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Torture of Detainees and Presidential Prerogative Power

Richard M. Pious

in The Polarized Presidency of George W. Bush

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199217977
eISBN:
9780191711541
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217977.003.0003
Subject:
Political Science, American Politics

This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting ... More


The Dynamic of Military Repression in Uruguay and Chile: Ideology and Resistance to Truth and Justice

Alexandra Barahona de Brito

in Human Rights and Democratization in Latin America: Uruguay and Chile

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198280385
eISBN:
9780191598852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198280386.003.0003
Subject:
Political Science, Democratization

A comparative examination is made of the breakdown of democratic rule, the repression, and the justification for the methods used by the military in Uruguay and Chile. The description of the nature ... More


The Installation of Military Justice in Madrid

JULIUS RUIZ

in Franco's Justice: Repression in Madrid after the Spanish Civil War

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199281831
eISBN:
9780191712999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281831.003.0003
Subject:
History, European Modern History

This chapter examines the repressive jurisdiction that prosecuted civil war criminal ‘responsibilities’ — the military justice system. It traces the historical reasons why the military could arrogate ... More


The Crisis and Liquidation of the Military Justicia al Revés System in the 1940s

JULIUS RUIZ

in Franco's Justice: Repression in Madrid after the Spanish Civil War

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199281831
eISBN:
9780191712999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281831.003.0004
Subject:
History, European Modern History

This chapter discusses how the regime confronted the inevitable consequences of inverse military justice. It argues that from 1940 the regime increasingly saw the prosecution of civil war criminal ... More


The Face and Arms of Military Justice: Judges and Prosecutors

Lisa Hajjar

in Courting Conflict: The Israeli Military Court System in the West Bank and Gaza

Published in print:
2005
Published Online:
March 2012
ISBN:
9780520241930
eISBN:
9780520937987
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520241930.003.0005
Subject:
History, Middle East History

This chapter concentrates on military court judges and prosecutors. It specifically investigates their legal roles and practices and explores variations in their perspectives on the functioning of ... More


Military Justice in American Film and Television Drama: Starting Points for Ideological Criticism

Matthias Kuzina

in Law and Popular Culture

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199272235
eISBN:
9780191699603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272235.003.0009
Subject:
Law, Philosophy of Law

This chapter examines the depiction of military justice in motion pictures and television drama in the United States. The emergence of the court-martial drama roughly corresponds with the genesis of ... More


Soldier, Sailor, Beggarman, Thief: Crime and the British Armed Services since 1914

Clive Emsley

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199653713
eISBN:
9780191744204
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653713.001.0001
Subject:
History, British and Irish Modern History, Military History

The belief that crime declines at the beginning of major wars, as young men are drawn into the armed forces, and increases with the restoration of peace, as brutalized veterans are released on to a ... More


Military Justice

Charles J. Dunlap

in The Modern American Military

Published in print:
2013
Published Online:
February 2015
ISBN:
9780199895946
eISBN:
9780190252663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199895946.003.0012
Subject:
Political Science, American Politics

Military justice has never been intended as an exact replica of civilian justice. Historically, the need to maintain discipline under the enormous stress of combat and the high stakes of war impelled ... More


Soldiers in Combat and Military Justice

Charles N. Pede

in U.S. Military Operations: Law, Policy, and Practice

Published in print:
2015
Published Online:
December 2015
ISBN:
9780199328574
eISBN:
9780199363193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199328574.003.0014
Subject:
Law, Public International Law

This chapter outlines the military justice system. In doing so, the chapter explains why the military maintains a separate justice system—regulated by what is often referred to as “military law,” ... More


Civilians, the French Army and Military Justice during the Reign of Louis XIV, circa 1640–1715

Markus Meumann

in Civilians and War in Europe, 1618–1815

Published in print:
2012
Published Online:
June 2013
ISBN:
9781846317118
eISBN:
9781846317699
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/UPO9781846317699.007
Subject:
History, European Modern History

Military justice is central to the relationship between civilians and warfare. This is because the military's judicial apparatus is designed not only to prosecute those who violate military ... More


Prosecuting in the Military

Timothy C. MacDonnell

in The Prosecutor in Transnational Perspective

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199844807
eISBN:
9780190260033
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199844807.003.0022
Subject:
Law, Comparative Law

This chapter examines the history and structure of US military justice and the prosecutorial role within this system in order to understand why military prosecutors have not become more like their ... More


America, the 1949 Geneva Conventions, and War Crime Courts-Martial in the Vietnam Conflict

Gary D. Solis

in Do the Geneva Conventions Matter?

