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Military Law Max Schoetz Jr
Marquette Law Review Volume 3 Article 5 Issue 1 Volume 3, Issue 1 (1918) Military Law Max Schoetz Jr. Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Max Schoetz Jr., Military Law, 3 Marq. L. Rev. 26 (1918). Available at: http://scholarship.law.marquette.edu/mulr/vol3/iss1/5 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MILITARY LAW MAX SCHOETZ, JR., B.A., L.L.B., DEAN MARQUETTE UNIVERSITY COLLEGE Ov LAW, PROFESSOR OV MILITARY LAW S. A. T. C. Military Law' is a well defined branch of jurisprudence. It is the body of rules and regulations that have been prescribed for the government of the army and navy and for the militia when called into active service. It applies to and includes such rules of action and conduct as are imposed by a state upon persons in its military service with a view to the establishment and mainte- nance of military discipline. It is distinguished from martial law in that (I) military law applies only to persons in the land and naval forces while martial law applies to all persons and property within the district subject to it. (2) Military law is a permanent code applicable alike in peace and war while martial law is only temporary and ceases with the necessity which brought it into existence. -
Blockchain in Defence: a Breakthrough?
Food for thought September 2020 Blockchain in defence: a breakthrough? Written by Alessia Cornella, Linda Zamengo, AN EXPERTISE FORUM CONTRIBUTING TO EUROPEAN CONTRIBUTING TO FORUM AN EXPERTISE SINCE 1953 ARMIES INTEROPERABILITY European Army Interoperability Center Alexandre Delepierre, Georges Clementz This paper was drawn up by Alessia Cornella, Linda Zamengo, Alexandre Delepierre and Georges Clementz under the supervision and guidance of Mr Mario Blokken, Director of the Permanent Secretariat. This Food for Thought paper is a document that gives an initial reflection on the theme. The content is not reflecting the positions of the member states but consists of elements that can initiate and feed the discussions and analyses in the domain of the theme. All our studies are available on www.finabel.org TABLE OF CONTENT Introduction 2 Applications and functioning of blockchain technology 4 Developments in the blockchain technology in the military around the world 13 Challenges and limitations of blockchain: Costs associated with the technology, security loopholes 19 Conclusions and recommendations 23 Bibliography 24 INTRODUCTION lockchain is set to radically change time (ComputerWorld, 2019). In other words, our way of life in the coming dec- blockchain can be described as a global online ades. That is why many authors, like database, that anyone, anywhere in the world, Marc Andreessen, considered it “one with an internet connection, can use. As a con- of the most important technologies sequence, a blockchain doesn’t belong to anyone, since the advent of the Internet.” (Finance Train, and it stores information permanently across a B2019). Based on a peer-to-peer (P2P) topology, network of personal computers. -
Martial Law and National Emergency
Order Code RS21024 Updated January 7, 2005 CRS Report for Congress Received through the CRS Web Martial Law and National Emergency Harold C. Relyea Specialist in American National Government Government and Finance Division Summary Crises in public order, both real and potential, often evoke comments concerning a resort to martial law. While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of military authority. An overview of the concept of, exercise of, and authority underlying martial law is provided in this report, which will be updated as events warrant. Occasionally, when some national emergency or crisis threatens public order in the United States, the comment is made that the President may ultimately resort to imposing martial law in order to preserve discipline and good behavior. Such was the case when it was thought that year 2000 (Y2K) technology problems might result in situations threatening life, property, or the general welfare in American society. The almost flawless transition to the year 2000, of course, rendered such an action unnecessary. More recently, at least one newspaper erroneously reported that the September 14, 2001, declaration of a national emergency by President George W. Bush in response to terrorist attacks in New York City and Washington, DC, “activated some 500 dormant legal provisions, including those allowing him to impose censorship and martial law.”1 In accordance with the requirements of the National Emergencies Act, the President’s declaration actually activated nine selective provisions of statutory law, identified in his proclamation, pertaining to military and Coast Guard personnel.2 Such comments, nonetheless, suggest a consideration of what martial law constitutes, as well as when and how it might be invoked. -
The Militarization of US Government Response to COVID-19 and What We Can Do About It About Face: Veterans Against the War March 23, 2020
