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First Measures

Thomas J. Laub

in After the Fall: German Policy in Occupied France, 1940-1944

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199539321
eISBN:
9780191715808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199539321.003.0005
Subject:
History, Military History, European Modern History

Historical precedents and international agreements provided scant protect to the inhabitants of an occupied territory during World War II. Although noble in design, the Hague Convention used vague ... More


Deviancy and Discipline in the Regimental System

David French

in Military Identities: The Regimental System, the British Army, and the British People c.1870-2000

Published in print:
2005
Published Online:
September 2007
ISBN:
9780199258031
eISBN:
9780191717840
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258031.003.0008
Subject:
History, Military History

The communal life of the regiment was intense, claustrophobic, and minutely regulated, and some soldiers rebelled against it. This chapter analyses how the military authorities defined deviant ... More


Rules of Engagement and (International) Criminal Law

J.F.R. Boddens Hosang

in Rules of Engagement and the International Law of Military Operations

Published in print:
2020
Published Online:
March 2020
ISBN:
9780198853886
eISBN:
9780191888229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853886.003.0007
Subject:
Law, Public International Law

This chapter discusses the role of rules of engagement (ROE) in the context of criminal law and the influence of criminal law on ROE, continuing on to examine the two principal roles ROE can play in ... More


States that Come and Go: Mapping the Geolegalities of the Afghanistan Intervention

Michael D. Smith

in The Expanding Spaces of Law: A Timely Legal Geography

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804787185
eISBN:
9780804791878
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804787185.003.0007
Subject:
Law, Philosophy of Law

This chapter explores the relationship between war, law, and space in the context of contemporary Western interventionism, in particular the war in Afghanistan, to open up new avenues of inquiry for ... More


Conclusions

J.F.R. Boddens Hosang

in Rules of Engagement and the International Law of Military Operations

Published in print:
2020
Published Online:
March 2020
ISBN:
9780198853886
eISBN:
9780191888229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853886.003.0008
Subject:
Law, Public International Law

This study has sought to contribute to the communication between the academic analysis of the legal aspects of the use of force and the realm of pragmatic application of the rules on the use of force ... More


‘The Object of Military Law Is to Maintain Discipline’: Different Laws for Different People

Clive Emsley

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

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199653713
eISBN:
9780191744204
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653713.003.0002
Subject:
History, British and Irish Modern History, Military History

Civilian Law and Military Law are both concerned with sanctioning the behaviour of those that break norms or regulations, but the military during the twentieth century understood their law as ... More


The Apologist Role of National Courts: Legitimizing (Illegal) State Policy

Sharon Weill

in The Role of National Courts in Applying International Humanitarian Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685424
eISBN:
9780191765643
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685424.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter discusses the apologist role of courts, in which they serve as a legitimating agency for state action. The first case study shows how the Israeli High Court of Justice (HCJ) contributed ... More


“It cant be cald stealin’”: Customary Law among Civil War Soldiers

Thomas C. Mackey

in Making Legal History: Essays in Honor of William E. Nelson

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814725269
eISBN:
9780814708286
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814725269.003.0003
Subject:
Law, Legal History

This chapter explores the cognitive dissonance that Civil War soldiers experienced as they left their ordinary lives, suffused with customary common-law understandings of property, and entered the ... More


Lincoln's Forgotten Ally: Judge Advocate General Joseph Holt of Kentucky

Elizabeth D. Leonard

Published in print:
2011
Published Online:
July 2014
ISBN:
9780807835005
eISBN:
9781469602738
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807869383_leonard
Subject:
History, American History: Civil War

Joseph Holt, the stern, brilliant, and deeply committed Unionist from Kentucky, spent the first several months of the American Civil War successfully laboring to maintain Kentucky's loyalty to the ... More


Rules of Engagement and the International Law of Military Operations

J.F.R. Boddens Hosang

Published in print:
2020
Published Online:
March 2020
ISBN:
9780198853886
eISBN:
9780191888229
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853886.001.0001
Subject:
Law, Public International Law

This study analyses the role and function of the rules on the use of force (rules of engagement (ROE)) for military operations in terms of the interaction between the various bodies of international ... 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


Making New Soldiers: Legitimacy, Identity and Attitudes, c. 1740–1815

Kevin Linch

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/9781846319556.003.0011
Subject:
History, Military History

The significant and sustained mobilisation of British men into some kind of military service outside of the regular army between 1740 and 1815 necessitated a means to establish the legitimacy of ... More


The Soldier Image and State-Building in Modern China, 1924-1945

Yan Xu

Published in print:
2019
Published Online:
September 2019
ISBN:
9780813176741
eISBN:
9780813176772
Item type:
book
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813176741.001.0001
Subject:
History, Asian History

Yan Xu’s book The Soldier Image and State-Building in Modern China, 1924–1945 focuses on the connection between soldiers, urban publics, and party governments of wartime China in an effort to provide ... More


Leaping the Mark: Soldier or Civilian? 1840–1852

Brian Holden Reid

in The Scourge of War: The Life of William Tecumseh Sherman

Published in print:
2020
Published Online:
July 2020
ISBN:
9780195392739
eISBN:
9780190079161
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195392739.003.0003
Subject:
History, American History: 19th Century

This chapter discusses how, almost from the moment he graduated, William T. Sherman came under pressure to think about leaving the Army. When asked why he did not resign, he gave a forthright answer ... More


Jewish Chaplains during the Civil War

Bertram W. Korn

in Jews and the Civil War: A Reader

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814740910
eISBN:
9780814786796
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814740910.003.0015
Subject:
History, American History: Civil War

This chapter examines a notorious episode of prejudice against Jews during the Civil War: the battle to amend the military chaplaincy law, passed in 1861, that stipulated that a regimental chaplain ... More


E Pluribus Unum: How the Common Law Helped Unify and Liberate Colonial America, 1607-1776

William E. Nelson

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190880804
eISBN:
9780190882174
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190880804.001.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

This book examines the role of the common law in the life and politics of Great Britain’s North American colonies from the founding of Virginia in 1607 to the outbreak of the American Revolution in ... More


The Armed Forces

Paul Johnson

in Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198777618
eISBN:
9780191823176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198777618.003.0004
Subject:
Law, Human Rights and Immigration, EU Law

This chapter contains the oral histories of five individuals who lodged complaints in Strasbourg under the European Convention on Human Rights between 1996 and 1999 about discrimination on the ... More


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