Military Law and Justice Essay

Pages: 4 (1367 words)  ·  Bibliography Sources: 2  ·  File: .docx  ·  Level: College Senior  ·  Topic: Military

¶ … Military Law and Military Justice?

Military justice, also known as military law is a set of procedures and laws that govern members of the armed forces. Different states have designed distinct and separate bodies of law governing their armed forces. Other states have adopted the use of special judicial in enforcing military justice (McCormack 9). Military justice has unique legal issues such as preservation of proper discipline and order, the legal nature of orders and proper conduct within members of the military force. Some states allow their system of military justice to handle civil offences, which have been committed by members of their armed forces. Military justice differs from the implementation of military authority on civilians as a form of civil authority. This is commonly referred to as martial law and is often declared in times of emergency such as civil unrest or war. Most states have restrictions as to when and how martial law should be enforced or declared (Hall 21).Download full Download Microsoft Word File
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Essay on Military Law & Justice Assignment

Military justice (military law), as a branch of law regulating the government's military force, is entirely disciplinary in nature. This penal law includes has incorporated the analogous elements of civilian criminal law. The law has many and varied sources that have considerable relationships with the constitution. However, since the public law emerged from the constitution, the primary source of the law that governs the military force has been considered the constitution (McCormack 27). Apart from the constitution, other sources have been associated with the emergence of military law. Some of these sources are written while others are unwritten that govern the military establishments, as well. The international law was the source of the law on treaties and war that affect the establishments of the military. Congress law made significant contributions to statutes of the military justice such as the uniform code. Customs and usage of the armed forces and the court system have contributed to the daily decisions in clarifying the gray areas: these have all added up to the present military law (McCormack 44).

Elucidate the Laws of War. What is a Just War?

In order for a war to qualify as a just war, it must meet a dozen of principles. First, force has been seen to be a source of destruction and many people assume that it should not be used. Therefore, need to use force must be overcome by use of viable and peaceful war alternatives. It must be made clear that the alternatives being used are fruitless and a war can be a just. Secondly, the cause of the war must be just in nature: this means that the principal aim of the war must be to correct a profound, grave, and enduring evil that might directly impair the safety or freedom of the people who are contemplating the war (McCormack 51).

Thirdly, a competent and lawful authority must consent to the use of violence. Therefore, the nation must design internal laws on the usage of military violence so that war can be part of the nation's public policy. This means that it will not be held as an artificial personal preference of the person running the government (Hall 56). The fourth principle requires that a probability of success is fundamental: this means that the cause of war must not send men and women to death. For any war to be a just war, it must use proportional force to the harm that it intends to eradicate. Therefore, the war must not cause harm to persons using military force. This is for achieving an absolute, just goal of the war. In conclusion, a just war must be fairly fought, and it should be brought to an end quickly. The above principles of a just war have been universally accepted. However, the major issue with most wars is that they tend to be more adventurist and strategic than just (McCormack 68).

What is the justification for preventive detention and torture as part of Counterterrorism (CT) operation?

Members of terrorist organizations place themselves in exceptional situations that do not allow the application of the rights granted… [END OF PREVIEW] . . . READ MORE

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Military Law and Justice.  (2012, November 23).  Retrieved May 11, 2021, from https://www.essaytown.com/subjects/paper/military-law-justice/9918082

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"Military Law and Justice."  Essaytown.com.  November 23, 2012.  Accessed May 11, 2021.
https://www.essaytown.com/subjects/paper/military-law-justice/9918082.