Domestic Military Powers, Law and Human Rights

Domestic Military Powers, Law and Human Rights
Author: Michael Head
Publisher: Routledge
Total Pages: 214
Release: 2019-12-05
Genre: Law
ISBN: 1000754022

This book examines the national and international law, human rights and civil liberties issues involved in governments calling out the armed forces to deal with civil unrest or terrorism. The introduction of domestic military powers has become an international trend. Troops already have been seen on the streets in major Western democracies. These developments raise major political, constitutional and related problems. Examining the changes underway in eight comparable countries—the United States, Canada, Britain, France, Italy, Germany, Japan and Australia—this book provides a review and analysis of this trend, including its implications for legal and political rights. The book will be of interest to the general public, as well as students, academics and policy-makers in the areas of human rights and civil liberties, constitutional law, criminal justice and security studies.

Domestic Deployment of the Armed Forces

Domestic Deployment of the Armed Forces
Author: Michael Head
Publisher: Routledge
Total Pages: 214
Release: 2016-05-13
Genre: Law
ISBN: 1317148509

Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators, as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.

Indian Military Domestic Deployment

Indian Military Domestic Deployment
Author: U C. Jha
Publisher:
Total Pages: 322
Release: 2018-02-06
Genre:
ISBN: 9789386457424

This book will help to enhance the understanding of the legal position of the armed forces, which is of paramount importance today due to the blurring of the lines between national security, anti-insurgency operations and law enforcement.

Military Operation and Engagement in the Domestic Jurisdiction

Military Operation and Engagement in the Domestic Jurisdiction
Author: Pauline Therese Collins
Publisher: Martinus Nijhoff Publishers
Total Pages: 447
Release: 2022-06-08
Genre: Law
ISBN: 9004468129

This book details the position in 13 countries on calling out the military in the domestic domain. A historical context along with the current position and practice is provided.

The Use of Armed Force in Occupied Territory

The Use of Armed Force in Occupied Territory
Author: Marco Longobardo
Publisher: Cambridge University Press
Total Pages: 351
Release: 2018-10-18
Genre: History
ISBN: 1108473415

Explores the use of armed force in occupied territory under different international law branches.

Democracy, Protest and the Law

Democracy, Protest and the Law
Author: Michael Head
Publisher: Taylor & Francis
Total Pages: 188
Release: 2024-03-29
Genre: Law
ISBN: 1040005020

In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. These states are frequently held up as models of liberal democracies, respecting core legal and democratic rights. However, an examination shows that they have adopted far-reaching anti-protest laws and other provisions that threaten protest rights and genuine democracy itself. This book will be of interest to all members of society, as well as students, academics and policy-makers in the fields of civil liberties and human rights, constitutional law, criminal justice, national security and environmental studies.

Armed Forces Special Power Act

Armed Forces Special Power Act
Author: Dr. U C Jha
Publisher: Vij Books India Pvt Ltd
Total Pages: 346
Release: 2015-03-01
Genre: Law
ISBN: 9384464619

The Armed Forces Special Powers Act (AFSPA) has become one of the most controversial laws, both in India and the world. A few NGOs and human rights activists have described it as draconian, alleging that it gives the armed forces unrestricted power to ‘arrest’ without warrant, ‘destroy property’ and ‘shoot to kill’, besides providing them with complete immunity. The loud and continuous clamour against the Act has drawn the attention of various international organizations. The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has recently called for the repeal of the law, stating: “AFSPA allows the state to override rights. Such a law has no role in a democracy and should be scrapped.” On the other hand, the armed forces hold that the AFSPA is necessary for tackling the growing menace of militancy and protecting their men from the unnecessary harassment caused by litigation. General V K Singh, the former chief of army staff and now a cabinet minister, has emphasized that the AFSPA is a ‘functional requirement’ of the armed forces. This is the first book in India not only to attempt a complete analysis of the various provisions of the AFSPA, but also to provide an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated, and at the same time, argues that it is equally important to safeguard the human rights of the members of the armed forces. In order to help find an amicable solution, the author makes a few recommendations for the consideration of the government and armed forces.

The Indian Yearbook of Comparative Law 2020

The Indian Yearbook of Comparative Law 2020
Author: Mathew John
Publisher: Springer Nature
Total Pages: 293
Release: 2023-12-02
Genre: Law
ISBN: 9819954673

This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

Military Justice

Military Justice
Author: White, Nigel D.
Publisher: Edward Elgar Publishing
Total Pages: 392
Release: 2022-03-10
Genre: Law
ISBN: 1789902800

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.

Mapping Evolving Internal Roles of the Armed Forces

Mapping Evolving Internal Roles of the Armed Forces
Author: Albrecht Schnabel
Publisher: Ubiquity Press
Total Pages: 75
Release: 2012-11-12
Genre: Political Science
ISBN: 191152934X

It is widely assumed, at least from a Western perspective, that the armed forces provide national defence against external threats. In reality, within many consolidated Western democracies the armed forces are assuming an increasingly wide range of internal roles and tasks. These can include domestic security roles and the provision of humanitarian assistance in situations of natural or humanitarian catastrophe, often under the command and control of different civilian agencies. This SSR Paper seeks to make sense of this complex reality. Different internal roles of armed forces are analysed, drawing on the cases of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Italy, Luxembourg, Netherlands, Norway, Spain, Sweden, the United Kingdom and the United States of America. Through carefully examining evolving internal roles and identifying patterns and lessons from these experiences, this SSR Paper provides an important contribution to understanding the evolving nature of contemporary armed forces.