National Guard troops stand by as people wait to be tested for coronavirus in New Rochelle, New York, on March 13, 2020. Timothy A. Clary/AFP via Getty Images. The Militarization of US Government Response to COVID-19 and What We Can Do About It About Face: Veterans Against the War March 23, 2020 This statement was written by Drake Logan, a civilian ally to About Face, with input on content by About Face veteran members Lisa Ling, Krystal Two Bulls, Maggie Martin, Erica Manley, Shawn Fischer, Jovanni Reyes, Matt W. Howard, Derek S. Matthews, and Ramon Mejía. Editorial guidance was provided by Clare Bayard, civilian ally to About Face. Authorship is always collective. Summary: This document outlines six broad areas of current political need and opportunity as the US government ramps up the militarization of its response to the coronavirus epidemic. About Face is an organization of post-9/11 service-members and veterans who organize to end a foreign policy of permanent war and the use of military weapons, tactics, and values in communities across the United States. We present this statement in order to generate further conversation on these points both within and beyond our organization, as well as to enter the national media conversation on coronavirus response. Please reach out to About Face if you are a member or civilian who would like to be 1 involved in media work on these issues, or if you would like to help create further independent media. We need to begin by tackling these six areas of political need and opportunity in the time of coronavirus: (1) We need to engage in and spread praxes of community-based defense instead of militarized security. -
The Imposition of Martial Law in the United States
THE IMPOSITION OF MARTIAL LAW IN THE UNITED STATES MAJOR KIRK L. DAVIES WTC QUALTPy m^CT^^ A 20000112 078 Form Approved REPORT DOCUMENTATION PAGE OMB No. 0704-0188 Public reDOrtino burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, a^^r^6<^mim\ngxh^a^BäJ, and completing and reviewing the collection of information Send comments regarding this burden estimate or any^othe aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Inforrnatior.Ope.rations and Reporte, 1215 Jefferson Davfei wShwa? Suit? 1:204 Arlington: VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Pro]ect (0704-01881, Washington, DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE REPORT TYPE AND DATES COVERED 3Jan.OO MAJOR REPORT 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS THE IMPOSITION OF MARTIAL LAW IN UNITED STATES 6. AUTHOR(S) MAJ DAVIES KIRK L 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER JA GENERAL SCHOOL ARMY 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORING/MONITORING AGENCY REPORT NUMBER THE DEPARTMENT OF THE AIR FORCE AFIT/CIA, BLDG 125 FY99-603 2950 P STREET WPAFB OH 45433 11. SUPPLEMENTARY NOTES 12a. DISTRIBUTION AVAILABILITY STATEMENT 12b. DISTRIBUTION CODE Unlimited distribution In Accordance With AFI 35-205/AFIT Sup 1 13. ABSTRACT tMaximum 200 words) DISTRIBUTION STATEMENT A Approved for Public Release Distribution Unlimited 14. SUBJECT TERMS 15. NUMBER OF PAGES 61 16. -
Politics After a Nuclear Crisis
Politics after a Nuclear Crisis by Brian Martin Depamnent of Science and Technology Studies University of Wollongong Contained in the legal systems of almost all modern liberal democratic states is the provision for extraordinary executive power to be exercised in emergen- cies. This power is variously called martial law, state of seige, constitutional emergency powers, and constitutional dictatorship. This power is designed for use both in the event of war and in the face of civil unrest, and many govern- ments make extensive preparations for these contingencies. Considering the scope and impact of constitutional emergency powers, remarkably little attention has been given to them by either supporters or critics of state power. One of the main reasons is that the problem seems remote in the lulls between emergencies, and also disturbing: Politicians certainly have nothing to gain by raising the issue.' The 1980s saw an enormous upsurge in attention to the problem of nuclear war. Yet while accounts of the physical effects of nuclear war have been innum- erable, there has been little mention of the likely political aftermath of a nuclear crisis or war: the problem of constitutional dictatorship in the nuclear age. This topic is my concern here. To justify the examination of politics during and after a nuclear crisis or war, it is first necessary to show the significant possibility that these can occur without total destruction of human society. That is my first task. After a mention of some of the connections between war and political economy, I focus on "war dictator- ship," namely, the subordination of societies to authoritarian states, which is a likely political consequence of nuclear crisis. -
Martial Law in India: the Deployment of Military Under the Armed Forces Special Powers Act, 1958
