Book contents
- Frontmatter
- Contents
- Preface
- 1 Human rights within the context of members of armed forces
- 2 The human rights of members of the armed forces
- 3 Human rights and the disciplinary process
- 4 Civilians before military courts
- 5 Human rights and international armed conflict
- 6 Human rights, non-international armed conflict and civil disorder
- 7 Human rights during multinational operations
- Index
3 - Human rights and the disciplinary process
Published online by Cambridge University Press: 12 January 2010
- Frontmatter
- Contents
- Preface
- 1 Human rights within the context of members of armed forces
- 2 The human rights of members of the armed forces
- 3 Human rights and the disciplinary process
- 4 Civilians before military courts
- 5 Human rights and international armed conflict
- 6 Human rights, non-international armed conflict and civil disorder
- 7 Human rights during multinational operations
- Index
Summary
It is axiomatic that the armed forces of a State must be a disciplined body. They possess weapons, equipment and training normally unequalled by any other organ of the State. Without some form of effective control over their activities the armed forces could achieve anything within their physical power and skills. They could, in other words, take over and replace the government of a State from elected politicians but they could not replace those who, for instance, carry out medical services for the whole population, unless all, or a substantial number of, medical personnel were conscripted into the armed forces.
Whilst there may be a number of factors contributing to the fact that, generally, the armed forces of a State do not do what they could actually do, i.e. take over the government of the State this chapter will concentrate on the disciplinary process within the armed forces as a means of controlling their activities.
It is difficult to imagine any group or any body that would benefit if the armed forces disintegrated into an undisciplined body. In the absence of those who would use parts of the armed forces for their own political purposes the State, the civilian population, members of the armed forces themselves and the wider international community have an interest in ensuring that the armed forces of any particular State are a disciplined body.
In a democracy it is well understood that the government must exercise control of the armed forces.
- Type
- Chapter
- Information
- The Impact of Human Rights Law on Armed Forces , pp. 60 - 93Publisher: Cambridge University PressPrint publication year: 2005