International humanitarian law series ; 51. Human Rights and Humanitarian Law E-Books Online, Collection 2018, ISBN ; 9789004353312.
Civil-military relations establishes the civilian control over the military to protect democratic values. This book argues analysis of the CMR is distorted by the absence of consideration of the judicial arm, with the 'civil' seen as referring only to the executive and/or legislature. The civil courts approach to military discipline and the impact that has for CMR within - the United Kingdom, United States and Australia is investigated. The author concludes that by including the courts in the development of CMR theory militarisation of the civilian domain is discouraged. A paradigm shift acknowledging the fundamental role of all three organs of government in liberal democracies, for control of States' power is essential for genuine civilian oversight.
Formatted Contents Note
Preliminary Material Civil-Military 'Legal' Control Civil-Military 'Power' Relations The United Kingdom Discipline of Soldiers for Actions in an Occupation Zone US Institutions of Government Civilians in Combat Australian Civil-Military Relations Can Soldiers Ever be Civilians? The 'Legal' in Civil-Military Power Relations Bibliography Index.
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Print version: Civil-Military 'Legal' Relations: Where to from Here?: The Civilian Courts and the Military in the United Kingdom, United States and Australia Leiden, Boston : Brill | Nijhoff, 2018,