Contents: Preface Introduction to Military Justice 1. Framing military justice 2. Constitutional laws and the armed forces 3. Emergency powers and internal deployments 4. Prerogative powers and external deployments 5. The use of lethal force 6. Detention and abuse 7. The court martial 8. Rights and protections of soldiers 9. The scales of military justice Index
Nigel D. White, Professor of Public International Law, School of Law, University of Nottingham, UK
‘This detailed and comprehensive analysis of military justice is a
brilliant addition to the lexicon of academic commentary on
military justice. It provides a forensic examination of the
relationship between soldier and state, and does not duck the
difficult issues of dealing with “villains” who are perceived as
“heroes” by politicians and the general public. It provides
historical context while adding to the ongoing debate about the
relevance of a separate system of justice in the modern era.’
*Jeff Blackett, Judge Advocate General of HM Armed Forces
2004-2020*
‘This excellent book provides a concise and deeply nuanced
assessment of an operationally vital, politically charged, and
intensely contextual field of legal inquiry. Encompassing national
and international law, and recognising the practical impact of
military capability upon our interpretation and application of this
law, Nigel White once again shows us why he is the leading scholar
in this field, and a worthy successor to Peter Rowe and Hilaire
McCoubrey as its flagbearer.’
*Robert McLaughlin, Australian National University, Australia*
‘The domestic and international legal frameworks that govern the
deployment of the United Kingdom’s armed forces and the rights of
its members are complex and contested. Adopting an expansive
approach to the meaning of military justice, in this book Professor
White takes the reader on a journey from the drafting of the Magna
Carta to military operations in Afghanistan and Iraq. In the
process, he unravels the relationship between the soldier and the
state, and provides an engaging and thoughtful analysis of the law
that regulates the actions of the armed forces at home and
abroad.’
*Alison Duxbury, University of Melbourne, Australia*
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