When Military Obedience and Restrictions on War Powers Collide

A Case For Reform

Inbunden, Engelska, 2024

1 608 kr

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Beskrivning

This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents, and how the law of military obedience effectively extends the powers of officials beyond the limits of international and constitutional law. In order to mitigate the potentially devastating consequences of the abuse of military authority, the book proposes an adjustment of the legal and social role of soldiers, enabling them to disobey transgressive orders. By placing soldiers at the centre of reform, it affirms the human dignity and moral agency of servicemembers, granting them the tools they need to protect themselves against the moral injuries they could potentially suffer as a result of obeying unlawful commands. Students and scholars of constitutional law, human rights, humanitarian law, military law and public international law will find this book to be an invaluable resource. It will also be beneficial for policymakers, think-tanks and other agents of change who are concerned about the abuse of military authority.

Produktinformation

Utgivningsdatum:2024-04-16
Mått:156 x 234 x undefined mm
Format:Inbunden
Språk:Engelska
Förlag:Edward Elgar Publishing Ltd
ISBN:9781035332335

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Mer om författaren

Ellen Nohle, Legal Advisor, Diplomat and J.S.D. graduate of Yale Law School, US

Recensioner i media

‘When the legal constraints on governments’ resort to war fail, what follows for the soldiers ordered to fight? In this important new book, Ellen Nohle reframes how we ought to think about the stakes associated with governments’ freedom of military action, sheds light on the different kinds of rules that are implicated by war powers questions, and challenges longstanding presumptions regarding the nexus of human dignity, law, democracy, the military, and war. Emphasizing the public and individual costs of weaknesses in the current frameworks constraining military action, Nohle advances a compelling argument for reforms that would take seriously the agency and dignity of soldiers on matters relating to the resort to force. This is a rigorous, provocative, and humane book. It demands attention.’

Innehållsförteckning

Contents:1 Introduction (mind the gap): limited war powers andmilitary obediencePART I THE DISCONNECT BETWEEN THESOLDIER’S AND THE GOVERNMENT’SLEGAL FRAMEWORKS2 Limited government and limited war3 The soldier’s duty to obey4 Is the disconnect justified?PART II BRIDGING THE GAP BETWEEN THELAW OF MILITARY OBEDIENCE ANDRESTRICTIONS ON WAR POWERS5 The case for a legal right to disobey6 Elements of the right to disobey7 Immunity for compliance or disobedience?PART III BRIDGING THE GAP BETWEENPERCEPTIONS OF DUTY AND LEGAL DUTY TO OBEY8 The social-psychological pressure to comply with orders9 Strengthening the salience of the legal force constraints10 Conclusion: from restricted (war) powers to restrictedduty to obeyIndex