دانلود کتاب عدالت نظامی – حقوق و وظایف سربازان و دولت

Issues of military justice permeate public discourse. They range from questions of criminal responsibility arising out of the legacy of internal and external military deployments to Northern Ireland, Afghanistan and Iraq, to wider issues of the extent of the application of human rights law to military operations. While criminal responsibility principally concerns breach of duties owed by soldiers under service law and the law of armed conflict, the application of human rights law involves the duties of the government to both civilians caught up in military operations and to the soldiers involved. Law plays a central role in framing the activities of the military, but there are heated and sometimes bitter debates about the nature and extent of the applicable law. These range across constitutional matters, including the power of the government to order the deployment of soldiers to controversial wars and the duties of soldiers to obey such orders, to the application of the law of armed conflict such as the power of the military to detain civilians in armed conflict and the duties of soldiers towards detainees. All raise matters of accountability when things go wrong, which may take the form of public inquiries or inquiries by Select Committees or lead to the court martial of soldiers involved in the abuse of detainees. While military or service law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this book takes a broader approach and examines military justice from a wider consideration of the rights and duties of government in military operations and the duties and rights of soldiers engaged in such. Moreover, by exploring the relationship between the military and society it is possible to reach a more profound understanding of the rationale for military justice and make the case for both its continuation and for any reforms to it. The military is often viewed as a separate society governed by separate laws. This book demonstrates that this has certainly been true historically and in part remains so, for example when considering the prosecution of disciplinary offences such as desertion before a court martial. However, it is not possible to understand the continuing debates about both the need for a system of military justice, and the need for it to change to reflect wider societal changes, without exploring the place of the military in society and recognising the wider influences of justice and law upon it. For example, the court martial, which is the centrepiece of military justice, has changed dramatically over the years and will continue to change to reflect these wider issues of law and justice. More broadly, by considering the relevance of legal regimes, which ebb and flow in terms of applicability because of changing understandings in the law and the differing situations the military is deployed to, the book shows that military justice is both complex and in a state of flux. Whether this justifies the accusation that the military is increasingly exposed to ‘lawfare’, meaning that the military is now so bogged down with laws and regulations that it can no longer operate effectively, is one of the issues of justice discussed in this book.