Judging the Troops: Exceptional Security Measures and Judicial Impact in India

2019 ◽  
Vol 44 (03) ◽  
pp. 555-585
Author(s):  
Surabhi Chopra
Keyword(s):  
National Security ◽  
Judicial Review ◽  
Use Of Force ◽  
Armed Forces ◽  
Security Measures ◽  
Judicial Intervention ◽  
Security Measure ◽  
Democratic State ◽  
Northeastern State ◽  
Judicial Impact

This Article examines a controversial national security measure: the use of the armed forces within domestic borders. Military policing blurs the boundaries between crime and war, and tends to entail greater use of force against individuals. It has received relatively little academic attention but deserves to be better understood. No democratic state has relied on military policing for longer than India. And within India, no region has been subject to military policing for as long as the northeastern state of Manipur. I analyze how military policing in Manipur has fostered abuse by the armed forces, which in turn has prompted litigation and judicial innovation. Based on my analysis, I critique dominant theories about the state’s exceptional security powers. I advance two main claims. First, exceptional powers rarely remain exceptional; they eventually become the norm. Once deployed, these powers persist, and the license they provide seeps into broader habits of governance. Second, once normalized, exceptional powers become more vulnerable to judicial intervention. Judges become unwilling to accept the government’s argument that these powers are always and only used to fight pressing threats. These powers eventually become a routine subject of judicial review. Even once judicial review becomes routine, however, judges tend to be more willing to help victims of abuse than to punish abusers.

scholarly journals Trouble in paradise: Contesting security in Bali

2017 ◽  
Vol 48 (3) ◽  
pp. 241-258 ◽  
Author(s):  
Matt McDonald ◽  
Lee Wilson
Keyword(s):  
International Relations ◽  
National Security ◽  
Local Level ◽  
Use Of Force ◽  
The State ◽  
Ethnographic Research ◽  
Security Measures ◽  
Alternative Site ◽  
The Way

The last decade in Indonesia has seen the emergence of localized militia groups. In Bali, these groups are now particularly prolific. Conventional wisdom in international relations thought is that these organizations constitute a threat to the authority of the state (its monopoly on the legitimate use of force) and may require national security measures to deal with them. Yet these organizations ultimately define their own role in terms of the provision of security, claiming that they act to preserve or advance core values of their communities. In this sense, their security role with reference to the state is ambiguous: they often enjoy legitimacy at the local level and perform important security functions for their local communities, even while constituting an alternative site of security practice and challenging the (exclusive) security role of the Indonesian state. Drawing on ethnographic research, this article examines these actors as security agents and employs a framework of security contestation to make sense of the manner in which they engage with and redefine the provision of security in Bali. In this context, the emergence and practices of Balinese militia groups challenge the way we view non-state actors in the security space and, more generally, the way we conceive security agency in international relations.

DETERMINATION OF SIZE OF PROTECTIVE ZONES TO PROVIDE SECURITY MEASURES DURING TESTS OF ARMING AND ROCKET FORCES AND ARTILLERY MATERIALON TESTING GROUND

2019 ◽  
Vol 1 (12) ◽  
pp. 55-62
Author(s):  
O. Maistrenko ◽  
M. Petrushenko ◽  
S. Nikul ◽  
Y. Sinilo
Keyword(s):  
Armed Forces ◽  
Test Site ◽  
Security Measures ◽  
Safety Measures ◽  
Protection Zones ◽  
Testing Ground ◽  
Permanent Improvement ◽  
Near Accidents

