47 votes
Accepted

Can Prince Harry wear the uniforms of his former units?

By Army regulations, no, he's not allowed to wear that uniform. Prince Harry technically isn't a "retired officer". Rather, he resigned his commission in the Army, effective 19 June 2015. ...
43 votes
Accepted

Why isn't a draft (conscription) slavery?

The only real answer is that the US Supreme Court, in interpreting the constitution, and specifically the argument that the 13th Amendment prohibits a draft for compelled military services has ...
33 votes
Accepted

Would it be legal according to the laws of war if Ukrainian forces killed Putin in Moscow?

Yes Providing the attack was otherwise made in accordance with the rules of war, enemy civilian leaders who are directly responsible for the prosecution of the conflict (so, the Minister of Defence, ...
  • 162k
30 votes

Can prisoners of war be exchanged against their will?

One option would be for the PoW to claim asylum as a refugee in the "capturing" country or, for example, via an international human rights organisation: Refugees are defined and protected ...
  • 25.7k
28 votes

Can prisoners of war be exchanged against their will?

This question is investigated here. If we take the refugee question off the table for a moment, we need only consider the Third Geneva Convention Relative to the Treatment of Prisoners of War which is ...
  • 170k
17 votes
Accepted

name rank and serial... against the police?

If I understand the question correctly, the captive is a US marine who was participating in a training exercise in the United States and then arrested by civilian police who were not participating in ...
  • 26.2k
15 votes
Accepted

USAMRIID is US Military - are they allowed to deploy domestically contrary to Posse Comitatus in response to biological outbreaks?

The article "The Posse Comitatus Act..." analyzes the legal restrictions on use of military power arising from that act. Following US v. McArthur, 419 F. Supp. 186, where the act played a ...
  • 170k
14 votes

Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?

William Calley Convicted of 22 counts of premeditated murder during the My Lai massacre, during his defence he testified: Well, I was ordered to go in there and destroy the enemy. That was my job on ...
  • 162k
9 votes

Does civilians' defence of their cities absolve advancing soldiers of war crimes?

Civilians taking active part in hostilities are legitimate targets This is enshrined in Rule 6 of customary International Humanitarian Law. Rule 6. Civilians are protected against attack, unless and ...
  • 162k
7 votes
Accepted

Did Sokka commit the war crime of false flag? (ATLA S01E17)

No. Assuming both the Fire Nation and Water Tribes are signatories to the Geneva conventions, the rules only apply to uniformed members of the signatory member nations. Such as the water tribes have ...
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5 votes

Would it be legal for foreign volunteers to fight in Ukraine?

It’s legal under Ukrainian law for foreign nationals to join their defense forces Indeed, this is so common it may be considered the default position internationally: the US, UK, France, and Australia ...
  • 162k
5 votes
Accepted

Are 'war crimes' written down in laws?

"War crimes" are codified in international treaties (especially the Geneva Conventions), and in determinations by courts and in statutes made in domestic legal tribunals. This is one area of ...
  • 145k
4 votes
Accepted

Does the Secretary of Defense's vaccine mandate constitute a legal general order under UCMJ?

A lawful order issued by the President or Secretary of Defense carries the full weight of an order under the UCMJ. Note that the OK National Guard will come under this jurisdiction during annual ...
  • 2,775
4 votes

Did Royal Navy or US Navy courts martial or boards of inquiry ever use a bell as a gavel?

In the Royal Navy, the current mandated ceremony is: On the day on which a court-martial is to sit, the Union Flag is to be hoisted at the peak or at the yardarm as appropriate and a gun is to be ...
4 votes

Does John Demjanjuk ruling theoretically jeopardize members of the US armed forces residing on German soil as parts of a "mass murder machine"?

US troops deployed to Germany would be covered by the Status of Forces Agreement, which governs jurisdiction. Your question also ignores the nature of the prosecution services in Germany, which do not ...
  • 6,357
4 votes

Can prisoners of war be exchanged against their will?

I'm going to go out on a limb here and guess this question is motivated by Ukraine and Russia. Ukraine is encouraging Russians to surrender. Russia is threatening prison time to those who surrender. ...
4 votes
Accepted

Is an officer's testimony in a military court considered coerced and thus inadmissible in criminal court proceedings?

Garrity Rule There is a "Garrity Rule". It is derived from Garrity v. New Jersey, 385 U.S. 493 (1967). In that case the US Supreme Court held that military and law-enforcement officers and ...
3 votes

What's the intent of the false flag law?

To my mind, one of the major goals of the customary laws of war is to try to limit the overall harm caused by a war, especially harm caused to parties other than the military forces of the nations who ...
3 votes

Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?

John Demjanjuk He was convicted of assistance to murder in 28060 (!) cases. He was only assistant in the concentration camp of Sobibor and as such only recipient of orders. The court however ruled ...
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3 votes

Does civilians' defence of their cities absolve advancing soldiers of war crimes?

Not exactly. Civilians fighting in accordance with the laws of war (wearing distinctive insigniga, bearing arms openly, etc.) would become combatants. The rule was written exactly for a situation like ...
  • 6,357
3 votes
Accepted

Can the US somehow "claw back" or otherwise recover some of the $35 billion in over-billing by a Singapore-based firm founded by a Malaysian national?

The U.S. government could sue the firm for fraud or unjust enrichment (and probably also claims arising under other statutes particular to defense contracting) since the allegation is that due to bid ...
  • 145k
2 votes

Why are books contraband in a US boot camp?

When it comes to preventing disciplinary issues, the military much prefers simple solutions that work. This will at times result in rules which ban things that aren't really a problem, along with the ...
  • 571
2 votes

Why is equality under the law, the ideal? Shouldn't high ranking government and military officials be given greater benefit of the doubt, trust, etc.?

Why should they? If a person is accused of a crime, say murder, why should more evidence be needed to convict them if they are a high ranking government official than if they are just an ordinary ...
  • 162k
2 votes

Why is equality under the law, the ideal? Shouldn't high ranking government and military officials be given greater benefit of the doubt, trust, etc.?

I agree with the answer from @user6726 but would like to expand on a couple of points pertinent to the title question: Why is equality under the law, the ideal? Shouldn't high ranking government and ...
  • 145k
1 vote
Accepted

How does CAATSA work?

The simple high-level answer to the "why can't" question is that the executive branch can only do that which is allowed under the law passed by Congress. So what does CAATSA Title II allow? ...
  • 170k
1 vote

What's the intent of the false flag law?

it's not considered unfair Fairness is not a concept in law. It is considered acceptable only to some degree. Flags are there to identify friends from foes. Flying a false flag for non-hostile action ...
  • 18.1k
1 vote

Why is equality under the law, the ideal? Shouldn't high ranking government and military officials be given greater benefit of the doubt, trust, etc.?

"Equality under the law" refers to the idea that all people are to be equally protected by the law, and does not mean that all people are to be treated the same. It is obvious that no ...
  • 170k

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