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Disobedience in the Military - Legal and Ethical Implications (Hardcover, 1st ed. 2019)
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Disobedience in the Military - Legal and Ethical Implications (Hardcover, 1st ed. 2019)
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We often think of the army as an institution whose members are
required to blindly obey all orders they receive. However, this
perception is inaccurate. Disobedience is a fundamental
professional obligation of members of the military and overrides
the obligation to follow commands. But what is the extent of this
obligation? Are soldiers obligated to participate in what they
consider to be an illegal war, or should they be allowed to enjoy a
right to selective conscientious objection? Should soldiers obey a
legal order that, if followed, would facilitate the perpetration of
war crimes by a third party? How should soldiers act if they are
ordered to follow a lawful order that could result in immoral
consequences? Should soldiers be allowed to refuse to obey what can
be labeled as suicidal orders? Based upon the nature of soldiers'
professional obligations, this book tries to offer answers to these
important questions. The author turns to a number of different
case-studies, including conscientious objections, duty to protect
in genocidal situations such as Rwanda and Srebrenica, suicidal
orders in wars, as well as retribution and leniency towards war
criminals, as a way of assessing the different legal and ethical
implications of disobedience in the military.
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