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  • The Rule of Law and The Military: Defense Institute of International Legal Studies Newport, RI

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    Housni Idrissi
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    This document discusses the rule of law and its relationship to the military. It defines the rule of law as requiring that government decisions are rooted in the consent of the governed and are made through institutions designed to protect fundamental human rights and be subject to an independent judiciary. Applying the rule of law to the military provides benefits such as civilian control over the military, uniform treatment of soldiers, and clear legal guidance for military decisions. The rule of law faces unique challenges in post-conflict societies due to turmoil and non-democratic rule in the past.

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    01_040_rule_of_law

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    This document discusses the rule of law and its relationship to the military. It defines the rule of law as requiring that government decisions are rooted in the consent of the governed and are made through institutions designed to protect fundamental human rights and be subject to an independent judiciary. Applying the rule of law to the military provides benefits such as civilian control over the military, uniform treatment of soldiers, and clear legal guidance for military decisions. The rule of law faces unique challenges in post-conflict societies due to turmoil and non-democratic rule in the past.

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    6 views17 pages

    The Rule of Law and The Military: Defense Institute of International Legal Studies Newport, RI

    Uploaded by

    Housni Idrissi
    This document discusses the rule of law and its relationship to the military. It defines the rule of law as requiring that government decisions are rooted in the consent of the governed and are made through institutions designed to protect fundamental human rights and be subject to an independent judiciary. Applying the rule of law to the military provides benefits such as civilian control over the military, uniform treatment of soldiers, and clear legal guidance for military decisions. The rule of law faces unique challenges in post-conflict societies due to turmoil and non-democratic rule in the past.

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    © All Rights Reserved
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    of 17

    The Rule of Law

    and the Military


    Defense Institute of International Legal Studies
    Newport, RI
    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 are


    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 Accountability

    Efficiency
    Standard Procedure
    Expediency

    Mission Goals 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
    The Rule of Law
    and the Military
    Defense Institute of International Legal Studies
    Newport, RI

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