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THE RULE OF LAW AND THE MILITARY. Wherever Law Ends -- Tyranny Begins John Locke. TYPES OF LAW. Moral Divine Natural Positive. What is the Rule of Law ?. Government decisions rooted in the consent of the governed. What is the Rule of Law ?.

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Presentation Transcript
types of law
TYPES OF LAW
  • Moral
  • Divine
  • Natural
  • Positive
what is the rule of law
What is the Rule of Law ?

Government decisions rooted in the consent of the governed

what is the rule of law1
What is the Rule of Law ?

Taken through authoritative institutions or structures designed to prevent tyranny

what is the rule of law2
What is the Rule of Law ?

Which protect fundamental human rights

what is the rule of law3
What is the Rule of Law ?

Subject to the appraisal of an independent judiciary

evolution of the rule of law
EVOLUTION OF THE RULE OF LAW
  • Universalist Empires
  • Nation States
  • International Law
  • International Organizations
milestones
MILESTONES
  • United Nations
  • War Crimes Tribunals
    • Nuremberg
    • Tokyo
  • Universal Declaration

of Human Rights

  • War Crimes Tribunals
    • Yugoslavia
    • Rwanda
government institutions
GOVERNMENT INSTITUTIONS
  • Legislative
  • Executive
  • Courts
  • Criminal Justice
why resistance
WHY RESISTANCE???
  • Legal Traditions
  • Customs
  • Development
  • Nationalism
  • Leaders
military commander s dilemma
MILITARY COMMANDER'S DILEMMA

Autonomy

Efficiency

Expediency

Mission Goals

Accountability

Standard Procedure

Legitimacy

National Goals

the rule of law in a democracy
The Rule of Law in a Democracy
  • Constitution
  • Statutes
  • Judicial System
  • Citizens Are Aware of Their Rights
  • Police Who Respect the Rights of Citizens
  • Lawyers Who Can Assist Citizens in the Defense of Their Rights in Court.
  • Impartial Judges
slide14

The Rule of Law in Post-Conflict Societies

  • Unique Challenges caused by
      • - Social, economic, political turmoil
    • - Non-democratic rule
    • - Destructive conflicts
  • International community impact on:
  • - Unique populations
  • - Resources
  • - Locations
  • - Traditions
benefits for a democracy
BENEFITS FOR A DEMOCRACY
  • Civilian Control of the Military
  • Liberty Based in Law
  • Military Decisions Founded in Law - Not Personal Interest
benefits for the military
BENEFITS FOR THE MILITARY
  • Uniformity in Treatment of the Citizen Soldiers
  • Clear Guidance
  • Confidence of Civilian

Government

  • Enhanced Military Morale