The end of military justice in Europe: An agenda for juridical civil-military relations

摘要

This article suggests an agenda for juridical civil-military relations by considering how recent developments in human rights law in Europe breed new forms of juridical civil-military relations. The argument is that the human right driven recasting of legal authority over military affairs from military justice systems to civilian justice systems entwines these systems. Furthermore, that in so far the theories and studies of civil-military relations have not yet addressed the juridical dimension of civil-military relations as a subject of its own right, this entwining calls for a new subject in the study of civil-military relations, straddling the institutional entwining as well as the sociological dimension of practical cooperation.