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Books > Law > Other areas of law > Military law & courts martial
The United States Department of Defense Law of War Manual:
Commentary and Critique provides an irreplaceable resource for any
politician, international expert, or military practitioner who
wishes to understand the approach taken by the American military in
the complex range of modern conflicts. Readers will understand the
strengths and weaknesses of US legal and policy pronouncements and
the reasons behind the modern American way of war, whether US
forces deploy alone or in coalitions. This book provides
unprecedented and precise analysis of the US approach to the most
pressing problems in modern wars, including controversies
surrounding use of human shields, fighting in urban areas, the use
of cyberwar and modern weaponry, expanding understanding of human
rights, and the rise of ISIS. This group of authors, including
academics and military practitioners, provides a wealth of
expertise that demystifies overlapping threads of law and policy
amidst the world's seemingly intractable conflicts.
In examining various aspects of the provision of security, the
Small Arms Survey 2011 considers the growth of the private security
industry and its firearms holdings worldwide; the firearms holdings
of private security personnel; the use of private security
companies by multinational corporations; the use of emerging
weapons technology among Western police forces; and legislative
controls over the civilian possession of firearms in 42
jurisdictions around the world. Case studies provide original
research on ongoing security challenges in Cote d'Ivoire, Haiti and
Madagascar. This edition also presents the 2011 Small Arms Trade
Transparency Barometer, an estimate of the annual authorized trade
in light weapons, and a review of developments related to small
arms control at the United Nations.
When the tyrannical Saddam Hussein was captured in 2003, the war in
Iraq was in a precarious position. A provisional government had
been assembled, but the Iraqi government was not yet recognized as
sovereign. They were now expected to put their most infamous
citizen on trial for war crimes. Called into duty at this moment
was Rear Admiral Greg Slavonic, who was tasked with facilitating
U.S. media presence at the arraignment which would establish the
judicial framework for future tribunals. Admiral Slavonic was party
to the historic US-Iraqi Transfer of Sovereignty and then as the
senior military officer in the Iraqi courtroom where he was one of
fifteen individuals to witness the historic event. As the senior
military officer in the room with fifteen other observers, he
managed a challenging pool of media jockeying for access for this
once in a career story and plus served as advisor to the Iraqi
judge on various media issues. Slavonic's first-hand narrative of a
unique moment in military history features never-before-seen
transcripts of Saddam Hussein's trial. For the first time, readers
can read how Saddam responded to his charges, along with eleven of
Hussein's closest advisors and cabinet members who were arraigned
that day, and several charged with war "crimes against humanity".
This would be the last time all twelve men would be together again
who were responsible for the deaths of over several million fellow
Iraqi citizens. This book expands our examination of difficult wars
and chronicles the legal reckoning and downfall of a tyrant.
This guide is written to show users how to complete the simple
communication forms provided for the NEC3 Engineering and
Construction Contract (ECC). Clarity of communications, in a form
that can be read, copied and recorded, should assist compliance
with the contract and reduce misunderstandings and disputes.
The application and interpretation of the four Geneva Conventions
of 1949 and their two Additional Protocols of 1977 have developed
significantly in the sixty years since the International Committee
of the Red Cross (ICRC) first published its Commentaries on these
important humanitarian treaties. To promote a better understanding
of, and respect for, this body of law, the ICRC commissioned a
comprehensive update of its original Commentaries. Its preparation
was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and
head of the project to update the Commentaries. The First
Convention is a foundational text of international humanitarian
law. It contains the essential rules on the protection of the
wounded and sick, those assigned to their care, and the red cross
and red crescent emblems. This article-by-article Commentary takes
into account developments in the law and practice to provide
up-to-date interpretations of the Convention. The new Commentary
has been reviewed by humanitarian-law practitioners and academics
from around the world. It is an essential tool for anyone working
or studying within this field.
How can countries verify compliance with the Comprehensive
Nuclear-Test-Ban Treaty (CTBT) and detect and deter violations? It
is in their interest to increase their verification readiness
because the assessment of compliance with the treaty rests with
states parties to the CTBT. The treaty provides countries with two
verification elements: an international system of monitoring
stations, and an on-site inspection regime. The monitoring system
can detect nuclear explosions underground, in the atmosphere and
under water. This book provides incentives to nations around the
world on how they can organize their efforts to verify compliance
with the CTBT and how they can collaborate with other countries,
perhaps on a regional basis, to monitor areas of concern. Such
focused efforts can improve their detection and deterrence
capabilities through precision monitoring.
The book addresses the CTBT verification from the perspective of
countries. It shows how they can create the essential tools for the
assessment of the large amounts of data available from the
verification regime and other sources, including observations from
satellites and thousands of stations outside of the treaty regime.
Countries can also use current scientific and technological
developments to assist them in verifying compliance with the
treaty. The book offers political and scientific analysis on the
evolution of the treaty over the years.
