The Military Commander and the Law (Eleventh Edition, 2012) PDF Download
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Author: The Judge School
Publisher: Createspace Independent Pub
ISBN: 9781481108676
Category : History
Languages : en
Pages : 732
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Book Description
"This publication is used as a deskbook for instruction at various commander courses at Air University. It also serves as a helpful reference guide for commanders in the field, providing general guidance and helping commanders to clarify issues and identify potential problem areas."--P. [2] of cover. Intended as a guidebook for commanders in the field who need insight into challenging legal issues in an environment of increasingly complex laws, rules, and regulations both nationally and internationally.
Author: The Judge School
Publisher: Createspace Independent Pub
ISBN: 9781481108676
Category : History
Languages : en
Pages : 732
Get Book Here
Book Description
"This publication is used as a deskbook for instruction at various commander courses at Air University. It also serves as a helpful reference guide for commanders in the field, providing general guidance and helping commanders to clarify issues and identify potential problem areas."--P. [2] of cover. Intended as a guidebook for commanders in the field who need insight into challenging legal issues in an environment of increasingly complex laws, rules, and regulations both nationally and internationally.
Author: Charles J. Moxley
Publisher: Rowman & Littlefield
ISBN: 0761873554
Category : Law
Languages : en
Pages : 1135
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Book Description
This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States’ arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States’ own statements of the matter and then extending the analysis to include requirements of international law that the United States overlooks in its assessment of the lawfulness of potential nuclear weapons uses. He then develops in detail the known facts as to nuclear weapons and their consequences and U.S. policies and plans concerning such matters. He describes the risks of deterrence and the existential nature of the effects of nuclear war on human life and civilization. He proceeds to pull it all together, applying the law to the facts and demonstrating that known nuclear weapons effects cannot comply with such legal requirements as those of distinction, proportionality, necessity, precaution, the corollary requirement of controllability, and the law of reprisal. Moxley shows that, when the United States goes to apply international law to potential nuclear weapons uses, it distorts the law as it has itself articulated it, overlooks law in such areas as causation, risk analysis, mens rea, and per se rules, and disregards known risks as to nuclear weapons effects, including radioactive fallout, nuclear winter, electromagnetic pulses, and potential escalation. He then shows that the policy of deterrence is unlawful because the use of such weapons would be unlawful. Moxley urges that the United States and other nuclear weapons States take heed of the requirements of international law as to nuclear weapons threat and use. He argues that law can be a positive force in society’s addressing existential risks posed by nuclear weapons and the policy of nuclear deterrence.
Author: New England Law Review
Publisher: Quid Pro Books
ISBN: 1610278151
Category : Law
Languages : en
Pages : 163
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Book Description
The New England Law Review offers its issues in convenient digital formats for e-reader devices, apps, pads, and phones. This first issue of Volume 50 (Fall 2015) features an extensive and important Symposium entitled "Discipline, Justice, and Command in the U.S. Military," presented by leading scholars on the subject. Contents include: "Introduction to 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Victor Hansen "Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society," by Rachel VanLandingham "On Unity: A Commentary on 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Elizabeth Hillman "To Prosecute, or Not to Prosecute: Who Should Make the Call?," by James Gallagher In addition, Issue 1 includes these extensive student contributions: Foreword,"50 Years: Through Changing Times the New England Law Review Remains a Constant," by Nicholas Baran Note, "A New Era of Eyewitness Identification Law: Putting Eyewitness Testimony on Trial," by Sara Conway Comment, "Without a Bright-line on the Green Line: How Commonwealth v. Robertson Failed to Criminalize Upskirt Photography," by Jeffrey Marvin Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.
