1 THE RULE OF LAW AND THE MILITARY. 2 Wherever Law Ends -- Tyranny Begins John Locke.

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Presentation transcript:

1 THE RULE OF LAW AND THE 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 Civilian Control of the Military Liberty Based in Law Military Decisions Founded in Law - Not Personal Interest BENEFITS FOR A DEMOCRACY

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

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