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What is military law?

  • It is necessary to refer to the authors of the ideas and concepts related to Military Law that will be developed below, since the purpose is to try to approach the doctrinal principles, to enrich the criteria and be able to know these concepts in detail. Estébanez points out: “That Military Law for some is enclosed in the ordinance; for others, it is neither defined nor is it known what it is. And it is that the Law, according to certain metaphysicians, is something incompatible with weapons, war and the uniform”.

     

    Another sector of the doctrine establishes that Military Law is a redundant phrase, that law is militia; that there is no more law than that of brute force, which of course places us in a situation of impossibility to analyze it, however, these ideas have been outdone by the current doctrines by which the quality of a branch of Law is recognized.

     

    Military Law Concept

     

    Military Law is the branch of legal science that is inspired by the existence of the armed society, which in turn is based on the principle of discipline, an element that gives cohesion and effectiveness to the armed forces; Therefore, Military Law deals with the study corresponding to the formation and operation of armed institutions, their regulations and the full compliance with military discipline.

     

    Due to its content and scope, Military Law has been defined as: the set of legal norms that regulate the organization, government and conduct of the armed forces in peace and war.

     

    Although Military Law cannot be reduced to a state of war, there is no doubt that its greater effectiveness is evident during times of emergency, when the sector that corresponds to this law in times of peace overflows and invades all legal fields. and absorbs a lot of them. This special situation is provided by article 23 of the Constitution, which establishes under what conditions of extreme necessity the effects of the ordinary legal order can be suspended for a limited time, that is, the temporary suspension of guarantees that would be subject to the resolution of the contingencies that the country may face.

     

    The first military officer involved with national university environments, founder of the Department of Military Law at the National School of Jurisprudence, to The main contributions for the drafting of the Code of Military Justice of 1933, which govern the matter, are owed to him. It defines Military Law as the legal discipline that, at the level of positive law, is condensed into a set of organic provisions that coordinate, synchronize and arrange the relationships derived from martial life. In this definition there is a particular legal order within the general order of the State, constituted by the legal norm that tends directly to ensure the maintenance of the essential purposes of the military institution. It is a legal microsystem, immersed in a legal microsystem legitimized by the Political Constitution of Athens Greece.

     

    It is very common that Military Law is considered as the set of legal norms that govern the organization, operation and development of the armed forces of a country, in times of peace or war. In addition to the doctrinal definitions, the study of Military Law is consolidated based on the celebration of congresses, symposiums, conferences and other academic activities that frequently set the tone and establish the principles for the dictation of national legislation, as well as, bilateral and multilateral treaties in the international arena. Let us remember that στρατιωτικοι δικηγοροι Αθηνα law is dynamic and Military Law, despite being conservative, is not exempt from this rule.

     

    As can be seen in the previous paragraphs, the writers of Military Law do not agree, for which the definition proposed for the purposes of this text is the following: Military Law is the set of bilateral, heteronomous, enforceable and external norms that they are in charge of regulating the armed forces in times of peace and war; that base their raison d'être on the most important protected legal asset in armed institutions, which is discipline.

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