Questions tagged [military]
Questions concerning military laws, regulations and rules and those subject to them. Use the appropriate tag when questions pertain to specific countries and/or jurisdictions.
122 questions
0
votes
1
answer
121
views
Are Military Courts Bound by Executive-branch Legal Determinations?
Some lawmakers recently released a viral video telling military personnel that they have a duty to disobey unlawful orders. At issue is a recent series of lethal boat strikes on civilian targets, ...
- 188
13
votes
3
answers
2k
views
Is there a difference in military court proceedings that would make it easier to convict the "seditious" congress members?
The US Department of War has announced that it will be launching an investigation into former Navy member Sen. Mark Kelly (D-AZ), over his recent participation in a video with five other congress ...
- 231
27
votes
2
answers
4k
views
Is there a justification in international law for killing civilians who may reveal military operations?
It is reported that US forces targeted and killed North Korean civilians during an operation and that this was within military rules of engagement. Is this compatible with international law such as ...
- 1,407
1
vote
1
answer
94
views
Indian Evidence Act and Court-martials
Indian Evidence Act, 1872
Short title, extent and commencement
This Act may be called the Indian Evidence Act, 1872.
2 It extends to the whole of India 3 [Except the State of Jammu and
Kashmir] and ...
- 163
8
votes
1
answer
2k
views
Can one get stripped of one's Russian citizenship if one doesn't sign some military contract?
In one raid, a military officer reportedly accompanied police to hand out conscription notices directly. Activists say authorities are also targeting naturalized citizens who have obtained Russian ...
- 8,967
1
vote
2
answers
574
views
If one NATO country were to attack another one, would Article 5 allow/compel the other NATO countries to counterattack the attacking NATO country?
My question is pretty much captured in the title.
The most famous article of the North Atlantic Treaty by far is Article 5, which states that
an armed attack against one or more [NATO parties] shall ...
- 1,217
16
votes
2
answers
6k
views
Military Loyalty in a Constitutional Crisis
The U.S. Constitution establishes provisions to structure governance and prevent the abuse and concentration of power, including:
Article I, Section
8 –
Grants Congress power to regulate the military....
6
votes
1
answer
835
views
Is there any reported instance of a member of the U.S. military disobeying an order on the grounds that it was unlawful?
My understanding is that members of the United States military are legally required to obey all lawful orders and to disobey all unlawful orders. (Obviously this could get very tricky in practice, ...
- 1,217
-6
votes
2
answers
166
views
The Powers of the President and military aid - giving away nuclear weapons
Suppose the president of the United States ha a meeting with the head of Russia and the head of the Ukraine. He told both individuals that they should sign the peace treaty he prepared. He also tells ...
- 1,913
-4
votes
1
answer
688
views
Under what circumstances can dispatched fighter jets shoot down an aircraft full of alive passengers?
Under what circumstances may fighter jet(s) shoot down a commercial airliner full of passengers/occupants? Even if there's a suspected hijacking, can the air force simply just kill off all occupants ...
- 113
1
vote
1
answer
110
views
Working two positions (one being an interim lead in a totally separate office) at the same federal workplace while only being paid for original job
There's a lot of factors here, but I'll simplify everything the best I can... So I have a friend who works as a civilian for the US Military (in Maryland), and has been working the job for 2 years and ...
4
votes
1
answer
674
views
Why is Haji Najibullah's case being heard in federal court in the Southern District of NY?
I have read this article a few times and am unable to distill upon what basis that a civilian federal court has jurisdiction to hear this case.
As I understand things, the facts are as follows:
The ...
- 2,798
21
votes
5
answers
7k
views
Are US enlisted personnel (as opposed to officers) required, or allowed, to disobey unlawful orders?
In a comment on Does Justice Sotomayor's "Seal Team 6" example, in and of itself, explicitly give the President the authority to execute opponents? If not, why not?, user jesse_b writes, ...
- 33k
-4
votes
1
answer
183
views
A Major is confused / lied too
Corporal Jones is told by his sergeant to take private Smith and go dig a big hole using hand shovels. Jones and Smith are not happy digging this big hole by hand. They feel it is best done using ...
- 1,913
1
vote
1
answer
279
views
Can a state governor mobilize militias other than the National Guard?
A state governor acts as that state's Commander in Chief and gets full and ultimate control over the state's militia(except when that militia is federalized). In the modern day, "state militia&...
- 31
2
votes
1
answer
2k
views
Which countries have an agreement with the US that specifically exempts dual nationals from induction into the US military in the event of a draft?
I was reading the "Dual Nationals" section on Selective Service System's website, found here. It states that some dual nationals would be exempt from induction into the military in the event ...
