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Secretary of Defense Donald H. Rumsfeld with Chairman of the Joint Chiefs of Staff General George S. Brown.While the Chairman of the Joint Chiefs of Staff acts as the highest-ranking and most senior military officer in the United States Armed Forces, the civilian Secretary of Defense acts as the highest-ranking and most senior position within the Department of Defense.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States.The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power . . . to make Rules for the Government and ...
The jurist Franz Lieber, LL.D., modernized the military law of the 1806 Articles of War into the Lieber Code (General Orders No. 100, April 24, 1863) for the Union Army to legitimately prosecute the civil war (1861–1865) begun by the Confederate States of America.
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the ...
Military justice is distinct from martial law, which is the imposition of military authority on a civilian population as a substitute for civil authority, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced.
Command responsibility: the war criminals of the world are tried, judged, and sentenced by the International Criminal Court at The Hague, Netherlands.. In the practice of international law, command responsibility (also superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally ...
[92] [93] [94] One of the key questions in Civil-Military Relations (CMR) theory has always been to determine under what conditions the military will intervene in the domestic politics of the nation. Most scholars agree with the theory of objective civilian control of the military (Huntington), which focuses on the separation of civil and ...
The Soldier and the State: The Theory and Politics of Civil-Military Relations is a 1957 book written by political scientist Samuel P. Huntington.In the book, Huntington advances the theory of objective civilian control, according to which the optimal means of asserting control over the armed forces is to professionalize them.