions because he views them as an economical way to promote human security and regional security in trouble spots, which he says is in the US national interest. He also sees these efforts as making it less likely that the US will feel compelled to intervene directly in hot spots around the globe if our partners can maintain their own security or if humanitarian disasters can be averted. This second edition will take into account the Obama administration's foreign policy, the poor legacy of training the Iraqi army, the implications of more assertive foreign policies by Russia and China, and the US military's role in recent humanitarian crises such as the Ebola epidemic in West Africa--