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Military law is a distinct legal system to which members of armed forces are subject. Most countries have special additional laws, and often a legal system, which are applicable to members of their military but not usually to civilians. Military law deals with issues such as; procedures for military discipline, what is or what is not a lawful command, and obligations for service personnel.
Military law, also referred to as military justice, is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. This condition is generally termed martial law, and is often declared in times of emergency, war, or civil unrest. Most countries have restrictions on when martial law can be declared, and how long it can remain.
Declaration of martial law is sometimes used by dictatorships, especially military dictatorships, to enforce their rule.
United Kingdom
The Armed Forces Act 2006 will replace the three separate Service Discipline Acts as the system of law under which the Armed Forces operate by 2008. The Armed Forces Act harmonises service law. One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organisations.
United States
Article I, Section 8 of the United States Constitution authorizes the U.S. Congress to "make rules for the government and regulation of the land and naval forces." Congress has issued these rules in the form of the now-superseded Articles of War and, at present, the Uniform Code of Military Justice.
The Uniform Code of Military Justice is federal law, found in (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an executive order issued by the President of the United States in his capacity as Commander-in-Chief of the United States armed forces.
Canada
All three branches of the Canadian Forces (CF) (i.e. Navy, Air Force, Army) are primarily governed by the National Defence Act (NDA). Section 12 of the NDA authorizes the Governor In Council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having the force of law. Since the principle of delegatus non potest delegare has not achieved rigid standing in Canada, the QR&Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within the CF to administer the day-to-day considerations of the Forces.
A JAG has headed the Canadian military legal branch since before the First World War. The branch interprets the Canadian Forces' own internal rules and code of discipline, and also international and humanitarian laws and codes of war, such as the Geneva Conventions. Since armed combat is a strictly regulated environment, legal officers are a crucial part of the planning that goes into operational decisions. The Military Law Centre on the grounds of Royal Military College of Canada, staffed with military lawyers, oversees the education of officers and troops in legal matters, trains military lawyers and advises Ottawa on matters of policy and doctrine. Legal education is integrated into the regular training that Canadian Forces members undergo. [1]
India
India has its own Army Act, Navy Act and Air Force Act. These laws define the statutory provisions as applicable to men and women in uniform. All these three Acts are available on search from the official website [1]. There are certain para military forces in India too who have laws akin to the ones applicable to defence services. This includes the Border Security Force Act, Coast Guard Act, Indo Tibetan Police Force Act and the Assam Rifles Act. All such Acts draw their inspiration from the Army Act.
References
- ^ The Whig Standard - Ontario, CA
See also
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