The article analyzes the possible risks that can arise when firing artillery and rocket launches. The disadvantages of the method of calculating the protection zones are identified, which taking into account will reduce the likelihood of the occurrence of abnormal situations, which can lead to tragic consequences and damage to objects adjacent to the boundary of the testing ground. Additions to the procedure for determining the protection zones of the test site in the interests of RVIA are proposed and the specified, correct sizes of these zones are provided. Development of rocket troops and artillery (RTaA) of the Armed Forces (AF) of Ukraine is impossible without a permanent improvement and modernisation of types of armament and ammunition to them, development of the new artillery systems and their ground tests. During realization of ground tests of types of armament and military technique (WME) of RTaA firing of artillery and starting of rockets is accompanied by errors or wrong acts of WME attendant and personnel or extraneous persons, the consequences of that must be envisaged, and the risk of their origin is Analysis of the battle firing, including during realization of anti-terror operation and operation of the incorporated forces on east of Ukraine row of ground tests of standards of WME RTaA test if possibility of origin of nonpermanent near-accidents during application of armament of RtaA as a result of rejection of trajectory of flight of projectile (mines) by the direction and distance from the expected targets. Mostly it happens through untaking into account of maximal rejections of meteorological and ballistic terms of firing from tabular or errors in calculations, wrong acquisition of charge, error at aiming of fighting machines, cannons, mortars. There for practice of the battle firing needs taking into account of these errors, that will give an opportunity consider ably to promo test rength security at application of armament of RAaT during testing of standards of WME. Thus, in the article certainly and possible risks that can arise up during realization of firing of artillery and starting of rockets are analysed, related to the lacks of existent methodology of realization of calculations in relation to providing of safety measures during the tests of WME RtaA. Suggestions are brought in, in relation to the improvement of methodology of realization of calculations of sizes of protective zones, that unlike existing more in detail take into account maximal deviations of terms of firing from tabular values. These suggestions for providing of safety measures it will be allowed to decrease probability of origin of situations, that can result in tragic consequences and to causing of damages to the objects that fit closely to the limits of training field. Anoffer adding to the order of determination of protective zones and given specified sizes of the sezones have an important practical value at determination of possibilities of grounds and providing of safety of testing and battle firing (starting) of RtaA.

THE ISSUES OF NATIONAL SECURITY AND NUCLEAR DISARMAMENT IN THE WORK OF THE WORLD RUSSIAN PEOPLE'S COUNCIL IN THE 1990-S.

2020 ◽  
Vol 9 (3) ◽  
pp. 111-119
Author(s):  
Yu.Yu. IERUSALIMSKY ◽  
◽  
A.B. RUDAKOV ◽  
Keyword(s):  
National Security ◽  
Armed Forces ◽  
Nuclear Disarmament ◽  
Russian Orthodox Church ◽  
Security Issues ◽  
New Concepts ◽  
The Social ◽  
The World ◽  
Nuclear Component ◽  
The One

The article is devoted to the study of such an important aspect of the activities of the World Russian People's Council (until 1995 it was called the World Russian Council) in the 90-s of the 20-th century as a discussion of national security issues and nuclear disarmament. At that time, a number of political and public figures actively called for the nuclear disarmament of Russia. Founded in 1993, the World Russian Council called for the Russian Federation to maintain a reasonable balance between reducing the arms race and fighting for the resumption of detente in international relations, on the one hand, and maintaining a powerful nuclear component of the armed forces of the country, on the other. The resolutions of the World Russian Council and the World Russian People's Council on the problems of the new concepts formation of foreign policy and national security of Russia in the context of NATO's eastward movement are analyzed in the article. It also shows the relationship between the provisions of the WRNS on security and nuclear weapons issues with Chapter VIII of the «Fundamentals of the Social Concept of the Russian Orthodox Church».

A Workable Method

2018 ◽  
Author(s):  
Eric K. Yamamoto
Keyword(s):  
National Security ◽  
Judicial Review ◽  
Numerous Case ◽  
Careful Scrutiny ◽  
The Government ◽  
Judicial Scrutiny

This chapter discusses the task of methodology. How might a court ascertain the appropriate mode of review in a given security-liberty case, and how might the court effectively undertake that review? The chapter suggests a calibrated judicial review method that affords the government wide latitude in most national security matters, with courts adopting a posture of substantial deference. However, when the government claims pressing public necessity to legitimate measures that curtail fundamental liberties of citizens or noncitizens, careful judicial scrutiny takes over. With Korematsu as backdrop, the method delineates the mechanics for selecting the appropriate type of review in a given case. In doing so, it speaks to a judicial review conundrum generated by a briar patch of unexplained boilerplate language in numerous case opinions—opinions that first recite “the court’s substantial deference” to the executive on security matters, then follow with “but the court is duty-bound to protect constitutional liberties,” implicating careful scrutiny.

