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When Military Obedience and Restrictions on War Powers Collide: A Case For Reform

When Military Obedience and Restrictions on War Powers Collide: A Case For Reform

Author: Ellen Nohle
Publisher: Edward Elgar Publishing
ISBN: 9781035332335
Published In: April 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Introduction (mind the gap): limited war powers and military obedience

PART I. THE DISCONNECT BETWEEN THE SOLDIER’S AND THE GOVERNMENT’S LEGAL FRAMEWORKS

Limited government and limited war

The soldier’s duty to obey

Is the disconnect justified?

PART II. BRIDGING THE GAP BETWEEN THE LAW OF MILITARY OBEDIENCE AND RESTRICTIONS ON WAR POWERS

The case for a legal right to disobey

Elements of the right to disobey

Immunity for compliance or disobedience?

PART III. BRIDGING THE GAP BETWEEN PERCEPTIONS OF DUTY AND LEGAL DUTY TO OBEY

The social-psychological pressure to comply with orders

Strengthening the salience of the legal force constraints