Author: Agnieszka Jachec-Neale
Publisher: Routledge
ISBN: 1317594711
Category : Law
Languages : en
Pages : 337
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Book Description
The concept that certain objects and persons may be legitimately attacked during armed conflicts has been well recognised and developed through the history of warfare. This book explores the relationship between international law and targeting practice in determining whether an object is a lawful military target. By examining both the interpretation and its post-ratification application this book provides a comprehensive analysis of the definition of military objective adopted in 1977 Additional Protocol I to the four 1949 Geneva Conventions and its use in practice. Tackling topical issues such as the targeting of TV and radio stations or cyber targets, Agnieszka Jachec-Neale analyses the concept of military objective within the context of both modern military doctrine and the major coalition operations which have been undertaken since it was formally defined. This monograph will be of great interest to students and scholars of international law and the law of armed conflict, as well as security studies and international relations.
Author:
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 568
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Book Description
Author:
Publisher: Jeffrey Frank Jones
ISBN:
Category :
Languages : en
Pages : 844
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Book Description
Sample text: NCIS REPORTING AND MILITARY JUSTICE INVESTIGATIONS REFERENCES: (a) MCM (RCM 303) (b) JAGMAN (Chapter II) (c) SECNAVINST 5430.107 (series) (d) SECNAVINST 1752.4A (series) (e) DODI 6495.02 COMMAND INQUIRY: Suspected offenses may come to command attention in a variety of ways (e.g., shore patrol, civil law enforcement, or phone call, etc.) The commanding officer (CO) must conduct some form of inquiry into reported offenses that may be tried by court-martial per reference (a). The degree of inquiry will depend on the nature, validity, and seriousness of the complaint. See reference (b). MANDATORY REFERAL TO NCIS: Reference (c) mandates that certain incidents be referred to NCIS whether occurring on or off base and regardless of civilian investigation involvement. These incidents include: Actual, suspected, or alleged major criminal offenses (punishable under the Uniform Code of Military Justice (UCMJ) by more than 1 year of confinement); Non-combat deaths when the cause of death is not medically attributable to disease or natural causes; Fires or explosions of unknown origin affecting Department of the Navy (DON) property or property under DON control; Theft or loss of ordnance or controlled substances; Disappearance of a command member; All instances of suspected fraud against the government within DON (e.g., theft of government property, bribery, false claims for pay, etc.); actual or suspected acts of espionage, terrorism, sabotage, assassination, and actual, suspected, or attempted defection of DON personnel; Internal security incidents, such as loss, compromise, or suspected compromise of classified information and national security cases; and Suspected sex-related offenses as defined under Articles 120 and 125 of the UCMJ. WHEN NCIS DECLINES TO INVESTIGATE: NCIS may, at its discretion, decline to conduct or continue any investigation, but shall expeditiously inform the effected command. A command may then request assistance from the local base security department or appropriate authority or pursue a command investigation pursuant to reference (a).
Author: Donald P., Donald Wright, Ph. D.
Publisher: CreateSpace
ISBN: 9781494407155
Category :
Languages : en
Pages : 218
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Book Description
For the US Army to succeed in the 21st Century, Soldiers of all ranks must understand and use Mission Command. Mission Command empowers leaders at all levels, allowing them to synchronize all warfighting functions and information systems to seize, retain, and exploit the initiative against a range of adversaries. This collection of historical vignettes seeks to sharpen our understanding of Mission Command philosophy and practice by providing examples from the past in which Mission Command principles played a decisive role. Some vignettes show junior officers following their commander's intent and exercising disciplined initiative in very chaotic combat operations. Others recount how field grade officers built cohesive teams that relied on mutual trust to achieve key operational objectives. Each historical account is complemented by an annotated explanation of how the six Mission Command principles shaped the action. For this reason, the collection is ideal for leader development in the Army school system as well as for unit and individual professional development. Mission Command places great responsibility on our Soldiers.
Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 0393083519
Category : Political Science
Languages : en
Pages : 337
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Book Description
The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.
Author: Eyal Benvenisti
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 416
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Book Description
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Author: Office of Gen Counse Dep't of Defense
Publisher:
ISBN: 9780997878301
Category : Law
Languages : en
Pages : 1166
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Book Description
The Department of Defense Law of War Manual belongs on the shelf of every researcher, journalist, lawyer, historian, and individual interested in foreign affairs, international law, human rights, or national security. The Manual provides a comprehensive, authoritative interpretation of the law of war for the U.S. Department of Defense.