The book is intended for professionals in the political,
diplomatic, scientific and military fields who deal with
international security, non-proliferation and arms control. It is
also intended for non-governmental organizations and journalists
seeking a better understanding of the nuclear test ban issue and
how states can verify compliance with the treaty.
Drunken disorderliness. Cowardice in battle. Writing bad cheques.
Vulgarity. Sexual indecency. Adultery. Following courts martial for
such disgraceful behaviour, hundreds of Canadian officers lost
their commissions during the First and Second World Wars.
Scandalous Conduct investigates the changing definitions that
shaped the quintessential honour crime known as "conduct unbecoming
an officer and a gentleman." The dishonour represented a direct
challenge to the discredited officer's prestige, livelihood, and
sense of manhood. Drawing on fascinating court cases never before
studied, Scandalous Conduct concludes that military honour was not
a stable concept; instead it depended on social circumstances and
disciplinary requirements.
The fight of my life... For the first time, a blistering, highly
charged account from the man known as 'Marine A' who was at the
centre of the controversial murder of a wounded Taliban fighter.
His case led to an unprecedented wave of public support which
raised over GBP800,000 to fund his appeal. The nerve-shredding
situations Sgt. Blackman operated within, under sustained attack
for long periods, living in the unrelenting horror of a theatre of
war, took their toll mentally and physically. 'This book chronicles
my young life, my recruitment and training, my first deployments,
and then my experiences in the Middle East, where I fought first in
Iraq, and later completed two tours of duty in Helmand, Afghanistan
- before finally confronting the final moment of my 2011 tour, and
the killing of the Afghan insurgent which led to my conviction for
murder. 'I confront this moment in a spirit of total honesty,
chronicling the weeks and months of a hellish tour that led up to
it, the mental frailties the tour exposed - and, without seeking to
make excuses, reclaim at least some of that experience for myself.
'This is a searingly honest look at the brutal realities of life in
the military.'
Drunken disorderliness. Cowardice in battle. Writing bad cheques.
Vulgarity. Sexual indecency. Adultery. Following courts martial for
such disgraceful behaviour, hundreds of Canadian officers lost
their commissions during the First and Second World Wars.
Scandalous Conduct investigates the changing definitions that
shaped the quintessential honour crime known as "conduct unbecoming
an officer and a gentleman." The dishonour represented a direct
challenge to the discredited officer's prestige, livelihood, and
sense of manhood. Drawing on fascinating court cases never before
studied, Scandalous Conduct concludes that military honour was not
a stable concept; instead it depended on social circumstances and
disciplinary requirements.
This book addresses the body of statutory and case law covering
both the military and military conduct. Four chapters discuss the
relationship between the Supreme Court and military justice,
covering the Civil War era, World War II, the post-war period from
1956 to 1987, and developments since the September 11, 2001,
attacks. Each chapter also includes a set of documents that shed
light on these periods of U.S. history. Excerpts from key Supreme
Court briefs and rulings are complemented by articles from the Army
Times, the Armed Forces Journal, and mass media including the New
York Times and The Nation. Incisive introductions to these
documents explain the evolution of constitutional law and the ways
in which federal and state statutes have lessened the effectiveness
of both civilian control over the military and civilian judicial
oversight.
Drawing together key documents, case law, reports and other
essential materials, International Humanitarian Law offers
students, lecturers and practitioners an accessible and critically
informed account of the theory, law and practice of international
humanitarian law. Providing comprehensive, thematic and targeted
coverage of national and international cases and materials, this
book successfully balances doctrine with practical application to
help readers understand how the theories are applied in practice
and navigate through jurisprudence with ease. Employing a critical
and targeted commentary throughout, this book also helps readers to
better understand the implications of the law and the challenges
facing international humanitarian law today including: cyber war,
detention, direct participation in hostilities, human rights in
armed conflict and terrorism. Suitable for advanced undergraduate
and postgraduate students and practitioners, International
Humanitarian Law offers a thematic and comprehensive treatment of
the subject.
Belligerent occupations existed in both World Wars and have
occurred more recently in all parts of the world (including Iraq,
Afghanistan, the former Yugoslavia, Congo, Northern Cyprus,
Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its
special length - exceeding half a century and still in progress -
and the unprecedented flow of judicial decisions, a special focus
is called for as regards to the occupation of Palestinian
territories by Israel. International law addresses the subject of
belligerent occupation in some detail. This second, revised edition
updates the text (originally published in 2009) in terms of both
State practice and doctrinal discourse. The emphasis is put on
decisions of the Security Council; legislation adopted by the
Coalition Provisional Authority in Iraq; and predominantly case
law: international (Judgments of the International Court of
Justice, the International Criminal Tribunal for the Former
Yugoslavia and the European Court of Human Rights; Advisory
Opinions and Arbitral Awards) as well as domestic courts.
