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THE RULE OF LAW

ANDTHE MILITARY

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Wherever Law Ends --Tyranny Begins

John Locke

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TYPES OF LAW

• Moral

• Divine

• Natural

• Positive

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What is the Rule of Law ?

Government decisions rooted in the consent of the governed

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What is the Rule of Law ?

Taken through authoritative institutions or structures designed to

prevent tyranny

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What is the Rule of Law ?

Which protect fundamental human Which protect fundamental human rightsrights

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What is the Rule of Law ?

Subject to the appraisal of an independent judiciary

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EVOLUTION OF THE RULE OF LAW

• Universalist Empires

• Nation States

• International Law

• International Organizations

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MILESTONES

• United Nations• War Crimes Tribunals

– Nuremberg– Tokyo

• Universal Declarationof Human Rights

• War Crimes Tribunals– Yugoslavia– Rwanda

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GOVERNMENT INSTITUTIONS

• Legislative

• Executive

• Courts

• Criminal Justice

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WHY RESISTANCE???

• Legal Traditions

• Customs

• Development

• Nationalism

• Leaders

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MILITARY COMMANDER'S DILEMMA

Autonomy

Efficiency

Expediency

Mission Goals

Accountability

Standard Procedure

Legitimacy

National Goals

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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

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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

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• Civilian Control of the Military

• Liberty Based in Law • Military Decisions Founded in Law -

Not Personal Interest

BENEFITS FOR A DEMOCRACY

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• Uniformity in Treatment of the Citizen Soldiers

• Clear Guidance

• Confidence of Civilian

Government

• Enhanced Military Morale

BENEFITS FOR THE MILITARY

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