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The 'Militant Democracy' Principle in Modern Democracies
by Markus ThielThis collection provides an up-to-date analysis of key country approaches to Militant Democracy. Featuring contributions from some of the key people working in this area, including Mark Tushnet and Helen Irving, each chapter presents a stocktaking of the legal measures to protect the democracy against its enemies within. In addition to providing a description of the country's view of Militant Democracy and the current situation, it also examines the legal and political provisions to defend the democratic structure against attacks. The discussion also presents proposals for the development of the Militant Democracy principle or its alternatives in policy and legal practice. In the final chapter the editor compares the different arrangements and formulates a minimum consensus as to what measures are indispensable to protect a democracy. Highly topical, this book is a valuable resource for students, academics and policy-makers concerned with democratic principles.
The Militarisation of Peacekeeping in the Twenty-First Century (Studies in International Law)
by James SloanSince the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain and restore security within a country. The operations are established under Chapter VII of the UN Charter and some are empowered to use 'all necessary measures', language traditionally reserved for enforcement operations. Through a close examination of these twenty-first century peacekeeping operations - including operations in Sierra Leone, the Democratic Republic of the Congo, Liberia, Côte d'Ivoire, Haiti and the Darfur region of the Sudan - the book shows that they are, for the most part, fundamentally ill-suited to the enforcement-type tasks being asked of them. The operations, which are under-funded, under-equipped and whose troops are under-trained, frequently lurch from crisis to crisis. There is scant evidence, some 10 years on, that matters are likely to improve. The book argues that bestowing enforcement-type functions on a peacekeeping operation is misconceived. Such operations are likely to be unsuccessful in their enforcement-type tasks, thereby causing serious damage to the excellent reputation of UN peacekeeping, and the UN more broadly. In addition, because such operations are more likely to be perceived as partial, their ability to carry out traditional (non-forceful) peacekeeping tasks may be impeded. Finally, the Security Council's practice of charging peacekeeping operations with enforcement functions lessens the pressure on the Council to work to establish genuine enforcement operations - ie, operations that are considerably better suited to restoring peace and security.'…Dr Sloan is able to show, in knowledgeable detail, not only what has changed over the years, but also what has brought these changes about. His analysis leads him to offer not only well-informed insights, but critical observations, too...This book is a pleasing combination of detailed scrutiny of topics already familiar (provisional measures, consent, so-called 'Chapter VI½' action, implied powers) and a rigorous questioning as to their place in – or indeed, relevance at all to – militarised peacekeeping. The reader will find much new terrain traversed, and plenty of out-of-the-box thinking.'From the foreword by Dame Rosalyn Higgins
The Militarisation of Peacekeeping in the Twenty-First Century (Studies in International Law #No. 35)
by James SloanSince the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain and restore security within a country. The operations are established under Chapter VII of the UN Charter and some are empowered to use 'all necessary measures', language traditionally reserved for enforcement operations. Through a close examination of these twenty-first century peacekeeping operations - including operations in Sierra Leone, the Democratic Republic of the Congo, Liberia, Côte d'Ivoire, Haiti and the Darfur region of the Sudan - the book shows that they are, for the most part, fundamentally ill-suited to the enforcement-type tasks being asked of them. The operations, which are under-funded, under-equipped and whose troops are under-trained, frequently lurch from crisis to crisis. There is scant evidence, some 10 years on, that matters are likely to improve. The book argues that bestowing enforcement-type functions on a peacekeeping operation is misconceived. Such operations are likely to be unsuccessful in their enforcement-type tasks, thereby causing serious damage to the excellent reputation of UN peacekeeping, and the UN more broadly. In addition, because such operations are more likely to be perceived as partial, their ability to carry out traditional (non-forceful) peacekeeping tasks may be impeded. Finally, the Security Council's practice of charging peacekeeping operations with enforcement functions lessens the pressure on the Council to work to establish genuine enforcement operations - ie, operations that are considerably better suited to restoring peace and security.'…Dr Sloan is able to show, in knowledgeable detail, not only what has changed over the years, but also what has brought these changes about. His analysis leads him to offer not only well-informed insights, but critical observations, too...This book is a pleasing combination of detailed scrutiny of topics already familiar (provisional measures, consent, so-called 'Chapter VI½' action, implied powers) and a rigorous questioning as to their place in – or indeed, relevance at all to – militarised peacekeeping. The reader will find much new terrain traversed, and plenty of out-of-the-box thinking.'From the foreword by Dame Rosalyn Higgins
Militarised Responses to Transnational Organised Crime: The War on Crime (PDF)
by Tuesday Reitano Sasha JespersonThis edited volume examines the use of militarised responses to different forms of criminal activity, discussing the outcomes and unintended consequences. Politicians and policymakers frequently use militarised responses to look tough on crime. The deployment of armies, navies, military assets and militarised approaches can send a powerful message, but have produced mixed results. While they generate the perception that governments are actively engaged on issues of concern to the public, and in some cases have resulted in notable successes, on the downside they have frequently also increased the loss of life, exacerbated the humanitarian consequences of a particular crime and entrenched divides between security and state institutions and the criminal proponents, narrowing the possibilities for future negotiated solutions.