Title 32 presents regulations governing grants, military and
civilian personnel, military justice, security, defense
contracting, closures and realignment, civil defense, environment,
and other activities by the Department of Defense. Regulations
specific to the Departments of the Army, Navy, and the Air Force;
the Defense Logistics Agency; the Central Intelligence Agency; the
Information Security Oversight Office; the National Security
Council and other groups are included as well. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
Welcome to one of the most unique families in the world. By proxy,
you will be inducted into a group that is older than our
Constitution. It is an honorable organization with a long history
of warriors. You are about to be the parent of one of those
warriors. Without the knowledge and facts of what to expect, this
journey can be scary. It is important to learn myth from fact and
to ensure that you do everything you can do to support your future
Marine and keep yourself from worrying. If you are a Marine
veteran, or come from a Marine Corps family already, this book is a
great resource. It can help you compare your experiences with how
the Marine Corps is conducting its training now. Many things have
changed throughout the history of boot camp, but many things have
not. This book can provide you with an opportunity to brush up on
what's new and discuss what is the same. This guide has information
from multiple official United States Marine Corps web sites and
endeavors to be as current as possible. The 13 weeks of recruit
training will fly by before you know it. While you won't be there
personally to witness the transformation, you will be able to learn
what is happening to your recruit. The best thing you can do is
educate yourself on what your recruit is going through so that you
can learn what will be expected of him/her as a United States
Marine. This book is designed to help you do just that. It will
give you a glimpse of what it is like as a recruit in boot camp and
what you, as a parent, will need to know. It will also explain how
you can help your recruit while he/she is in boot camp and what not
to do. When graduation rolls around, you will be prepared to see
your new Marine and understand exactly how the graduation process
works. Also, we will explore what happens to your Marine after boot
camp. His/her journey is only beginning at that point. There is
still much more that your Marine will learn as he/she is sent to
Marine Combat Training, his/her Military Occupational Specialty
(MOS) school and then into the fleet. The adventure doesn't stop
with graduating boot camp. Your Marine is going to need your
support for a long time. The best thing you can do is prepare
yourself with the education and knowledge that you can be a
successful Marine parent. This is an exciting time for your future
Marine. He/she is embarking on a journey that few will ever
understand or comprehend. It will change their lives in so many
ways. It is important as their parent that you understand why they
call the Marines, "The Few. The Proud." It is a way of life that is
difficult to explain unless you have lived through it. However,
this book is going to do its best to explain it in a way that makes
you beyond proud that your son or daughter chose the Marine Corps
as a foundation for the way to live an honorable life of service to
our country.
One purpose of this book is to collect the fundamental body of
military case law. It is designed to afford a ready reference to
the military lawyer or the civilian practitioner with a military
justice case. It should also prove useful to teachers and students
of military law.
Originally published in 1955.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the
latest in digital technology to make available again books from our
distinguished backlist that were previously out of print. These
editions are published unaltered from the original, and are
presented in affordable paperback formats, bringing readers both
historical and cultural value.
Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine
men condemned to death for war crimes at Mauthausen concentration
camp mounted the gallows at Landsberg prison near Munich. The mass
execution that followed resulted from an American military trial
conducted at Dachau in the spring of 1946 a trial that lasted only
thirty-six days and yet produced more death sentences than any
other in American history.
The Mauthausen trial was part of a massive series of proceedings
designed to judge and punish Nazi war criminals in the most
expedient manner the law would allow. There was no doubt that the
crimes had been monstrous. Yet despite meting out punishment to a
group of incontestably guilty men, the Mauthausen trial reveals a
troubling and seldom-recognized face of American postwar justice
one characterized by rapid proceedings, lax rules of evidence, and
questionable interrogations.
Although the better-known Nuremberg trials are often regarded
as epitomizing American judicial ideals, these trials were in fact
the exception to the rule. Instead, as Tomaz Jardim convincingly
demonstrates, the rough justice of the Mauthausen trial remains
indicative of the most common and yet least understood American
approach to war crimes prosecution. The Mauthausen Trial forces
reflection on the implications of compromising legal standards in
order to guarantee that guilty people do not walk free.
The idea of military necessity lies at the centre of the law of
armed conflict and yet it is less than fully understood. This book
analyses which legal limits govern the commander's assessment of
military necessity, and argues that military necessity itself is
not a limitation. Military necessity calls for a highly
discretionary exercise: the assessment. Yet, there is little
guidance as to how this discretionary process should be exercised,
apart from the notions of 'a reasonable military commander'. A
reasonable assessment of 'excessive' civilian losses are presumed
to be almost intuitive. Objective standards for determining
excessive civilian losses are difficult to identify, particularly
when that 'excessiveness' will be understood in relative terms. The
perpetual question arises: are civilian losses acceptable if the
war can be won? The result is a heavy burden of assessment placed
on the shoulders of the military commander.
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