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Civil control can be accomplished in a number of ways, for example through complete civilian control or for a mixed civilian-military approach, for example, "typical for the British model of armed forces administration is the balanced ratio of civilian and military personnel in key ministerial positions". [5]
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems.
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 ...
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 ...
[3] Studies of civil-military relations often rest on a normative assumption that it is preferable to have the ultimate responsibility for a country's strategic decision-making to lie in the hands of the civilian political leadership (i.e. civilian control of the military) rather than a military (a military dictatorship).
Defense Support of Civil Authorities (DSCA) is the process by which United States military assets and personnel can be used to assist in missions normally carried out by civil authorities. These missions have included: responses to natural and man-made disasters, law enforcement support, special events, and other domestic activities.
The Lieber Code was the military law then applied for courts martial of American military personnel, and for litigation against the Filipino natives and against the Filipino revolutionaries fighting the U.S. occupation of the Philippine Islands; e.g. the unlawful concentration camps of General J. Franklin Bell and war-crime trial of Littleton ...
A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8 ...