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199379774
eISBN:
9780190690977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199379774.003.0004
Subject:
Political Science, International Relations and Politics, Comparative Politics

Throughout the US-Vietnam conflict (1965–1973), American forces labored to comply with the Geneva Conventions and customary laws of war, though US war crimes largely overshadowed those efforts. This ... More


‘The Soldiers Murmured Much on Account of this Usage’: Military Justice and Negotiated Authority in the Eighteenth-Century British Army

William P. Tatum III

in Britains Soldiers: Rethinking War and Society, 1715-1815

Published in print:
2014
Published Online:
September 2014
ISBN:
9781846319556
eISBN:
9781781387160
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.5949/liverpool/9781846319556.003.0006
Subject:
History, Military History

Historians have long portrayed enlisted men as the hapless victims of ‘a cruel and capricious court system that could hand out sentences of appalling magnitude’ (Arthur Gilbert). While such images ... More


‘The perpetual marching of troops, the ceaseless noise of drums and trumpets’:: the militarization of Westminster

J.F. Merritt

in Westminster 1640–60: A royal city in a time of revolution

Published in print:
2013
Published Online:
May 2015
ISBN:
9780719090400
eISBN:
9781781707036
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719090400.003.0003
Subject:
History, European Early Modern History

This chapter examines the neglected topic of Westminster’s militarization, both during the civil war and especially after it. In contrast to much of the rest of the country, it was actually after the ... More


Introduction: The Contested Terms of Manhood

Lorien Foote

in The Gentlemen and the Roughs: Violence, Honor, and Manhood in the Union Army

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814727904
eISBN:
9780814728581
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814727904.003.0001
Subject:
History, American History: early to 18th Century

This introductory chapter provides an overview of the book's main themes. It examines manhood in the north as it played out in the specific context of the Union army. It attempts to recover the place ... More


Desertion and Military Justice

Gary W. Gallagher and T. Michael Parrish (eds)

in The War for the Common Soldier: How Men Thought, Fought, and Survived in Civil War Armies

Published in print:
2018
Published Online:
January 2020
ISBN:
9781469643090
eISBN:
9781469643113
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469643090.003.0006
Subject:
History, American History: 19th Century

Deeply contextualized stories of deserters sustain this chapter, placing the reader in the shoes of men on the run. The reader will find that desertion possessed its own situational logic, rooted in ... More


The Sexual Economy of War: Discipline and Desire in the U.S. Army

Andrew Byers

Published in print:
2019
Published Online:
January 2020
ISBN:
9781501736445
eISBN:
9781501736452
Item type:
book
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501736445.001.0001
Subject:
History, Military History

The book argues that concerns about sexuality were fundamental to how the U.S. Army managed its deployments and military occupations throughout the early decades of the twentieth century. Far from ... More


In the Minotaur's Labyrinth: Psychological Torture, Public Forgetting, and Contested History

Alfred W. Mccoy

in Speaking about Torture

Published in print:
2012
Published Online:
January 2013
ISBN:
9780823242245
eISBN:
9780823242283
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823242245.003.0003
Subject:
Literature, Criticism/Theory

Despite dozens of official inquiries in the years since the Abu Ghraib photos first exposed abuse in April 2004, the torture scandal has continued to spread like a virus, infecting all who touch it. ... More


“Conduct of a Nature to Bring Discredit upon the Military Service”: Fort Riley, Kansas, 1898–1940

Andrew Byers

in The Sexual Economy of War: Discipline and Desire in the U.S. Army

Published in print:
2019
Published Online:
January 2020
ISBN:
9781501736445
eISBN:
9781501736452
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501736445.003.0002
Subject:
History, Military History

This chapter examines Fort Riley, Kansas, from 1898-1940. The chapter provides an overview of the military justice system and looks at specific legal cases to explore how the U.S. Army thought about ... More


Introduction: Society, Sexuality, and the U.S. Army in the Early Twentieth Century

Andrew Byers

in The Sexual Economy of War: Discipline and Desire in the U.S. Army

Published in print:
2019
Published Online:
January 2020
ISBN:
9781501736445
eISBN:
9781501736452
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501736445.003.0001
Subject:
History, Military History

This chapter provides an overview of why the U.S. Army sought to address perceived problems caused by soldiers’ sexual interactions with civilians and other soldiers as the army deployed across the ... More


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