National Institute of Military Justice’s Post

"We argue that rebel courts can boost civilian support for insurgency and augment attack capacity by increasing the legitimacy of the rebellion, creating a vested interest in rebel rule, or enabling rebel coercion of the civilian population. We study the impact of the Taliban’s judiciary by leveraging cross-district and over-time variation in exposure to Taliban courts using a trajectory-balancing design. We find that rebel courts reduced civilian support for the government and increased it for the Taliban, and were associated with more attacks and more coalition casualties." A great piece by Donald Grasse, Renard Sexton, and Austin Lee Wright; published in the International Organization. https://lnkd.in/euDw9nba

🌎MILITARY JUSTICE UNCONSTITUTIONALITY The whole justification for "appropriating civilian jurisdiction" under military tribunals lies in one statement: "to deal with matters that directly affect discipline, efficiency and morale of the troops" This appears everywhere in military legislation around the world.. However, one rather central element is conspicuously missing: "justice" enforcement. The Code of Service Discipline (CSD) is the "equivalent" of the Canadian Criminal Code — yet discipline is the central element of military justice — many omissions, minor administrative breaches are punishable by life imprisonment in the military!?: https://lnkd.in/dynnGgH "Justice Can't be Sacrificed in the Name of Discipline" — Navdeep Singh and Colonel Franklin Rosenblatt Excerpt from March to Justice: Global Military Law Landmarks: "Discipline can’t override justice". "The message must not go out that one has to win ‘by hook or crook’. Justice is nobody’s personal property. Justice belongs to all of us" Navdeep opens the book with an overview where he emphasises, as also held by the Supreme Court and various High Courts, that justice cannot be sacrificed in the name of discipline. He points out that fairness and justice lead to better discipline. He also encourages young [military] officers of the government dealing with the law not to get personally enmeshed in litigation by making it an ego issue but to assist the courts at arriving at justice. The book contains contributions related to various nations, including the USA, India, Canada, UK, The Netherlands, Colombia, China, Australia, Georgia, Israel, Pakistan, Ukraine, Sri Lanka, Brazil, Denmark, Nepal and Turkey. More: https://lnkd.in/gReaWJ9 https://lnkd.in/gjCsn2B https://lnkd.in/gcYVwxb --- 🇨🇦Simply put, in Canada for exemple, in peacetime also: https://lnkd.in/eSy4PSv2 NDA (CSD) art. 129 is a catch-all to criminalize any omission, act contrary to an administrative directive; NDA (CSD) art. 130 is a catch-all to "militarize" any offence of the civil criminal code; NDA (CSD) art. 83 is a catch-all to punish up to life imprisonment any omission, act contrary to all administrative directives and orders related to military operations. *In the military, a "crime" is defined as an offence under military law. --- The military is "hyper control everywhere but justice nowhere" — Daniel J. Touchette ---

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https://lnkd.in/dccppfdt The UN Charter is the Constitutive Instrument of the United Nations signed on 26 June 1945. It is both a multilateral treaty and the constituent instrument of the United Nations which codifies the major principles of international relations from sovereign equality of states to the prohibition of the use of force to unite the strengths of the world to maintain human understanding and unity, international peace and security ensured by the acceptance of the principles mentioned perpetually in the preamble of the UN Charter.

🎓 Understanding the 'Doctrine of Sovereignty' 🌍 The concept of sovereignty remains an integral cornerstone in political theory and governance. Sovereignty, often regarded as the supreme authority within a territory, embodies the power vested in a state to govern itself without external interference. Originating from the Peace of Westphalia in 1648, this doctrine has evolved, shaping modern states and international relations. Its implications transcend borders, influencing diplomatic relations, legal frameworks, and the balance of power globally. "REX NON PROTEST PECCARE" is a Latin phrase meaning "the king cannot sin." This concept, often associated with the doctrine of royal absolutism, suggests that the king, as the supreme authority, is above the law and incapable of committing a legal wrong. It reflects the idea of absolute power vested in the monarch, where their actions are considered beyond reproach or legal challenge. In today's interconnected world, the interpretation and application of sovereignty face new challenges. From debates on human rights interventions to the impact of globalization on national autonomy, understanding and navigating sovereignty in a rapidly changing landscape is crucial for policymakers, diplomats, and global citizens alike. Let's delve deeper into this foundational principle, examining its historical significance and contemporary relevance. What are your thoughts on how the doctrine of sovereignty shapes our world today? Share your insights below! #doctorineofsovreignity #politicaltheory #globalgovernance #assistantprofessor #law #legal #legaladvice #legalinsights 🌐📚

Lt. Cmdr. J.J. Foley – from the Navy JAG Corps' National Security Law Division – recently wrote about “Multi-Domain Legal Warfare: China’s Coordinated Attack on International Rule of Law” for the Lieber Institute for Law and Warfare’s Articles of War publication. Foley’s article draws on his experiences living in China as an undergraduate and graduate student, as well as serving with the People's Liberation Amy Navy on an exchange program as an ensign in 2012.   In the article, Foley argues that China’s legal warfare strategy is a five-domain affront on peace, stability, and international order. Further, he writes that, should the U.S. fail to identify and counter increasingly aggressive Chinese legal warfare, these illegal actions could establish new international norms adversarial to U.S. interests. To counter Chinese legal warfare, Foley believes the U.S. must build relationships across agencies, engage international stakeholders, and lead the development of a campaign to counter the misuse of the law. To read the entire article click on the link: https://lnkd.in/dPwQnkEa

New addition to my reading list: Tracy Reynolds’ dissertation, from her studies at University of Adelaide. (Details in the linked article). Conflation and confusion of the comparative law applicable in different domains (space, maritime, etc) and areas (space, Antarctica, etc) is common. There are aspects of common legal heritage, parallel similarities, and truly distinct lex specialis for each. Scholarly research addressing the matter is most welcome!