Militärstrafrecht (Enzyklopädie der Rechts- und Staatswissenschaft #25)
by Eberhard SchmidtDieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfängen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen für die historische wie auch die disziplingeschichtliche Forschung zur Verfügung, die jeweils im historischen Kontext betrachtet werden müssen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.
Military Assistance on Request and the Use of Force
by Erika De WetIn countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.
Military Assistance on Request and the Use of Force
by Erika De WetIn countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.
Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice
by Brett J. Kyle Andrew G. ReiterThe interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice
by Brett J. Kyle Andrew G. ReiterThe interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book’s findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
Military Ethics: What Everyone Needs to Know® (What Everyone Needs To Know®)
by George LucasWhat significance does "ethics" have for the men and women serving in the military forces of nations around the world? What core values and moral principles collectively guide the members of this "military profession?" This book explains these essential moral foundations, along with "just war theory," international relations, and international law. The ethical foundations that define the "Profession of Arms" have developed over millennia from the shared moral values, unique role responsibilities, and occasional reflection by individual members the profession on their own practices - eventually coming to serve as the basis for the "Law of Armed Conflict" itself. This book focuses upon the ordinary men and women around the world who wear a military uniform and are committed to the defense of their countries and their fellow citizens. It is about what they do, how they do it, what they think about it, how they behave when carrying out their activities, and how they are expected to behave, both on and off the battlefield (whether in, or out of, uniform) - and what everyone (and not just military personnel themselves) needs to know about this. The book also examines how military personnel are treated and regarded by those whom they have sworn to defend and protect, as well as how they treat and regard one another within their respective services and organizational settings. Finally, the book discusses the transformations in military professionalism occasioned by new developments in armed conflict, ranging counterinsurgency warfare and humanitarian military intervention, to cyber conflict, military robotics, and private military contracting. From China to Russia, author George Lucas effectively sheds light on today's military ethics in existence throughout the world. What Everyone Needs to Know® is a registered trademark of Oxford University Press.
Military Ethics: What Everyone Needs to Know® (What Everyone Needs To Know®)
by George LucasWhat significance does "ethics" have for the men and women serving in the military forces of nations around the world? What core values and moral principles collectively guide the members of this "military profession?" This book explains these essential moral foundations, along with "just war theory," international relations, and international law. The ethical foundations that define the "Profession of Arms" have developed over millennia from the shared moral values, unique role responsibilities, and occasional reflection by individual members the profession on their own practices - eventually coming to serve as the basis for the "Law of Armed Conflict" itself. This book focuses upon the ordinary men and women around the world who wear a military uniform and are committed to the defense of their countries and their fellow citizens. It is about what they do, how they do it, what they think about it, how they behave when carrying out their activities, and how they are expected to behave, both on and off the battlefield (whether in, or out of, uniform) - and what everyone (and not just military personnel themselves) needs to know about this. The book also examines how military personnel are treated and regarded by those whom they have sworn to defend and protect, as well as how they treat and regard one another within their respective services and organizational settings. Finally, the book discusses the transformations in military professionalism occasioned by new developments in armed conflict, ranging counterinsurgency warfare and humanitarian military intervention, to cyber conflict, military robotics, and private military contracting. From China to Russia, author George Lucas effectively sheds light on today's military ethics in existence throughout the world. What Everyone Needs to Know® is a registered trademark of Oxford University Press.
Military Ethics (The International Library of Essays in Public and Professional Ethics)
by Igor PrimoratzRecent developments such as the 'new wars' or the growing privatisation of warfare, and the ever more sophisticated military technology, present the military with difficult ethical challenges. This book offers a selection of the best scholarly articles on military ethics published in recent decades. It gives a hearing to all the main ethical approaches to war: just war theory, consequentialism, and pacifism. Part I includes essays on justice of war (jus ad bellum), focussing on defence against aggression and humanitarian armed intervention, but also addressing topics such as conscientious objection and the relation of patriotism to war. Articles in Part II deal with the central problems of justice in war (jus in bello): civilian immunity and 'collateral damage' to civilian life and property. Essays in Part III look into the moral issues facing the military as a profession, such as the civil - military relations, the responsibilities of officers to their soldiers and to their military superiors, and the status and responsibilities of prisoners of war.
