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Description
Military law is the unique tool provided to the commanders at various levels to assist them in maintenance of discipline. Military law, if timely and correctly applied, is a force multiplier. The Book is an attempt to analyse critical areas showing crucial deficiencies in the existing legal procedures as noted from academic scrutiny and actual application. It discusses suggested measures necessary to be in tune with the concepts of judicial activism extended to security matters.
One of the article addresses aspects concerning boundaries of the "right to silence" available to an accused. A few others deal with human rights matters and the efficacy of military law to face challenge of terrorism. The other chapters present a detailed study of the convention against torture, defence procurements and environmental aspects relevant to the armed forces. Freedom of speech and expression has also been adequately covered in its application to the men in uniform.
A special feature of the Book is the study of creative use of military commissions set up recently in the USA for the trial of international terrorists.
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Contents
1. Need for an Apparatus to Assess Disciplinary Health of the Army
2. Legal Implications of UN Peace Keeping Operations, Inadequacies and Way Ahead
3. Role of International Committee of the Red Cross in Context of Kargil Conflict
4. Military Law Mechanism for IHL Implementation
5. Human Rights, Its Genesis and Legal Dimensions in International Security Situation
6. Prosecuting Terrorists: A Case for Use of Military Justice Apparatus
7. Matter of Evidence in Cases of Global Sponsored Terrorism
8. Global Assault on Terrorism & Law of War
9. Terrorism and International Humanitarian Law
10. Military Law and Convention against Torture
11. Efficacy of Executive Provisions in the Army Towards the Cause of Environment
12. Natural Justice in Procurement Processes
13. Questions to Accused by the Court under the Provisions of Army Rule 58
14. Right to Communicate to Press under the Army Act
Annexure I
Annexure II
Annexure III
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Auhtor Details
As the judge Advocate General of the Indian Army Major General Nilendra Kumar is the legal advisor to the Chief of the Army Staff. He has wide experience of serving in units and staff. He has conducted a number of courts martial as judge Advocate, A prolific writer on national security, he has contributed articles on law of armed conflict, human rights and procurement procedures. He has been invited to speak on above topics apart from disciplinary and legal matters. This is his sixth book on military law.
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