\\jciprod01\productn\S\SWT\24-1\SWT104.txt unknown Seq: 1 12-MAR-18 7:17 MARTIAL LAW IN INDIA: THE DEPLOYMENT OF MILITARY UNDER THE ARMED FORCES SPECIAL POWERS ACT, 1958 Khagesh Gautam* ABSTRACT: The question for inquiry in this article is whether the key provi- sions of the Armed Forces Special Powers Act, 1958 (“AFSPA”), an Indian Parliamentary legislation, amount to a de facto proclamation of Martial Law in India. The constitutional validity of AFSPA has been upheld by a unanimous constitution bench of five judges of the Supreme Court of India. But the AFSPA has not yet been examined from the Martial Law perspective. In order to engage in this inquiry, this article briefly traces the development of the idea of Martial Law and argues that military acting independent of the control of civilian authorities is the most important feature of Martial Law. This article also argues that in order for a geographical area to be under Martial Law, there is no need to have a formal promulgation of the same. In other words, an area can be under Martial Law without formally be- ing so declared. They key feature to note is whether the military is acting independent of the civilian control or not. The AFSPA is then analyzed from this angle and it is concluded that when the AFSPA becomes applicable to any area in India, that area is under de facto Martial Law. The question of whether or not the Indian Constitution impliedly or expressly authorizes the proclamation of Martial Law is * Stone Scholar, LL.M. -
Lessons-Encountered.Pdf
conflict, and unity of effort and command. essons Encountered: Learning from They stand alongside the lessons of other wars the Long War began as two questions and remind future senior officers that those from General Martin E. Dempsey, 18th who fail to learn from past mistakes are bound Excerpts from LChairman of the Joint Chiefs of Staff: What to repeat them. were the costs and benefits of the campaigns LESSONS ENCOUNTERED in Iraq and Afghanistan, and what were the LESSONS strategic lessons of these campaigns? The R Institute for National Strategic Studies at the National Defense University was tasked to answer these questions. The editors com- The Institute for National Strategic Studies posed a volume that assesses the war and (INSS) conducts research in support of the Henry Kissinger has reminded us that “the study of history offers no manual the Long Learning War from LESSONS ENCOUNTERED ENCOUNTERED analyzes the costs, using the Institute’s con- academic and leader development programs of instruction that can be applied automatically; history teaches by analogy, siderable in-house talent and the dedication at the National Defense University (NDU) in shedding light on the likely consequences of comparable situations.” At the of the NDU Press team. The audience for Washington, DC. It provides strategic sup- strategic level, there are no cookie-cutter lessons that can be pressed onto ev- Learning from the Long War this volume is senior officers, their staffs, and port to the Secretary of Defense, Chairman ery batch of future situational dough. The only safe posture is to know many the students in joint professional military of the Joint Chiefs of Staff, and unified com- historical cases and to be constantly reexamining the strategic context, ques- education courses—the future leaders of the batant commands. -
Operation Pacific Eagle-Philippines
OPERATION PACIFIC EAGLE-PHILIPPINES OCTOBER 1, 2019-DECEMBER 31, 2019 OPE-P IN BRIEF This report submitted by the Lead Inspector General for Operation Pacific Eagle-Philippines (OPE-P) summarizes the quarter’s key events and oversight of the U.S. mission to support the Armed Forces of the Philippines (AFP) in their fight against ISIS-East Asia (ISIS-EA) and other violent extremist organizations (VEO). Terrorists Conduct Coordinated Failed Marawi Reconstruction Attacks and Combat the AFP pp. 6-7 Stokes Public Anger pp. 13-15 • Terrorists coordinated explosive attacks in Cotabato City • Many areas of Marawi have been uninhabitable since the and 2 nearby towns, wounding 17 people, the day before 2017 attack by ISIS-EA. Philippine President Duterte’s visit to the area. • Reconstruction has been delayed by multiple government • The AFP engaged in heavy fighting with VEOs on Mindanao in corruption scandals. November and December. • Government requirements have delayed returns to cleared • AFP operations overran 12 terrorist camps, killed 7 areas of the city, and only 20% of building permit terrorist fighters, and recovered caches of weapons. applications have been approved. • The AFP stopped an attempted suicide bombing in Indanan, • The U.S. Embassy in Manila stated that these delays have Sulu, killing 3 fighters, including 2 Egyptians. fueled popular anti-government sentiments and contributed to terrorist recruitment. U.S. Support to the AFP Includes Internally Displaced Persons (IDP) and ISR, Casualty Evacuation, Causes in the Southern Philippines p. 15 and Training pp. 9-10 • 2017 Marawi conflict: 70,000 IDPs • U.S. intelligence, surveillance, and reconnaissance (ISR) • Conflict between AFP and VEOs this quarter: 49,150 IDPs assistance helped the Philippine security forces neutralize 2 “significant targets.” • Earthquakes this quarter: 182,750 IDPs • U.S. -
Originalism and a Forgotten Conflict Over Martial Law