- 21
0
votes
2
answers
142
views
Will I get denaturalized if I go to a medical school in Taiwan that is military-affiliated? [closed]
As a naturalized US citizen, I'm interested in understanding the potential repercussions, such as denaturalization or revocation, if I choose to attend a medical school in my home country of Taiwan, ...
- 1
-3
votes
1
answer
141
views
I read Israel seeks advice for its military strikes, so if Israel is committing war crimes, then what does this mean?
Related: How is Israel's situation vs Hamas in Gaza/Palestine remarkable when it comes to evidence?
Re the ongoing Israel vs Hamas war, I've been reading about some principles of war / ...
- 969
1
vote
1
answer
300
views
In Blackadder Goes Forth, Corporal Punishment, Captain Darling (Counsel for Prosecution) is a defense witness. Is this allowed in a court martial?
https://www.youtube.com/watch?v=2_tdLCFRaPY&t=152s
Basically, Lieutenant George (accidentally called to be the defense counsel, because Baldrick sent for the wrong person) tries to get Captain ...
- 1,225
3
votes
1
answer
347
views
Accidental intrusion into military airspace
Welcome to Germany, where we have Military installations designated as "Militärischer Sperrbezirk" (MSB), that are closed to the public. For example, a shooting range or training ground is ...
- 52.7k
-2
votes
1
answer
273
views
Revolutionary war pensions
In Volume 1 of the statutes at large, it mentions the revolutionary war pensions. Most of these were never paid, and due to judgment interest if the law was enforced today the damages would be in the ...
- 1
14
votes
2
answers
4k
views
How many separate judicial systems are there in the United States?
At minute 17:30 of this video https://www.youtube.com/watch?v=lJOpSkyBl2Y the lecturer claims there are 51 separate court systems.
But I count at least 52: 50 states, the federal system, and ...
- 167
2
votes
1
answer
120
views
Can I avoid military service in Latvia if I am studying at universty
Latvia has updated its conscription laws, stating that individuals aged 18 to 27 must undergo military service. If you're starting university soon, can you avoid conscription?
user53446
1
vote
2
answers
642
views
Can the USAF legally prevent me from walking on the beach waterline?
TL;DR: Do I have a right to walk on the beach at Eglin Air Force Base if I don't stray from the water's edge?
I've been walking along the beach in Florida for years. Part of my route used to take me ...
1
vote
1
answer
107
views
Does Posse Comitatus Apply To Errant Military Personnel?
There is currently a manhunt underway for an Army Reservist who is suspected of having perpetrated a mass shooting in Maine.
To avoid the fine details of reservist status v. active duty military, ...
- 261k
2
votes
2
answers
245
views
In the 1920s, who would the US government hire to investigate damaged and missing Navy ships?
I'm participating in a Call of Cthulhu game set in New York in 1924 and I'm considering making a character who's an insurance agent hired by the US government to look into missing and damaged Navy ...
- 21
6
votes
2
answers
639
views
Is it legal for a US military servicemember to disobey a lawful order that they reasonably believed was unlawful?
In the US military (and I would assume all militaries?) a servicemember must obey an order from a superior officer if the order is lawful; however, if complying would require the commission of a crime,...
- 17.6k
3
votes
1
answer
128
views
Russian army refuses to demobilize a conscript on demobilization day?
Suppose someone joined the Russian army as a conscript in Rostov-on-Don. But on their demobilization day, they are told they will not be demobilized and instead will be held "until further ...
- 147
-5
votes
1
answer
157
views
Law governing federal use of the National Guard [closed]
Consider the following hypothetical:
The President learns that China is going to arm Russia with weapons in its war in Ukraine. The United States, unlike Russia, is not on a war footing. Its economy ...
3
votes
2
answers
351
views
How is the 'right to life' reconciled with the legal authority of military officers? (to issue orders that will cause deaths)
I'm not familiar with the academic or practical debates for this topic so I would like to ask it here.
The closest related was this decision of the German supreme court regarding plane shootdowns: ...
- 352
4
votes
1
answer
830
views
Does the Posse Comitatus Act Apply To The U.S. Space Force?
In 1956, the Posse Comitatus Act was adopted. It made it a crime to use the Army to enforce U.S. law in the United States in the absence of an invasion or insurrection. (The law itself is discussed ...
- 261k
5
votes
1
answer
352
views
Would it be legal for an American to hack Russian military infrastructure to aid Ukraine?
I am an American citizen located in the US. Suppose I wanted to hack Russian military infrastructure and disable it in order to aid Ukraine. Would this be legal?
- 17.6k
1
vote
3
answers
3k
views
Are dual citizens usually exempt from military service?
