Questions concerning military laws, regulations and rules and those subject to them. Use the appropriate tag when questions pertain to specific countries and/or jurisdictions.
Questions tagged [military]
119 questions
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Is it truly illegal for the US Armed Forces to hire someone whose IQ is less than 83?
In this video, Jordan Peterson says that
[...] anybody into the Armed Forces if they have an IQ of less than 83
Is this true? What law is this supposed restriction based on?
user4234
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Why isn't a draft (conscription) slavery?
The 13th Amendment bans all slavery except for "a punishment for crime whereof the party shall have been duly convicted." It doesn't appear to contain any language about military service or national security.
A draft is involuntary work that there…
SegNerd
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Can a soldier refuse to carry a weapon?
During WWII, Desmond Doss joined the US Army as a combat medic. Due to his religious belief in nonviolence, he refused to carry a weapon and was eventually allowed to do so, going on to win various medals (including the Medal of Honor) for rescuing…
08915bfe02
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Can prisoners of war be exchanged against their will?
Assume the following situation:
You live under an authoritarian regime.
Your country is at war with another country, which has a far more favorable human rights record.
Your attitude of your regime is critical, and you see the war as…
user149408
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Can Prince Harry wear the uniforms of his former units?
It's been in the news recently that Prince Harry has been banned from wearing a military uniform at the events surrounding the late Queen's funeral, since he was stripped of his honorary military titles when he stopped being a working…
nick012000
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Can a soldier be court-martialed for revealing intelligence while in duress?
Can a soldier be court-martialed for revealing intelligence while in duress? Let's say a soldier is captured and then tortured by Russian agents to reveal critical top-secret intelligence to the Russian government. Can the soldier be then…
user25884
31
votes
1 answer
Would it be legal according to the laws of war if Ukrainian forces killed Putin in Moscow?
We know pretty well where Putin will be on May 9: He will be the guest of honor at the Moscow victory day parade. As president, he is the commander in chief of the Russian armed forces.
If the Ukrainian forces got heir hands on, say, a conventional…
Peter - Reinstate Monica
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Are US enlisted personnel (as opposed to officers) required, or allowed, to disobey unlawful orders?
In a comment on Does Justice Sotomayor's "Seal Team 6" example, in and of itself, explicitly give the President the authority to execute opponents? If not, why not?, user jesse_b writes, in regard to a hypothetical order to carry out an…
Nate Eldredge
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I'm a trans woman. When can I deregister from the American draft registry?
When I was 18, I received a scary form from the Department of Defense telling me I had to sign up for something called “Selective Service” (or face prison time and other things). Not knowing any better at the time, I filled it out as if I was…
user30540
16
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2 answers
Military Loyalty in a Constitutional Crisis
The U.S. Constitution establishes provisions to structure governance and prevent the abuse and concentration of power, including:
Article I, Section
8 –
Grants Congress power to regulate the military.
Article I, Section
9 –
Habeas Corpus: Protects…
Who killed Biggie and Tupac
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How many separate judicial systems are there in the United States?
At minute 17:30 of this video https://www.youtube.com/watch?v=lJOpSkyBl2Y the lecturer claims there are 51 separate court systems.
But I count at least 52: 50 states, the federal system, and Washington DC. Does DC count as a separate judicial…
LMR
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Has somebody gotten major prison sentences in the US for simply deserting their post?
Bowe Bergdahl deserted his post in Afghanistan. Originally facing the possibility of a life-sentence, prosecutors ultimately attempted to give him a 14-year sentence.
This seems like an absolutely horrific and barbaric way to punish soldiers who,…
Dutyfuk
10
votes
2 answers
Have any military personnel serving a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
Has any military personnel servicing a democratic state been prosecuted according to the fourth Nuremberg principle (superior order)?
Democratic is of course a gray scale so give that condition the benefit of a doubt when it is questionable (e.g.m…
d-b
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In the U.S. must treason be tried by a military tribunal?
I've run into the claim that in the U.S. that treason must be tried by a military tribunal, even if the accused is a civilian. Is this true? I tried Googling the question, but it seems I don't know enough about the law to be able to find the…
Matthew Cline
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Can't renounce my citizenship due to being a deserter; can I apply for German citizenship?
I'm a Turkish citizen who has been studying in Germany for the last 5 years. As one might not know, in Turkey, there is compulsory military service for every man. But, I don't want to do it (I don't want to be physically present on Turkish soil).…