Copyright 2019 by Bernadette Meyler Printed in U.S.A. Vol. 113, No. 6 ORIGINALISM AND A FORGOTTEN CONFLICT OVER MARTIAL LAW Bernadette Meyler ABSTRACT—This Symposium Essay asks what a largely forgotten conflict over habeas corpus and martial law in mid-eighteenth-century New York can tell us about originalist methods of constitutional interpretation. The episode, which involved Abraham Yates, Jr.—later a prominent Antifederalist—as well as Lord Loudoun, the commander of the British forces in America, and New York Acting Governor James De Lancey, furnishes insights into debates about martial law prior to the Founding and indicates that they may have bearing on originalist interpretations of the Suspension Clause. It also demonstrates how the British imperial context in which the American colonies were situated shaped discussions about rights in ways that originalism should address. In particular, colonists argued with colonial officials both explicitly and implicitly about the extent to which statutes as well as common law applied in the colonies. These contested statutory schemes should affect how we understand constitutional provisions: for example, they might suggest that statutes pertaining to martial law should be added to those treating habeas corpus as a backdrop against which to interpret the Suspension Clause. Furthermore, the conflict showed the significance to members of the Founding generation of the personnel applying law, whether military or civilian, rather than the substantive law applied; this emphasis could also be significant -
1 the Puzzle of Martial Law David Dyzenhaus1 in a Truly Violent
The Puzzle of Martial Law David Dyzenhaus1 In a truly violent, authoritarian situation, nothing is more revolutionary than the insistence of a judge that he exercises …a “jurisdiction” [to sit in judgment over those who exercise extralegal violence in the name of the state]—but only if that jurisdiction implies the articulation of legal principle according to an independent hermeneutic. The commitment to a jurisgenerative process that does not defer to the violence of administration is the judge’s only hope of partially extricating himself from the violence of the state.2 Robert Cover Introduction Martial law was much invoked by those who maintained the British empire, as they sought to defend settler enclaves in seas of much more numerous and often very hostile local populations. In invoking it, they drew on examples from England’s own history when martial law was invoked to facilitate the executive’s suppression of internal challenge, and on very recent examples from Ireland, the colony closest to the imperial centre. While it is not invoked today, it has clear analogues in declarations of states of emergency, in legislative delegations of authority of virtually unlimited scope to the executive to deal with threats to national security, and in executive assertions of inherent jurisdiction to respond as the executive sees fit to such threats. 1 Martial law presents a puzzle, one raised also by its analogues, in that a proclamation of martial law combines two contradictory features of law. To use Robert Cover’s terminology, a proclamation of martial law attempts at one and the same time to do two things. -
The Notion of Military Administration
ROCZNIK BEZPIECZEŃSTWA MORSKIEGO ROK XIII – 2019 Ryszard Szynowski Akademia WSB THE NOTION OF MILITA R Y ADMINISTRATION ABSTRACT The following article refers to the notion of military administration. The cognitive procedure was focused around the definition of “military administra- tion”, and research was focused on recognizing the elementary facts that are related to this notion. The aim of the article is to present and organize the most important methodological approaches that refer to the notion of “military administration”. To achieve this goal, the method of document examination was employed, which made it possible to accumulate, sort, describe and scientifically interpret the issues of military administration. By pinpointing and justifying the problem, a stance was taken in the face of the views of other authors, who considered all the aspects of “military administration”. From a scientific point of view, the topic described below and the attempt at defining the notion of “military ad- ministration” can lead to conclusions which have not been a topic of discussion for many years. Key words: military administration, government administration, National De- fence Minister, National Defence Ministry. INTRODUCTION The Armed Forces of the Republic of Poland [Siły Zbrojne Rzeczypo- spolitej Polskiej (SZ RP)] are obliged to prevent and counteract external threats. Because of the human resource, a proven directorial structure, equip- ment and training, the Armed Forces of the Republic of Poland are also trained to support the counteracting, fighting and removing the aftermath of existing crisis situations. For operational efficiency in times of peace, crisis and war, the 1 Ryszard Szynowski existence of military administration is crucial, as well as its co-operation with other public administration organs.