Post on 01-Jan-2016
description
1
THE RULE OF LAW
ANDTHE 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 Which protect fundamental human rightsrights
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 Declarationof 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
17