Military Ethics (The International Library of Essays in Public and Professional Ethics)
by Igor PrimoratzRecent developments such as the 'new wars' or the growing privatisation of warfare, and the ever more sophisticated military technology, present the military with difficult ethical challenges. This book offers a selection of the best scholarly articles on military ethics published in recent decades. It gives a hearing to all the main ethical approaches to war: just war theory, consequentialism, and pacifism. Part I includes essays on justice of war (jus ad bellum), focussing on defence against aggression and humanitarian armed intervention, but also addressing topics such as conscientious objection and the relation of patriotism to war. Articles in Part II deal with the central problems of justice in war (jus in bello): civilian immunity and 'collateral damage' to civilian life and property. Essays in Part III look into the moral issues facing the military as a profession, such as the civil - military relations, the responsibilities of officers to their soldiers and to their military superiors, and the status and responsibilities of prisoners of war.
The military-humanitarian complex in Afghanistan
by Eric James Tim JacobyViolent conflict brings together two seemingly disparate groups: humanitarians and soldiers. This mixes and convolutes agendas, blurring lines that are often perceived to be sacrosanct. Delving deeply into the history and reasons of why these two groups work in close proximity, this study provide a unique insight into the history, ethical dilemmas and policy conundrums when aid workers operate close to the military. Using Afghanistan as a case study, analytical rigour, deep primary research and "field" knowledge are combined in an exceptional contribution to this important area. This book gives scholars and practitioners alike a nuanced perspective on the challenges faced by aid workers, military personnel and decision-makers alike in countries affected by violent conflicts, hosting foreign military interventions and receiving international aid.
The military-humanitarian complex in Afghanistan
by Eric James Tim JacobyViolent conflict brings together two seemingly disparate groups: humanitarians and soldiers. This mixes and convolutes agendas, blurring lines that are often perceived to be sacrosanct. Delving deeply into the history and reasons of why these two groups work in close proximity, this study provide a unique insight into the history, ethical dilemmas and policy conundrums when aid workers operate close to the military. Using Afghanistan as a case study, analytical rigour, deep primary research and "field" knowledge are combined in an exceptional contribution to this important area. This book gives scholars and practitioners alike a nuanced perspective on the challenges faced by aid workers, military personnel and decision-makers alike in countries affected by violent conflicts, hosting foreign military interventions and receiving international aid.
Military Investigations in Armed Conflict: Independence and Impartiality under International Law (Routledge Research in the Law of Armed Conflict)
by Claire SimmonsAn allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate?This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.
Military Investigations in Armed Conflict: Independence and Impartiality under International Law (Routledge Research in the Law of Armed Conflict)
by Claire SimmonsAn allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the allegation? How should they investigate?This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.
Military Justice: Cases And Materials (Very Short Introductions)
by Eugene R. Fidell"You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantánamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country.
Military Justice: A Guide to the Issues (Contemporary Military, Strategic, and Security Issues)
by Lawrence J. MorrisPublic, press, and academic interest in the military justice system has increased over the past generation. This is a result of several high-profile trials (the Sergeant Major of the Army and Kelly Flinn, among many others), a popular TV show (even if it was Navy JAGs), and broader public attention to and interest in the military, stemming from the post-Cold War prominence of the military (Gulf War I, Balkans, and post-9/11 operations). In addition, some of the more prominent cases from the war in Iraq, including Abu Ghraib and detainee cases, as well as the GTMO military commissions, have kept military justice in the news. There are many misconceptions about the rudiments of the military justice system. Many perceive severity where there is none (though there are features that differ from the civilian system, sometimes unfavorably for the accused), and few are aware of its unique protections and features. Senators Lott and McConnell were not unique in the inaccurate perceptions they publicly stated about military justice during hearings on military tribunals. This volume would accomplish two main purposes: (1) provide comprehensive, accurate, and current information about the military justice system and related disciplinary features, written in laymen's language; and (2) explain the system through some illustrative or engaging anecdotes (e.g., the trials of Billy Mitchell, William Calley, and the World War II Nazi saboteurs, whose capture and trial provide the basis for today's Guantanamo-based trials of suspected terrorists).
