| ID | 080725 |
| Title Proper | Is the military legally encircled? |
| Language | ENG |
| Author | Waters, Christopher P M |
| Publication | 2008. |
| Summary / Abstract (Note) | There is a widely held perception among members of the armed forces and
others that the military is 'legally encircled'; in other words, that regulation
and litigation by civilian actors, both domestic and international, are
preventing the military from doing its job. By contrast, this paper suggests
that the legal encirclement metaphor is misleading. The metaphor
obscures what is more accurately described as interaction between the military
and civilian legal actors, and a balancing process which occurs between
the need for distinct operational norms and the need to operate within
evolving international and domestic norms. Furthermore, the 'legal encirclement'
view ignores the fact that courts and lawmakers have been largely
deferential to - perhaps overly so - the military's core function of combat. |
| `In' analytical Note | Defence Studies Vol. 8, No.1; Mar 2008: p26-48 |
| Journal Source | Defence Studies Vol. 8, No.1; Mar 2008: p26-48 |
| Key Words | International Norms ; Military Strategy |