Eminent military historian John Keegan explains why applying civilian legal precepts against the military during wartime is inherently destructive.
No one wants law-breakers to go unpunished. The reality is, however, that once military police and military lawyers start investigations, the normal understandings and assurances of mutual confidences on which normal army life subsists go out of the window.Military lawyers, in the nature of their job, cast their net as wide as possible. Comrade is questioned against comrade. Suspicion is aroused. The law of self-protection sets in. Men who would never in everyday life impugn a brother in arms are driven to hint at wrongdoing. Worse, those in positions of command who would normally object to any accusations being levelled against their subordinates become affected by the desire to distance themselves from criminal proceedings.
Those who were in the front line, an intrinsically lonely place, suddenly find themselves lonelier still, without any protectors among those they are taught to regard as their natural protectors.
The legal code, in short, is highly destructive of the emotions, comradeship, mutual concern and responsibility of seniors for juniors on which the military system operates. Traditionally, the British Army always recognised that the intrusion of civilian law into its way of life was undesirable. In consequence it maintained its own legal system in which, under court martial, soldiers were judged by other soldiers.
There was a lot that was wrong with the court martial system, which produced much rough justice. There was, however, also a lot that was right. Under court martial, it is unlikely that officers or soldiers, pleading that their actions should be understood within the military realities of fear, confusion and concern for each other's safety, would be condemned for lack of understanding of such circumstances. Good civil law is likely to make for bad military law. Only a lawyer would argue otherwise.
Do-gooders and anti-military activists will disagree vehemently. Ironically, their efforts have the net effect of dragging out the conclusion of the war they so oppose.
Posted by Alan at June 2, 2005 12:19 PM