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Questions tagged [military-law]

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1answer
110 views

What's the standard procedure for responding to an overt domestic tyranny event? [closed]

Are there actually protocols and contingencies for the extreme hypothetical situation of if our government tries to establish a dictator? Is it decided who the military sides with? What happens if the ...
7
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2answers
383 views

Under what circumstances are military personnel not combatants?

In U.S. policy, when are military personnel not combatants? This question is inspired by a comment that jpmc26 left on my answer here. The comment says: I'm not sure "noncombatant targets" ...
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4answers
5k views

Why is the US president commander-in-chief?

Democratic governments are often set up in such a way that no single person holds too much power, even the president/prime minister/etc. In the US, you e.g. have the Congress. This means that if the ...
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2answers
1k views

Who legislates military law?

Where does United States military law come from? I'm vaguely aware that the military is governed by the Uniform Code of Military Justice (UCMJ). This power stems from the constitutional authority of ...
9
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1answer
637 views

Can US President indefinitely detain US citizen protesters by labeling them enemy combatants?

We know from the Jose Padilla case that US citizens can be detained in the US and held without charge for several years if the POTUS labels them as enemy combatants. From the same case, we know that ...
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5answers
1k views

Why have no US government officials been charged under the Geneva convention?

US and NATO have been big advocates for human rights and international law around the globe. I'm only focusing on Iraq and current military missions in the Middle East and violations of the Geneva ...
3
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1answer
121 views

Can the Commander in Chief order the Army Corp of Engineers to approve DAPL?

Construction of the Dakota Access Pipe Line (DAPL) was stopped on December 4, 2016 because the Secretary of the Army Corp of Engineers denied a required permit stating that alternate routes need to be ...
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2answers
143 views

Tense Naval Interactions (US/Iran)

The US Navy has a number of ships near Iran and seems to be "interacting" with the Iranian Navy on a regular basis. Reports typically describe scenarios in which a larger US ship is "swarmed" by ...
3
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1answer
127 views

Why wasn't there a gunship in the air during the Bergdahl trade? [closed]

I hope I don't come off as crazy here, and I wasn't sure if this is the right forum to ask this, but I have a question regarding the Bowe Bergdahl prisoner exchange. In the video captured by the ...
2
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1answer
503 views

Is there a US and UK equivalent of India's AFSPA act?

The Indian AFSPA (Armed Forces Special Protection Act) protects Indian soldiers from nuisance from humanitarian associations, among other benefits. Is there any US and UK equivalent law for ...
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3answers
3k views

Can the Vatican legally declare war?

Joseph Stalin once famously quipped: "The Pope! How many divisions has he got?" Technically speaking, the pope IS a secular ruler of a country that holds an observer status at the UN, and as far as I'...
3
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3answers
452 views

What law compels countries to take prisoners who are NOT trying to surrender?

This arose around some comments on "Is it true that the US president can execute anyone without a trial?" Under the traditional rules of war you are not allowed to simply kill all of your ...
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2answers
2k views

What law compels countries to take prisoners who wish to surrender?

This arose around some comments on " Is it true that the US president can execute anyone without a trial? " Is there any international law, or convention (including Geneva) which compels any country ...