Obeying Orders: Atrocity, Military Disipline, and the Law of War by Mark Osiel, Mark J. Osiel

From the Publisher

A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct, as based in reasonable error? How can courts convincingly convict his superior when, after Nuremberg, criminal orders are invariably given by winks and nods, through hints and insinuations? Mark J. Osiel answers these questions in light of new learning about the sources of atrocity and combat cohesion, as well as changes in methods of warfare and the nature of military conflict. He seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He rehabilitates the ancient ideal of martial honor, reinterpreting it in light of new conditions, implementing it less by threat of prosecution than by reflective habituation through realistic training in which legal counsel plays an enlarged role.

Booknews

Shows how sources of atrocity in warfare are far more varied than current law assumes, and how such variations display recurrent patterns that the law can better capitalize upon. Argues that military law should aim to encourage deliberative judgement in ways that enhance the efficacy and accountability of our military forces, in both peace operations and more traditional conflicts. Recommendations seek to "civilianize" military law while building on soldiers' internal ideals of professional virtuousness. Annotation c. Book News, Inc., Portland, OR (booknew.com)

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Table of Contents