This article will appear in the forthcoming a COVID-19 special issue of the Journal of National Security Law and Policy. It can be downloaded for free.
I think it's fitting that yours is one of the first 'rough drafts' (as you put it) that I have encountered regarding the intersection of military law and COVID-19. Hopefully, this will spur many colleagues from different jurisdictions to follow suit. In light of the unique nature of military forces (particularly in democratic states) and both their roles during an emergency, and the manner in which they address emergencies within their internal policies and practices, military legal scholars have an opportunity to provide a unique perspective on the broader issues arising from the response of democratic states to emergencies.
Over the past 2 decades much ink has been spilled regarding 'emergencies' in terms of the so-called Global War on Terror, asymmetric warfare, targeting and drone warfare, and even 'lawfare' (a term with which I still have difficulty). The current pandemic provides a different context with which we can reorient our perspective. Criminal law scholars are examining the impact of COVID-19 on criminal justice and correctional law, and are broadening their scope of analysis in light of the far-reaching impact of the virus on socio-economic factors, as well as legal issues.
We, too, have an opportunity to expand the scope of examination of 'military legal issues' through a broader lens due to the effects of the pandemic. Even my first read of your recent article has prompted several avenues of inquiry for issues that I am examining regarding legal officer ethics, the intersection of disciplinary and administrative measures, and, ultimately, a re-imagining of the Crown-soldier relationship.
We are, to use an expression I have often relied on in the past, in a target-rich environment.
Thanks, Rory. Even if we are able to lick COVID-19 before too long, we unfortunately may face equally challenging situations in the future, so it's worth seeing how the legal system, military and civilian, has dealt with this disaster. Maybe, maybe, some lessons can be learned.
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Gene,
ReplyDeleteI think it's fitting that yours is one of the first 'rough drafts' (as you put it) that I have encountered regarding the intersection of military law and COVID-19. Hopefully, this will spur many colleagues from different jurisdictions to follow suit. In light of the unique nature of military forces (particularly in democratic states) and both their roles during an emergency, and the manner in which they address emergencies within their internal policies and practices, military legal scholars have an opportunity to provide a unique perspective on the broader issues arising from the response of democratic states to emergencies.
Over the past 2 decades much ink has been spilled regarding 'emergencies' in terms of the so-called Global War on Terror, asymmetric warfare, targeting and drone warfare, and even 'lawfare' (a term with which I still have difficulty). The current pandemic provides a different context with which we can reorient our perspective. Criminal law scholars are examining the impact of COVID-19 on criminal justice and correctional law, and are broadening their scope of analysis in light of the far-reaching impact of the virus on socio-economic factors, as well as legal issues.
We, too, have an opportunity to expand the scope of examination of 'military legal issues' through a broader lens due to the effects of the pandemic. Even my first read of your recent article has prompted several avenues of inquiry for issues that I am examining regarding legal officer ethics, the intersection of disciplinary and administrative measures, and, ultimately, a re-imagining of the Crown-soldier relationship.
We are, to use an expression I have often relied on in the past, in a target-rich environment.
Thanks, Rory. Even if we are able to lick COVID-19 before too long, we unfortunately may face equally challenging situations in the future, so it's worth seeing how the legal system, military and civilian, has dealt with this disaster. Maybe, maybe, some lessons can be learned.
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