Military Justice: A Guide to the Issues (Contemporary Military, Strategic, and Security Issues)
by Lawrence J. MorrisPublic, press, and academic interest in the military justice system has increased over the past generation. This is a result of several high-profile trials (the Sergeant Major of the Army and Kelly Flinn, among many others), a popular TV show (even if it was Navy JAGs), and broader public attention to and interest in the military, stemming from the post-Cold War prominence of the military (Gulf War I, Balkans, and post-9/11 operations). In addition, some of the more prominent cases from the war in Iraq, including Abu Ghraib and detainee cases, as well as the GTMO military commissions, have kept military justice in the news. There are many misconceptions about the rudiments of the military justice system. Many perceive severity where there is none (though there are features that differ from the civilian system, sometimes unfavorably for the accused), and few are aware of its unique protections and features. Senators Lott and McConnell were not unique in the inaccurate perceptions they publicly stated about military justice during hearings on military tribunals. This volume would accomplish two main purposes: (1) provide comprehensive, accurate, and current information about the military justice system and related disciplinary features, written in laymen's language; and (2) explain the system through some illustrative or engaging anecdotes (e.g., the trials of Billy Mitchell, William Calley, and the World War II Nazi saboteurs, whose capture and trial provide the basis for today's Guantanamo-based trials of suspected terrorists).
Military Justice: The Rights and Duties of Soldiers and Government
by Nigel D. WhiteWhile military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military’s place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers.Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.
Military Justice: A Very Short Introduction (Very Short Introductions)
by Eugene R. Fidell"You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantánamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country.
Military Medical Ethics for the 21st Century (Military and Defence Ethics)
by Michael L. GrossAs asymmetric ’wars among the people’ replace state-on-state wars in modern armed conflict, the growing role of military medicine and medical technology in contemporary war fighting has brought an urgent need to critically reassess the theory and practice of military medical ethics. Military Medical Ethics for the 21st Century is the first full length, broad-based treatment of this important subject. Written by an international team of practitioners and academics, this book provides interdisciplinary insights into the major issues facing military-medical decision makers and critically examines the tensions and dilemmas inherent in the military and medical professions. In this book the authors explore the practice of battlefield bioethics, medical neutrality and treatment of the wounded, enhancement technologies for war fighters, the potential risks of dual-use biotechnologies, patient rights for active duty personnel, military medical research and military medical ethics education in the 21st Century.
Military Medical Ethics for the 21st Century (Military and Defence Ethics)
by Michael L. Gross Don CarrickAs asymmetric ’wars among the people’ replace state-on-state wars in modern armed conflict, the growing role of military medicine and medical technology in contemporary war fighting has brought an urgent need to critically reassess the theory and practice of military medical ethics. Military Medical Ethics for the 21st Century is the first full length, broad-based treatment of this important subject. Written by an international team of practitioners and academics, this book provides interdisciplinary insights into the major issues facing military-medical decision makers and critically examines the tensions and dilemmas inherent in the military and medical professions. In this book the authors explore the practice of battlefield bioethics, medical neutrality and treatment of the wounded, enhancement technologies for war fighters, the potential risks of dual-use biotechnologies, patient rights for active duty personnel, military medical research and military medical ethics education in the 21st Century.
Military Medical Ethics in Contemporary Armed Conflict: Mobilizing Medicine in the Pursuit of Just War
by Michael L. GrossBeleaguered countries struggling against aggression or powerful nations defending others from brutal regimes mobilize medicine to wage just war. As states funnel medical resources to maintain unit readiness and conserve military capabilities, numerous ethical challenges foreign to peacetime medicine result. Force conservation drives combat hospitals to prioritize warfighter care over all others. Civilians find themselves bereft of medical attention; prison officials force feed hunger-striking detainees; policymakers manage healthcare to win the hearts and minds of local nationals; and scientists develop neuro-technologies or nanosurgery to create super soldiers. When the fighting ends, intractable moral dilemmas rebound. Post-war justice demands enormous investments of time, resources and personnel. But losing interest and no longer zealous, war-weary nations forget their duties to rebuild ravaged countries abroad and rehabilitate their war-torn veterans at home. Addressing these incendiary issues, Military Medical Ethics in Contemporary Armed Conflict integrates the ethics of medicine and the ethics of war. Medical ethics in times of war is not identical to medical ethics in times of peace, but a unique discipline. Without war, there is no military medicine, and without just war there is no military medical ethics. Military Medical Ethics in Contemporary Armed Conflict revises, defends, and rebuts wartime medical practices, just as it lays the moral foundation for casualty care in future conflicts.