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Military law --- -341.3 <492> --- Armed Forces --- Law, Military --- Military administration --- National security --- Oorlogsrecht--Nederland --- Law and legislation --- Theses --- 341.3 <492> Oorlogsrecht--Nederland --- 341.3 <492>
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Military law --- Humanitarian law --- Peacekeeping forces --- Intervention (International law) --- War (International law) --- Military law. --- Armed Forces --- Law, Military --- Military administration --- National security --- Law and legislation
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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.
Necessity (International law) --- Military necessity. --- Armed Forces --- Aggression (International law) --- War (International law) --- Law, Military --- Military administration --- National security --- Hostilities --- International law --- Neutrality --- Necessity, Military --- Law and legislation. --- Law and legislation
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344 --- Obedience --- Military ethics --- Military discipline --- Military law --- Armed Forces --- Law, Military --- Military administration --- National security --- Armies --- Discipline, Military --- Disciplinary power --- Discipline --- Ethics --- Conduct of life --- Bijzonder strafrecht --(algemeen) --- Law and legislation --- Military discipline. --- Military ethics. --- Military law. --- Obedience. --- 344 Bijzonder strafrecht --(algemeen)
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Humanitarian law. --- Intervention (International law) --- War (International law) --- Droit international humanitaire --- Intervention (Droit international) --- Guerre (Droit international) --- Military law. --- Peacekeeping forces. --- Law, Military --- Military administration --- Peacekeeping operations --- Hostilities --- International law --- Neutrality --- Military intervention --- Diplomacy --- Peacekeeping (Military science) --- Armed Forces --- International police --- Peace-building --- Humanitarian conventions --- International humanitarian law --- National security --- Law and legislation --- Military law --- Humanitarian law --- Peacekeeping forces --- War (International law).
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Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.
Courts-martial and courts of inquiry. --- Military courts. --- Military law. --- Armed Forces --- Law, Military --- Military administration --- National security --- Military commissions --- Military government courts --- Military tribunals --- Courts --- Martial law --- Court martial --- Courts-martial and courts of inquiry --- Courts of inquiry --- Inquiry, Courts of --- Military justice --- Criminal courts --- Military law --- Naval law --- Law and legislation
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Cette étude purement juridique fait l'état de la question sur les problèmes de droit international concernant la guerre.
War (International law) --- Military law --- War victims --- Guerre (Droit international) --- Justice militaire --- Victimes de guerre --- Legal status, laws, etc. --- Droit --- Legal status, laws, etc --- -341.3 <44> --- Victims of war --- Victims --- Hostilities --- International law --- Neutrality --- Armed Forces --- Law, Military --- Military administration --- National security --- Oorlogsrecht--Frankrijk --- Law and legislation --- Military law. --- War (International law). --- 341.3 <44> Oorlogsrecht--Frankrijk --- 341.3 <44> --- Humanitarian conventions --- War relief --- War victims - Legal status, laws, etc
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The Department of Defense has developed new sensor technologies to support military forces operating in Iraq and Afghanistan. These new capabilities may be useful in counterdrug operations along the southern U.S. border. DoD has held technology demonstrations to test and demonstrate new technologies along the southern border, because the field conditions along the border closely resemble those in current military theaters of operation and because they can also reveal whether new technologies are useful for CD operations led by domestic law enforcement agencies. However, there are legal questions about whether such technology demonstrations fully comply with U.S. law and whether advanced DoD sensors can legally be used in domestic CD operations when they are operated by U.S. military forces. In this report, the authors examine federal law and DoD policy to answer these questions. Some parts of U.S. law mandate information sharing among federal departments and agencies for national security purposes and direct DoD to play a key role in domestic CD operations in support of U.S. law enforcement agencies, while other parts of the law place restrictions on when the U.S. military may participate in law enforcement operations. Reviewing relevant federal law and DoD policy, the authors conclude that there is no legal reason why a DoD sensor should be excluded from use in an interagency technology demonstration or in an actual CD operation as long as a valid request for support is made by an appropriate law enforcement official and so long as no personally identifiable or private information is collected. The authors recommend DoD policy on domestic CD operations be formally clarified and that an approval process should be established for technology demonstrations with a CD nexus.
Military law --- Civil-military relations --- Border security --- Interagency coordination --- Drug traffic --- Law - U.S. --- Law, Politics & Government --- Military Law - U.S. --- Technological innovations --- Law and legislation --- Prevention --- Border control --- Border management --- Boundaries --- Cross-border security --- Military and civilian power --- Military-civil relations --- Armed Forces --- Law, Military --- Military administration --- Security measures --- National security --- Executive power --- Sociology, Military --- Military government --- United States --- Judicial aspects --- DoD --- Department of Defense --- American borders --- Drug smugglers, traffickers --- Trafficking --- Early 21st century
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