1 THE RULE OF LAW AND THE MILITARY. 2 Wherever Law Ends -- Tyranny Begins John Locke.
Transcript of 1 THE RULE OF LAW AND THE MILITARY. 2 Wherever Law Ends -- Tyranny Begins John Locke.
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What is the Rule of Law ?
Taken through authoritative institutions or structures designed to
prevent tyranny
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What is the Rule of Law ?
Which protect fundamental human Which protect fundamental human rightsrights
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EVOLUTION OF THE RULE OF LAW
• Universalist Empires
• Nation States
• International Law
• International Organizations
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MILESTONES
• United Nations• War Crimes Tribunals
– Nuremberg– Tokyo
• Universal Declarationof Human Rights
• War Crimes Tribunals– Yugoslavia– Rwanda
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MILITARY COMMANDER'S DILEMMA
Autonomy
Efficiency
Expediency
Mission Goals
Accountability
Standard Procedure
Legitimacy
National Goals
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The Rule of Law in a Democracy
• Constitution• Statutes• Judicial System• Citizens Are Aware of Their Rights• Police Who Respect the Rights of Citizens• Lawyers Who Can Assist Citizens in the Defense
of Their Rights in Court.• Impartial Judges
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The Rule of Law in Post-Conflict Societies• Unique Challenges caused by
- Social, economic, political turmoil- Non-democratic rule- Destructive conflicts
• International community impact on:- Unique populations- Resources- Locations
- Traditions
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• Civilian Control of the Military
• Liberty Based in Law • Military Decisions Founded in Law -
Not Personal Interest
BENEFITS FOR A DEMOCRACY
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• Uniformity in Treatment of the Citizen Soldiers
• Clear Guidance
• Confidence of Civilian
Government
• Enhanced Military Morale
BENEFITS FOR THE MILITARY