When Military Obedience and Restrictions on War Powers Collide : A Case for Reform / Ellen Nohle.

Format:

Book

Author/Creator:

Nohle, Ellen, author.

Language:

English

Subjects (All):

War and emergency powers.

Physical Description:

1 online resource (276 pages)

Edition:

First edition.

Place of Publication:

Cheltenham, UK ; Northampton, MA : Edward Elgar Publishing, [2024]

Summary:

This provocative book explores the precarious conflict between the legal restrictions on governments' power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.

Contents:

Front Matter

Copyright

Contents

Acknowledgements

1. Introduction (mind the gap): limited war powers and military obedience

PART I The disconnect between the soldier's and the government's legal frameworks

2. Limited government and limited war

3. The soldier's duty to obey

4. Is the disconnect justified?

PART II Bridging the gap between the law of military obedience and restrictions on war powers

5. The case for a legal right to disobey

6. Elements of the right to disobey

7. Immunity for compliance or disobedience?

PART III Bridging the gap between perceptions of duty and legal duty to obey

8. The social-psychological pressure to comply with orders

9. Strengthening the salience of the legal force constraints

10. Conclusion: from restricted war powers to restricted duty to obey

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

1-03-533234-5