This handy resource offers an in-depth look at the substantive aspects of military justice and is designed to help both the experienced practitioner and the novice find his or her way through the punitive articles of the Uniform Code of Military Justice. It covers the myriad aspects of writing the charges and specifications, analyzing possible defenses, and possible instructions to the court members. Each punitive article is presented separately, followed by a detailed analysis and discussion. Coverage for each article focuses first on the official text of the article, then provides a discussion of the offense, including its history, what the prosecution must prove, applicable case law, and a discussion about possible defenses. For each article, the maximum punishment, possible lesser-included offenses, sample specifications, and sample instructions from the Military Judges’ Benchbook are included. This guide also includes background on the military justice system, coverage of court-martial jurisdiction, and a chapter on defenses, for an all-in-one source on substantive military law.
Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).
A Practical Introduction to Security and Risk Management is the first book to introduce the full spectrum of security and risks and their management. Author and field expert Bruce Newsome helps readers learn how to understand, analyze, assess, control, and generally manage security and risks from the personal to the operational. They will develop the practical knowledge and skills they need, including analytical skills, basic mathematical methods for calculating risk in different ways, and more artistic skills in making judgments and decisions about which risks to control and how to control them. Organized into 16 brief chapters, the book shows readers how to: analyze security and risk; identify the sources of risk (including hazards, threats, and contributors); analyze exposure and vulnerability; assess uncertainty and probability; develop an organization’s culture, structure, and processes congruent with better security and risk management; choose different strategies for managing risks; communicate and review; and manage security in the key domains of operations, logistics, physical sites, information, communications, cyberspace, transport, and personal levels.
No fewer than 10 new chapters have been added, and the entire book has been restructured to reflect the American Board of Psychiatry and Neurology's Content Outline for the Certification Examination in Forensic Psychiatry, thus facilitating its use in preparing for certification or maintaining certification.
This collection examines the role of the just war tradition and its criteria in solving pressing present-day challenges. In particular, it deals with three types of challenges to world public order. One is anticipatory self-defense, in which one state attacks another to pre-empt or prevent an attack on itself, as the United States claimed in relation to Iraq in 2003. The second challenge is humanitarian intervention, in which one state attacks another to stop gross, large-scale violations of human rights, as NATO claimed to be doing on behalf of Kosovo in 1999. Both practices may erode world public order, given the normative strength of Article 2(4) of the UN Charter prohibiting the threat or use of force against other states. However, both practices pose dilemmas, in that they also preserve world public order by not allowing impunity for human rights abusers or the misuse of international law to the advantage of genuine aggressors. The third challenge is the execution of warfare in a new geopolitical environment characterized by new technologies and asymmetry of belligerents. The chapters in this book, written from a variety of disciplinary perspectives, turn to the just war tradition to attempt to resolve these tensions.This book was based on a special issue of the Journal of Military Ethics.
Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. Learning Goals Trace the development of International Law through key principles and processes. Illustrate important issues and theories using excerpts from landmark cases.
A useful book that deals with a number of psychological issues surfacing in military and paramilitary forces. Military Psychology: Concepts, Trends and Interventions offers various psychological theories that are not only significant in the context of soldiers but also help to strengthen the capability of military and paramilitary forces during combat and non-combat operations. Stressing on the psycho-social well-being of the soldiers, this book offers insights into military psychological issues, such as soldier selection, combating stress, instances of misconduct, psychological operations, optimism, resilience and hardiness training, gender bias, value-based leadership, familial well-being and the future warfare. The global case studies in the book offer lessons for India and other countries where military and para-military forces are engaged in dealing with both external and internal extremism.
The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.
This three-volume work offers a comprehensive review of the pivotal concepts, measures, theories, and practices that comprise criminology and criminal justice. No longer just a subtopic of sociology, criminology has become an independent academic field of study that incorporates scholarship from numerous disciplines including psychology, political science, behavioral science, law, economics, public health, family studies, social work, and many others. The three-volume Encyclopedia of Criminology presents the latest research as well as the traditional topics which reflect the field's multidisciplinary nature in a single, authoritative reference work. More than 525 alphabetically arranged entries by the leading authorities in the discipline comprise this definitive, international resource. The pivotal concepts, measures, theories, and practices of the field are addressed with an emphasis on comparative criminology and criminal justice. While the primary focus of the work is on American criminology and contemporary criminal justice in the United States, extensive global coverage of other nations' justice systems is included, and the increasing international nature of crime is explored thoroughly. Providing the most up-to-date scholarship in addition to the traditional theories on criminology, the Encyclopedia of Criminology is the essential one-stop reference for students and scholars alike to explore the broad expanse of this multidisciplinary field.