52

2019 Manual for Courts-Martial, Rule 916(h): (h) Coercion or duress. It is a defense to any offense except killing an innocent person that the accused’s participation in the offense was caused by a reasonable apprehension that the accused or another innocent person would be immediately killed or would immediately suffer serious bodily injury if the accused ...


44

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 totally rejected that argument. For many years now the US has not used a draft, and it is obviously possible for the US to have an enduring and powerful military ...


41

Under 10 USC 843(a), i.e. Article 43 of the UCMJ, A person charged with absence without leave or missing movement in time of war, with murder, rape or sexual assault, or rape or sexual assault of a child, maiming of a child, kidnapping of a child, or with any other offense punishable by death, may be tried and punished at any time without limitation. The ...


19

There is no statute of limitations on murder This is true of other serious crimes as well like sexual assault, war crimes, genocide etc. The person can be charged now, 10 years from now, 100 years from now. Assuming they are still alive, of course, you can’t charge dead people. As a practical matter, historical crimes are more difficult to prosecute due to ...


18

Technically, there is no such thing as an unconstitutional law. There are laws which have been passed, but whose unconstitutionality has not been discovered yet. But once a law is legally deemed to be unconstitutional, it stops being a law. The constitution is a recipe for running the government. If Congress enacts legislature which it has no authority to ...


12

There is an Oath of Enlistment for the military where the enlistee vows to support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, ...


6

From a purely technical interpretation of the law does the oath cover laws that are unconstitutional? Of course not. Unconstitutional laws are effectively null and void. The oath covers the constitution and laws collectively, not individually. Supporting and defending them collectively includes supporting and defending court rulings, including those ...


6

uk As I understand it, in the UK, there is no specific defence of 'duress' under law against the charge of Assisting the Enemy (e.g. in contravention of the Armed Forces Act 2006). Assisting an enemy (1) A person subject to service law commits an offence if, without lawful excuse, he intentionally ... (b) gives an enemy information that would or might be ...


6

england-and-wales Can military necessity override POW rights? NO. The Geneva Conventions Act 1957 provides prisoners of war with certain fundamental guarantees for humane treatment at Article 4 of Part 2 of Schedule 6: 1 All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted,...


4

According to the detractors, the Humans are using the POWs as Human Shields (or Meat Shields), claiming this is no different from placing POWs around a SAM battery emplacement (and that even forcing a captured enemy combatant to open a bio-metric lock is a war crime). Everything I can find talking about Human Shields only talk about civilians and use ...


4

There is a law, 18 USC 798, that punishes unauthorized disclosure of certain classified information. That is information which at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution The information must be actually,...


4

What distinguishes a civilian charge of treason versus being an enemy combatant? Nationality. Someone who is not a US national cannot commit treason against the US, because treason is a breach of allegiance, and non-nationals do not owe allegiance. The ruling you mention is not concerned with treason because the defendant is not a national of the United ...


3

Note that, criminals are not allowed to apply for a German citizenship, so I don't know whether the German government would consider being a deserter as a being criminal. First of all, they would deny a criminal German citizenry, but that goes only for crimes, that are also illegal in Germany (Sec. 12a § 2 Nationality Act, § 12a Abs. 2 StAG). Were you - for ...


3

Assuming the aliens are covered by the 1929 Geneva Convention Relative to Prisoners of War, this seems to violate several provisions: Art. 7: As soon as possible after their capture, prisoners of war shall be evacuated to depots sufficiently removed from the fighting zone for them to be out of danger. [...] Prisoners shall not be unnecessarily exposed to ...


2

What you're looking for is a convention, in international law, that governs international aviation, the Chicago Convention on International Civil Aviation. Article 3 says (a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft. (b) Aircraft used in military, customs and police services shall be deemed to ...


2

While the basic answer has already been given it's worth noting the Constitution says the following about treason: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt ...


2

united-states I think so, in principle. 10 USC 802 lists people subject to the Uniform Code of Military Justice, which governs military crimes and courts-martial. It includes: Individuals belonging to one of the eight categories enumerated in Article 4 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST ...


2

To whom does the obediance lie with those who took the oath? If by obedience, you mean allegiance then it is the Constitution and the law... I hereby declare, on oath... that I will support and defend the Constitution and laws of the United States of America ... that I will bear true faith and allegiance to the same ...


2

Yes, Jordan Peterson is fairly accurate. Look up "Project 100,000" AKA "McNamara's Morons" which tried to enlist 100,000 low IQ men into the Vietnam war. It turned out to be cruel and disastrous because war requires clever soldiers to survive and win. Low IQ soldiers had tragic casualty rates and they were often a bigger liability than ...


2

The names of such units are not protected by copyright, and never were. However their insignia would have been under Crown copyright See also Ministry of Defence Crown Copyright Licensing Information. Crown Copyright expires after 50 years for all published works, but lasts for 125 years after creation for unpublished works. Works obtained through archives, ...


2

Might it be everyone except commissioned officers? Not necessarily Non-commissioned ranks require either a Green Card as per Title 10 U.S. Code § 504: (1)A person may be enlisted in any armed force only if the person is one of the following: ... (B)An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the ...


2

According to the US Army's web site, which gives an overview of the entry requirements, the minimum age is 17 and it seems that only felony convictions and juvenile offences are a bar to recruitment - however the Army Recruiter should be able to confirm whether or not dropped charges fall in to these categories or exclude a candidate for any other reason. ...


1

It is. But because laws are made to benefit the ruling mainstream mayority, or the political class, or whatever you choose to believe, conscription is magically not slavery, because as a citizen you have duties towards "the society" or "the nation" or "democracy". Just like taxiation is magically not theft, because majority ...


1

What law allows the ADF to be used in this way? Part IIIAAA of the Defence Act 2003 (Cth) enables "Calling out the Defence Force to protect Commonwealth interests, States and self‑governing Territories". It allows the Govenor-General on the advice of the Prime Minister, the Minister of Defence and the Attorney-General to make a call-out order. ...


1

Eeeeh... not really but not for the reasons you thinks. Military Tribunals are distinct from a Court Martial in that they are tribunals where the Judge is a military officer in an inquisitorial hearing (as opposed to an advesarial hearing, which is the standard use in American Court rooms). In the inquisitorial hearing, the judge serves the role of both ...


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