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Military Justice in the Modern Age

AUD$152.95 inc GST

Matthew Groves, Alison Duxbury, Peter Rowe, Christopher Waters, Pauline Collins, Rain Liivoja, Victor Hansen, Robert McLaughlin, Ann Lyon, Geoffrey Farmiloe, U. C. Jha, Ivette Castaňeda García, J. J. M. van Hoek, Michelle Lesh, Paul Cronan, John Tarrant, Panagiotis Kremmydiotis, Christina M. Cerna, Aifheli Enos Tshivhase, Chris Jenks, Michael Gibson
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  • Date Published: August 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107042377

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  • Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.

    • Surveys many systems and trends around the world, so will appeal to those interested in human rights, constitutionalism and the rule of law
    • Examines international and domestic law influences
    • Avoids overly technical detail about individual jurisdictions, enabling readers to gain an understanding of the military law of different nations without specialised knowledge of the military
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    Reviews & endorsements

    '[This book] covers a range of timely thematic issues, such as how to deal with misbehaving civilian contractors (Rain Liivoja), the role of command (Vic Hansen), and summary trials (Aifheli Tshivhase). Another section presents country - or region-specific accounts (Christina Cerna on the Inter-American System, for example), which make particularly interesting reading. The ups-and-downs of reform efforts in Australia (Paul Cronan and John Tarrant) are also noteworthy.' Eugene R. Fidell, Global Military Justice Reform Blog (www.globalmjreform.blogspot.co.uk)

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    Product details

    • Date Published: August 2016
    • format: Hardback
    • isbn: 9781107042377
    • length: 446 pages
    • dimensions: 236 x 158 x 29 mm
    • weight: 0.79kg
    • availability: Available
  • Table of Contents

    1. The reform of military justice systems Matthew Groves and Alison Duxbury
    Part I. The Civilian-Military Intersection:
    2. How well do international human rights bodies understand military courts? Peter Rowe
    3. Democratic oversight through courts and tribunal Christopher Waters
    4. The civil courts' challenge to military justice and its impact on the civil-military relationship Pauline Collins
    5. Trying civilians contractors in military courts: a necessary evil? Rain Liivoja
    6. The impact of military justice reforms on the law of armed conflict: how to avoid unintended consequences Victor Hansen
    7. The impact of the 'civilianisation' of military administrative law on the 'command power' Robert McLaughlin
    Part II. Comparative Military Justice:
    8. The new British system of courts martial Ann Lyon and Geoffrey Farmiloe
    9. A comparative study of South Asian military justice systems U. C. Jha
    10. Military justice in Latin America: a comparative analysis Ivette Castaňeda García
    11. Military criminal justice in the Netherlands: the 'civil swing' of the military judicial order J. J. M. van Hoek
    12. The Israeli military justice system in the context of the Turkel Commission Michelle Lesh
    13. A threatened existence – the operation and adaptation of military discipline in Australia Paul Cronan
    14. Human rights and Australia's military justice system John Tarrant
    Part III. International Law and Military Justice:
    15. The influence of human rights law on the reform of military justice Panagiotis Kremmydiotis
    16. The inter-American system and military justice Christina M. Cerna
    17. The future of military summary trials in the modern age Aifheli Enos Tshivhase
    18. A rose by any other name: how and why the United States charges its service members for violating the laws of war Chris Jenks
    19. Military justice in operational settings, peacekeeping missions and situations of transitional justice Michael Gibson.

  • Editors

    Alison Duxbury, University of Melbourne
    Alison Duxbury is an Associate Professor at the Melbourne Law School, University of Melbourne, Australia.

    Matthew Groves, Monash University, Victoria
    Matthew Groves is a Professor of Law at Monash University, Australia.

    Contributors

    Matthew Groves, Alison Duxbury, Peter Rowe, Christopher Waters, Pauline Collins, Rain Liivoja, Victor Hansen, Robert McLaughlin, Ann Lyon, Geoffrey Farmiloe, U. C. Jha, Ivette Castaňeda García, J. J. M. van Hoek, Michelle Lesh, Paul Cronan, John Tarrant, Panagiotis Kremmydiotis, Christina M. Cerna, Aifheli Enos Tshivhase, Chris Jenks, Michael Gibson

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