The Handbook of European Defence Policies and Armed Forces

2018 ◽  
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
National Security ◽  
Armed Forces ◽  
Blind Spot ◽  
Military Operations ◽  
The Soviet Union ◽  
Security Challenges ◽  
The Cold War ◽  
National Defence

The armed forces of Europe have undergone a dramatic transformation since the collapse of the Soviet Union. The Handbook of European Defence Policies and Armed Forces provides the first comprehensive analysis of national security and defence policies, strategies, doctrines, capabilities, and military operations, as well as the alliances and partnerships of European armed forces in response to the security challenges Europe has faced since the end of the cold war. A truly cross-European comparison of the evolution of national defence policies and armed forces remains a notable blind spot in the existing literature. This Handbook aims to fill this gap with fifty-one contributions on European defence and international security from around the world. The six parts focus on: country-based assessments of the evolution of the national defence policies of Europe’s major, medium, and lesser powers since the end of the cold war; the alliances and security partnerships developed by European states to cooperate in the provision of national security; the security challenges faced by European states and their armed forces, ranging from interstate through intra-state and transnational; the national security strategies and doctrines developed in response to these challenges; the military capabilities, and the underlying defence and technological industrial base, brought to bear to support national strategies and doctrines; and, finally, the national or multilateral military operations by European armed forces. The contributions to The Handbook collectively demonstrate the fruitfulness of giving analytical precedence back to the comparative study of national defence policies and armed forces across Europe.

II. Policy Formulation for National Security

1949 ◽  
Vol 43 (3) ◽  
pp. 534-543 ◽  
Author(s):  
Sidney W. Souers
Keyword(s):  
World War Ii ◽  
National Security ◽  
Economic Effect ◽  
Armed Forces ◽  
Executive Branch ◽  
Policy Formulation ◽  
Military Operations ◽  
World War ◽  
War Aims ◽  
Military Campaign

The National Security Council, created by the National Security Act of 1947, is the instrument through which the President obtains the collective advice of the appropriate officials of the executive branch concerning the integration of domestic, foreign, and military policies relating to the national security. An outline of the genesis of this new governmental agency will indicate in part its present rôle.Even before World War II, a few far-sighted men were seeking for a means of correlating our foreign policy with our military and economic capabilities. During the war, as military operations began to have an increasing political and economic effect, the pressure for such a correlation increased. It became apparent that the conduct of the war involved more than a purely military campaign to defeat the enemy's armed forces. Questions arose of war aims, of occupational policies, of relations with governments-in-exile and former enemy states, of the postwar international situation with its implications for our security, and of complicated international machinery.

scholarly journals Evaluating Counterterrorism Spending

2014 ◽  
Vol 28 (3) ◽  
pp. 237-248 ◽  
Author(s):  
John Mueller ◽  
Mark G. Stewart
Keyword(s):  
Cost Benefit ◽  
September 11 ◽  
Terrorist Attacks ◽  
Security Measures ◽  
Successful Attack ◽  
Security Measure ◽  
Reduce Risk ◽  
The Cost

In this article, we present a simple back-of-the-envelope approach for evaluating whether counterterrorism security measures reduce risk sufficiently to justify their costs. The approach uses only four variables: the consequences of a successful attack, the likelihood of a successful attack, the degree to which the security measure reduces risk, and the cost of the security measure. After measuring the cost of a counterterrorism measure, we explore a range of outcomes for the costs of terrorist attacks and a range of possible estimates for how much risk might be reduced by the measure. Then working from this mix of information and assumptions, we can calculate how many terrorist attacks (and of what size) would need to be averted to justify the cost of the counterterrorism measure in narrow cost–benefit terms. To illustrate this approach, we first apply it to the overall increases in domestic counterterrorism expenditures that have taken place since the terrorist attacks of September 11, 2001, and alternatively we apply it to just the FBI's counterterrorism efforts. We then evaluate evidence on the number and size of terrorist attacks that have actually been averted or might have been averted since 9/11.

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