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Aziz Mohammed - PhD Thesis - Bond University - Military Culture War Crimes and the Defence of Superior Orders - August 2008

Aziz Mohammed - PhD Thesis - Bond University - Military Culture War Crimes and the Defence of Superior Orders - August 2008

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Published by: Intelligentsiya Hq on Feb 08, 2012
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07/21/2012

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MILITARY CULTURE,WAR CRIMES AND THEDEFENCE OFSUPERIOR ORDERS
By
AZIZ MOHAMMED
A Thesis submitted to BOND UNIVERSITY in partialfulfilment of the requirement for the Degree of Doctor ofLegal Science.AUGUST 2008Gold CoastAUSTRALIA
 
CERTIFICATE
 This Thesis is submitted to BOND UNIVERSITY in partial fulfilment of the requirement for the Degree of Doctor of Legal Science.This Thesis presents my own work and contains no material which hasbeen previously submitted for a degree or diploma at this University orany other institution, except where due acknowledgement is made.……………………Aziz MOHAMMED Date: 30 August 2008
 
PREFACE
All military forces function according to the principles of discipline and obedience toorders. Soldiers are an effective instrument in the hands of military commanders, whoare prepared to serve the interests of their nations regardless of the adversities. Thesaying: ‘Ours is not to reason why, ours is to do or die’ ever lingers in the memoriesof soldiers as they undertake missions. With the growing number of soldiers chargedand convicted for atrocities, there is growing concern especially when pleas are maderegarding the defence of superior orders. In this thesis, I have tried to examine thisconcern, both in my capacity as a professional military officer as well as an academic.In researching and writing this thesis, I have gained invaluable knowledge andunderstanding on matters like soldiering and the existing laws relating to warfare. Allthis has benefited me in my understanding and the application of the same in mydefence forces.In undertaking the research and writing of this thesis, I am indebted to so many peoplefor their generous assistance and advice. I am grateful to Professor Doctor Bee ChenGoh and the staff of BOND University Law Faculty for their continuedencouragement, assistance and guidance. My appreciation also extends toCommodore Josaia Vorege Bainimarama, the Prime Minister of Fiji and theCommander of the Republic of Fiji Military Forces and Brigadier Ioane Naivalurua,the Commissioner of Prisons for their professional advice and comments regardingthis thesis. My heartfelt appreciation to my wife, Dr Lubna Rizvia Mohammed for hercontinued assistance and support. Finally, I dedicate this thesis to my late dad, PirMohammed and late brother, Aslam Mohammed, who were the pillars of strength andencouragement in my endeavours.
Aziz MOHAMMED
August 2008

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