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Military Tribunals
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Book Synopsis Military Tribunals and Presidential Power by : Louis Fisher
Download or read book Military Tribunals and Presidential Power written by Louis Fisher and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Book Synopsis Reassessing the Nuremberg Military Tribunals by : Kim C. Priemel
Download or read book Reassessing the Nuremberg Military Tribunals written by Kim C. Priemel and published by Berghahn Books. This book was released on 2012-08-30 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949.
Book Synopsis Military Justice by : Eugene R. Fidell
Download or read book Military Justice written by Eugene R. Fidell and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military Justice: Cases and Materials gives teachers a new and powerful tool to introduce students to military law while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time when the tempo of military operations around the world seems to increase constantly and high-profile courts-martial dominate the headlines, this book gives students and teachers unprecedented the tools needed to analyze, understand, and evaluate worldwide military justice. With prosecutions arising from prisoner abuse, atrocities against civilians, and servicemembers' opposition to ongoing wars, the military justice system now has a prominence unmatched since the Vietnam era. This higher profile for courts-martial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook provides the text for such a course. Its coverage of the U.S. court-martial and other systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society. In an era of worldwide deployments, multi- national operations, and global terrorism, this book illuminates the interconnectedness of military justice systems through a far- ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students' appreciation of both the unique American experience and the availability of alternative approaches to military discipline, accountability, and punishment. International norms are also examined. Part I, Foundations, sets the stage by exploring the origins and purposes of military justice, pointing out the many sources of law that govern this area, analyzing the u
Book Synopsis Manual for Courts-martial United States, 1951 by : United States. Department of Defense
Download or read book Manual for Courts-martial United States, 1951 written by United States. Department of Defense and published by . This book was released on 1951 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This pamphlet contains a short history of the preparation of the Manual ... together with brief discussions of the legal and legislative considerations involved in the drafting of the book."--Pref.
Book Synopsis Extraordinary Justice by : Peter Judson Richards
Download or read book Extraordinary Justice written by Peter Judson Richards and published by NYU Press. This book was released on 2007-06-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Al-Qaeda terror attacks of September 11, 2001, aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or “commissions” for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions, most recently Hamdan v. Rumsfeld. At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the “Great War,” and Allied practices during the Second World War. Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.
Book Synopsis The Nuremberg Military Tribunals and the Origins of International Criminal Law by : Kevin Jon Heller
Download or read book The Nuremberg Military Tribunals and the Origins of International Criminal Law written by Kevin Jon Heller and published by Oxford University Press on Demand. This book was released on 2011-06-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive legal analysis of the twelve war-crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMT). The judgments these Tribunals produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand genocide, crimes against humanity, and the crime of aggression. The trials are of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than the main Nuremberg Trial (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMT, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. This book starts by tracing the history of the NMT. It then discusses the law and procedure applied by the NMT, with a focus on the important differences between Control Council Law No. 10 and the Nuremberg Charter and on the protection of the defendants' right to a fair trial. The third section, the heart of the book, provides a systematic analysis of the NMT's jurisprudence. It covers Law No. 10's core crimes, crimes against peace, war crimes, and crimes against humanity, as well as the crimes of conspiracy and membership of a criminal organization. This section also analyzes the general principles of liability that the Tribunals applied and on the defenses they did -and did not- recognize. The final section of the book deals with the aftermath of the trials and their historical legacy.
Book Synopsis Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond by : Chris Bray
Download or read book Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond written by Chris Bray and published by W. W. Norton & Company. This book was released on 2016-05-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely, provocative account of how military justice has shaped American society since the nation’s beginnings. Historian and former soldier Chris Bray tells the sweeping story of military justice from the earliest days of the republic to contemporary arguments over using military courts to try foreign terrorists or soldiers accused of sexual assault. Stretching from the American Revolution to 9/11, Court-Martial recounts the stories of famous American court-martials, including those involving President Andrew Jackson, General William Tecumseh Sherman, Lieutenant Jackie Robinson, and Private Eddie Slovik. Bray explores how encounters of freed slaves with the military justice system during the Civil War anticipated the civil rights movement, and he explains how the Uniform Code of Military Justice came about after World War II. With a great eye for narrative, Bray hones in on the human elements of these stories, from Revolutionary-era militiamen demanding the right to participate in political speech as citizens, to black soldiers risking their lives during the Civil War to demand fair pay, to the struggles over the court-martial of Lieutenant William Calley and the events of My Lai during the Vietnam War. Throughout, Bray presents readers with these unvarnished voices and his own perceptive commentary. Military justice may be separate from civilian justice, but it is thoroughly entwined with American society. As Bray reminds us, the history of American military justice is inextricably the history of America, and Court-Martial powerfully documents the many ways that the separate justice system of the armed forces has served as a proxy for America’s ongoing arguments over equality, privacy, discrimination, security, and liberty.
Book Synopsis Secret Trials and Executions by : Barbara Olshansky
Download or read book Secret Trials and Executions written by Barbara Olshansky and published by Seven Stories Press. This book was released on 2011-01-04 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.
Book Synopsis Military Justice is to Justice as Military Music is to Music by : Robert Sherrill
Download or read book Military Justice is to Justice as Military Music is to Music written by Robert Sherrill and published by . This book was released on 1970 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Military Justice in the Modern Age by : Alison Duxbury
Download or read book Military Justice in the Modern Age written by Alison Duxbury and published by Cambridge University Press. This book was released on 2016-08-04 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.
