When military obedience and restrictions on war powers collide : a case for reform / Ellen Nohle (legal advisor, Diplomat and J.S.D. graduate of Yale Law School, US).
Nohle, Ellen, author.; Edward Elgar Publishing, publisher.
2024
INTERNET
Available Online

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Author Nohle, Ellen, author.
Title When military obedience and restrictions on war powers collide : a case for reform / Ellen Nohle (legal advisor, Diplomat and J.S.D. graduate of Yale Law School, US).
Published Northampton : Edward Elgar Publishing, 2024.
Call Number INTERNET
ISBN 9781035332342 (e-book)
Description 1 online resource (276 pages)
System Control No. eep9781035332342
Summary "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"-- Provided by publisher.
Bibliography, etc. Note Includes bibliographical references and index.
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Added Corporate Author Edward Elgar Publishing, publisher.
Contents: 1. Introduction (mind the gap): Limited war powers and military obedience
Part I: The disconnect between the soldier's and the government's legal frameworks
2. Limited government and limited war
3. The soldier's duty to obey
4. Is the disconnect justified?
Part II: Bridging the gap between the law of military obedience and restrictions on war powers
5. The case for a legal right to disobey
6. Elements of the right to disobey
7. Immunity for compliance or disobedience?
Part III: Bridging the gap between perceptions of duty and legal duty to obey
8. The social-psychological pressure to comply with orders
9. Strengthening the salience of the legal force constraints
10. Conclusion: From restricted (war) powers to restricted duty to obey
Index.

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