There was a recent statement by the Russian state news agency TASS that due to a new decree by Putin dual citizens can be drafted into the Russian army. This seems to imply that before this decree ...
- 4,619
1
vote
1
answer
378
views
Limits of navy jurisdiction/authority in international waters
Once and then I read news about US navy stopping, searching and even sinking commercial vessels flowing non-US ensign (most recently Iranian). Sometimes news regard navy vessels not conforming to ...
- 621
3
votes
2
answers
184
views
Legality of battle advice to non American military
Is it legal to directly advise or become advisor to a military in a war in which America is neutral?
Would the act itself be punishable by loss of citizenship?
- 31
1
vote
1
answer
253
views
When unmanned objects, such as satellites, are used for military purposes, do they become valid military targets according to international law?
In the current conflict in Ukraine there has been some speculation that Russia may try to knock out or disable satellites used in support of the Ukrainian army.
Notably, large civilian constellations ...
- 352
2
votes
1
answer
151
views
Is a civilian protected by law of war if they may provide a vital information to their military and cannot be detained?
The general rule is that civilians are protected persons in military conflicts. But civilian casualties can be excused if associated with military necessity.
I can easily imagine a situation, in ...
- 621
1
vote
0
answers
48
views
Was Pakistan's supreme court in a position to prevent military generals from taking oaths as presidents?
According to Wikipedia, Gen. Zia-ul-Haq and Gen. Pervez Musharraf appointed themselves as martial law administrators in the late 1970s and late 1990s respectively, and then, after one or two years, ...
- 772
35
votes
3
answers
10k
views
Can prisoners of war be exchanged against their will?
Assume the following situation:
You live under an authoritarian regime.
Your country is at war with another country, which has a far more favorable human rights record.
Your attitude of your regime ...
- 481
2
votes
0
answers
98
views
To what extent can a company sponsor the military?
In the show "Space Force", the underfunded branch of the military makes a sponsorship deal with a company in order to raise some funds, where the general participates in a commercial and ...
- 21
34
votes
1
answer
6k
views
Can Prince Harry wear the uniforms of his former units?
It's been in the news recently that Prince Harry has been banned from wearing a military uniform at the events surrounding the late Queen's funeral, since he was stripped of his honorary military ...
- 2,390
3
votes
1
answer
412
views
Is an officer's testimony in a military court considered coerced and thus inadmissible in criminal court proceedings?
I was watching a Law and Order SVU episode which involves two court proceedings.
The first is an article 32 hearing which is introduced in the episode as the military equivalent of grand jury. ...
- 284
0
votes
1
answer
38
views
How does CAATSA work?
How does the Countering America's Adversaries Through Sanction Act, P.L. 115-44 (August 2, 2017) (CAATSA) work? Why can't the US sanction every importer of Russian arms across the board? Arms exports ...
- 1,228
1
vote
2
answers
604
views
What's the intent of the false flag law?
From International Committee of the Red Cross - Practice Relating to Rule 62. Improper Use of Flags or Military Emblems, Insignia or Uniforms of the Adversary:
According to custom, it is permissible ...
- 969
2
votes
1
answer
1k
views
Did Sokka commit the war crime of false flag? (ATLA S01E17)
Asked on Scifi SE initially.
Based on Avatar The Last Airbender S01E17, Sokka is ostensibly a war criminal, at least based on our laws. See eg here and here.
From International Committee of the Red ...
- 969
2
votes
4
answers
504
views
Why is equality under the law, the ideal? Shouldn't high ranking government and military officials be given greater benefit of the doubt, trust, etc.?
I've always found the concept of 'equality under the law' to be self-contradictory in any society when there are very clear hierarchies in the same society, with explicit privileges granted as one ...
- 352
-4
votes
1
answer
229
views
Does John Demjanjuk ruling theoretically jeopardize members of the US armed forces residing on German soil as parts of a "mass murder machine"?
Does this decision/ruling mean that an American soldier can not safely cross German soil due to universal jurisdiction? Practically speaking given the international political dynamics I don't suppose ...
10
votes
2
answers
2k
views
Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
Has any military personnel servicing a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
Democratic is of course a gray scale so give that condition the ...
- 753
4
votes
1
answer
3k
views
name rank and serial... against the police?
People who have been in the military will know that if they are interned as combatants and questioned, all they have to answer is their name, rank, and serial number. So for example, if Private Paula ...
- 52.7k
3
votes
1
answer
304
views
Did Royal Navy or US Navy courts martial or boards of inquiry ever use a bell as a gavel?
In Star Trek (not the best guide to law), a Starfleet Board of Inquiry equivalent is shown with the presiding officer striking a tiny bell to indicate that proceedings were commencing or adjourned (...
- 638