Book Synopsis Military Justice: A Very Short Introduction by : Eugene R. Fidell
Download or read book Military Justice: A Very Short Introduction written by Eugene R. Fidell and published by Oxford University Press. This book was released on 2016-09-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantánamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country.
Book Synopsis A Treatise on the Military Law of the United States by : George Breckenridge Davis
Download or read book A Treatise on the Military Law of the United States written by George Breckenridge Davis and published by New York : J. Wiley and Sons. This book was released on 1913 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis In the Name of Necessity by : Marouf Hasian
Download or read book In the Name of Necessity written by Marouf Hasian and published by University Alabama Press. This book was released on 2005-10-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the ways American leaders have justified the use of military tribunals, the suspension of due process, and the elimination of habeas corpus Though the war on terrorism is said to have generated unprecedented military situations, arguments for the Patriot Act and military tribunals following 9/11 resemble many historical claims for restricting civil liberties, more often than not in the name of necessity. Marouf Hasian Jr. examines the major legal cases that show how various generations have represented the need for military tribunals, and how officials historically have applied the term “necessity.” George Washington cited the necessity of martial discipline in executing the British operative Major André. Tribunals tried and convicted more than 200 Sioux warriors during the Dakota Wars. President Lincoln suspended habeas corpus for many civilian and military prisoners during the Civil War. Twentieth Century military and civilian leaders selectively drafted their own codes, leading to the execution of German saboteurs during World War II. Further, General MacArthur’s tribunal to investigate the wartime activities of Japanese General Yamashita raised the specter of “victor’s justice,” anticipating the outcry that attended the Nuremberg trials. In those cases as in current debates about the prosecution of terrorists, Hasian argues that the past is often cited selectively, neglecting historical contexts and the controversies these cases engendered.
Book Synopsis Soviet Judgment at Nuremberg by : Francine Hirsch
Download or read book Soviet Judgment at Nuremberg written by Francine Hirsch and published by Oxford University Press. This book was released on 2020-04-23 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organized in the immediate aftermath of World War II to try the former Nazi leaders for war crimes, the Nuremberg trials, known as the International Military Tribunal (IMT), paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this immersive new history of the trials, a central piece of the story has been routinely omitted from standard accounts: the critical role that the Soviet Union played in making Nuremberg happen in the first place. Hirsch's book reveals how the Soviets shaped the trials--only to be written out of their story as Western allies became bitter Cold War rivals. Soviet Judgment at Nuremberg offers the first full picture of the war trials, illuminating the many ironies brought to bear as the Soviets did their part to bring the Nazis to justice. Everyone knew that Stalin had originally allied with Hitler before the Nazi invasion of the Soviet Union. The Molotov-Ribbentrop Pact of 1939 hung heavy over the courtroom, as did the suspicion among the Western prosecutors and judges that the Soviets had falsified evidence in an attempt to pin one of their own war crimes, the Katyn massacre of Polish officers, on the Nazis. It did not help that key members of the Soviet delegation, including the Soviet judge and chief prosecutor, had played critical roles in Stalin's infamous show trials of the 1930s. For the lead American prosecutor Robert H. Jackson and his colleagues, Soviet participation in the Nuremberg Trials undermined their overall credibility and possibly even the moral righteousness of the Allied victory. Yet Soviet jurists had been the first to conceive of a legal framework that treated war as an international crime. Without it, the IMT would have had no basis for judgment. The Soviets had borne the brunt of the fighting against Germany--enduring the horrors of the Nazi occupation and experiencing almost unimaginable human losses and devastation. There would be no denying their place on the tribunal, nor their determination to make the most of it. Once the trials were set in motion, however, little went as the Soviets had planned. Soviet Judgment at Nuremberg shows how Stalin's efforts to direct the Soviet delegation and to steer the trials from afar backfired, and how Soviet war crimes became exposed in open court. Hirsch's book offers readers both a front-row seat in the courtroom and a behind-the-scenes look at the meetings in which the prosecutors shared secrets and forged alliances. It reveals the shifting relationships among the four countries of the prosecution (the U.S., Great Britain, France, and the USSR), uncovering how and why the Palace of Justice in Nuremberg became a Cold War battleground. In the process Soviet Judgment at Nuremberg offers a new understanding of the trials and a fresh perspective on the post-war movement for human rights.
Book Synopsis A Treatise on the Military Law of the United States by : George Breckenridge Davis
Download or read book A Treatise on the Military Law of the United States written by George Breckenridge Davis and published by . This book was released on 1898 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Annual Report Submitted to the Committees on Armed Services of the Senate and of the House of Representatives and to the Secretary of Defense and the Secretaries of the Departments of the Army, Navy, Air Force, and Treasury, Pursuant to the Uniform Code of Military Justice for the Period ... by : United States. Court of Military Appeals
Download or read book Annual Report Submitted to the Committees on Armed Services of the Senate and of the House of Representatives and to the Secretary of Defense and the Secretaries of the Departments of the Army, Navy, Air Force, and Treasury, Pursuant to the Uniform Code of Military Justice for the Period ... written by United States. Court of Military Appeals and published by . This book was released on 1968 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Military Tribunals and International Crimes by : John Alan Appleman
Download or read book Military Tribunals and International Crimes written by John Alan Appleman and published by Praeger. This book was released on 1971 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the proceedings of war crime trials and the justification behind the international law of war.
