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THE RULE OF LAW AND THE MILITARY

THE RULE OF LAW AND THE MILITARY. Wherever Law Ends -- Tyranny Begins John Locke. TYPES OF LAW. Moral Divine Natural Positive. What is the Rule of Law ?. Government decisions rooted in the consent of the governed. What is the Rule of Law ?.

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THE RULE OF LAW AND THE MILITARY

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  1. THE RULEOF LAWANDTHE MILITARY

  2. Wherever Law Ends -- Tyranny Begins John Locke

  3. TYPES OF LAW • Moral • Divine • Natural • Positive

  4. What is the Rule of Law ? Government decisions rooted in the consent of the governed

  5. What is the Rule of Law ? Taken through authoritative institutions or structures designed to prevent tyranny

  6. What is the Rule of Law ? Which protect fundamental human rights

  7. What is the Rule of Law ? Subject to the appraisal of an independent judiciary

  8. EVOLUTION OF THE RULE OF LAW • Universalist Empires • Nation States • International Law • International Organizations

  9. MILESTONES • United Nations • War Crimes Tribunals • Nuremberg • Tokyo • Universal Declaration of Human Rights • War Crimes Tribunals • Yugoslavia • Rwanda

  10. GOVERNMENT INSTITUTIONS • Legislative • Executive • Courts • Criminal Justice

  11. WHY RESISTANCE??? • Legal Traditions • Customs • Development • Nationalism • Leaders

  12. MILITARY COMMANDER'S DILEMMA Autonomy Efficiency Expediency Mission Goals Accountability Standard Procedure Legitimacy National Goals

  13. 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

  14. 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

  15. BENEFITS FOR A DEMOCRACY • Civilian Control of the Military • Liberty Based in Law • Military Decisions Founded in Law - Not Personal Interest

  16. BENEFITS FOR THE MILITARY • Uniformity in Treatment of the Citizen Soldiers • Clear Guidance • Confidence of Civilian Government • Enhanced Military Morale

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