INTRODUCTION
Law is the system of rules or regulations to government the conduct of the people of a community, society or nation. The purpose of law in general is serves to regulate the affairs of all persons, individuals, corporations or government. Furthermore, law acts as a standard of conduct and morality, directed at individuals and groups, business and government.
Military law means the law which governs the member of Armed Forces and regulates the conduct of officers and soldiers as such in peace and war, at home and abroad. The purpose of military law is to maintain discipline as well as to deal with matters of administration in the Armed Forces.
There are three types of forces which is the regular forces, the regular forces reserve
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Discuss the importance of justice and fairness (or lack of it) and its effect on the accused and other members of the military community
According to George Washington, “Discipline is the soul of an army. It makes small numbers formidable, procures success to the weak and esteem to all.
Based on the task above, the definition of discipline is the practice of training people to obey rules or a code of behaviour, using punishment to correct disobedience while the definition of good order is in the right manner. It means how to unite a troop in order to maintain the discipline and good order way. This two elements is very important to make a cooperation among troops.
The meaning of justice is the quality of being just, righteousness, equitableness or moral rightness while the meaning of fairness is the quality of making judgements that are free from discrimination. Justice and fairness is the important thing in military due to the defence and salvation of our country. If this two elements have been ignored, our country might be in threatened. Our national defence depends on how our military works. If they not care about justice and fairness, it will lead the country towards destruction. Thus, to make it works, the punishment would be charge to the serviceman that break the
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In Section 47(b) every person subject to service law under this act who takes part in a mutiny having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operation against, the enemy, or the impeding of the performance of any such duty or service. Accused shall on conviction by Court-Martial be liable to suffer death or any less punishment provided by this Act.
The other impact from lack of justice and fairness is some of them may not perform their duties well. In Section 58, every person subject to service law under this Act who without reasonable excuse, fails to attend any parade or duty as aforesaid before he is permitted to do so, shall on conviction by Court-Martial be liable to imprisonment for a term not exceeding two years or any less punishment provided by this
Are we all treated the same? In an effort to remain home and stay at his job Fred Korematsu has been charged with violating military order. With conflicts today being merely a replay from the past we assume that this man was wrongly accused. As our population begins to trust less in the government we are creating more and more people willing to fight them in court to reap the benefits. In this paper we will learn more about the case, the overall ruling, and my thoughts on the ruling.
Citizens gain an understanding and appreciation for the sacrifices people in the military make. However, despite this… without the recognition of human rights, peace still can’t be achieved, whether its individual, cultural, or gender based rights. Even though forced labour is considered a violation of human rights, the practice of compulsory military service isn’t. The United Nations Commission on Human Rights only moved towards recognizing the right of individuals to object to military service in 1987.
In the United States, there have been varying levels of official acceptance and accommodation for conscientious objectors through the years. In some countries today, this position can mean long prison terms and even the death sentence. Still, conscientious objection has been the only choice possible for thousands who could not live with themselves otherwise. Two types of service today in the united states are available to conscientious objectors, of which, if either, assigned is
Refusing or not or not doing an order precisely as given indicates an unwillingness to compromise for the general good of the unit shows self centered decisions and selfishly motivated that a successful military member should not have. Every order in any circumstance is important, so long as it’s not unlawful, and has
A Commander sustains an ethical command climate in war by establishing clear intent and purpose for their organization, accentuated through his vision. The Uniform Code of Military Justice (UCMJ) and the Law of War are the military guidelines and penalties for soldiers to act accordingly. Distinctively, the majority of people know the difference between right and wrong. Command team (i.e. Commander and NCOs) are role models for the organization and set the example for their subordinates, which led to sustaining an ethical climate. Discipline organization exhibits high physical fitness, technical competence and successfully accomplish the mission.
The American Bar Association has issued a Model State Code of Military Justice, which has influenced the relevant laws and procedures in some states. Courts-martial are adversarial proceedings, as are all United States criminal courts. That is, lawyers representing the government and the accused present the facts, legal aspects, and arguments most favorable to each side; a military judge determines questions of law, and the members of the panel (or military judge in a judge-alone case) determine questions of fact. State National Guards (air and army), can convene summary and special courts martial for state-level, peacetime military offenses committed by non-federalized Guard Airmen and Soldiers, in the same manner as federal courts martial proceed. The authority for States to convene courts
The praises that you receive shouldn’t be based on the mere fact that you join but maybe for those who actually wants to serve and protect. In contrast, he says “Make that choice without looking back to see the cheering faces of those who tell you your duty is to do what they are not doing for purposes you may not know nor share” (Gillman 680). None the less, the author let the reader know that these young men and women risk their own lives for purposes which may not be of any value to themselves or the country. As a result, those purposes doesn’t deserve the praises that are
Because of this, a lot of soldiers have gotten sent home because they aren’t gonna be able to fight in battle.
The US military plays a major role in the defense system of the world. Their role can be in the form of military aid, deployment of the military and deployment of the Coast Guards and the protection of people’s lives and freedom. The US is well known for providing military aid to many different countries. The aim of military aid is usually to help allies or poor countries to fight terrorism, counter-insurgencies or to help fight drug wars.
The Importance of Accountability in the U.S. Army Every living thing on Earth demands discipline and accountability, but when it comes to U.S. Army, soldiers are trained specifically in these subjects. There are extreme costs at risk if these principles are not held high by the Armed Forces. Most organized Armies focus on the importance of accountability and teach it in the very beginning stages of readiness. Accountability includes things such as showing up on time to safeguarding sensitive records, keeping account of resources to watching out for fellow soldiers. Almost everything can be tied back to the importance of accountability.
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
Every time he spoke in defense of himself, he claimed that he just simply followed the order from his superiors. Obedience is the vocation of a solider, but it does not mean solider must carry out unethically inhuman order without any thinking. Blind obedience in this case caused a huge massacre to
When a soldier and leader applies integrity into their day to day operation, they trust each other to do the right thing at all times. Honor plays also plays a major part in a soldier’s and leader’s work environment as well, that is just living up to the Army Values. Once they develop that habit they’re showing that they are honorable. An individual shows selfless service simply by put others before yourself. This is the mindset one must have especially on the battle field, because in that situation you are not fighting for yourself, you are fighting for the man or woman to the left or right of you so that they can make it home to their loved ones.
Not committing to the task could potentially suggest that they were incompetent or lack the capacity as a military personnel so facing ‘dangers’ was a much preferred option. Additionally, discipline in the military can be seen when an officer makes his salutes appropriately, their conduct, to the state of their uniform and even how they present themselves in public. While discipline in military is rewarded as it is a sign of respect and duty, misconduct on the other hand is punishable. When discipline is lacking in an army personnel, it not only affects their own performance but also the team as a whole. It is therefore important to instil discipline early and effectively.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.