 2014 - 2015 | |||||||||||||||||||||||||||||
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| 1411-7134-30 | Military Law | ||||||||||||||||||||||||||||
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| FACULTY OF LAW | |||||||||||||||||||||||||||||
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University credit hours: 2.0
Course description
Military Law - Judge Shai Yaniv
Military law has vast expense of application over most Israeli population. Its sources of authority are Basic law: the Army; Military Justice Law 5715-1955; and the independent limitation clause as enacted under Section 9 to Basic law: Human Dignity and Liberty. The military law arouses considerable difficulties to Democracy State. Such difficulties constitute significant component of the Israeli legal and social dialogue. The course's objective is to be familiar with the essence of Military law; the reciprocal relations between army and society; the military law's linkage to general law and the uniqueness of Military Law. The background of the above legal analysis will be the recent evolution over the last few years, in the said legal matters. The course will address basic issues, such as: unique elements of Military Law; military law's application; military jurisdiction; commander's liability; obedience to orders. Additional focus will address the aspects of evolution of detention law (investigative detention as well as detention till completion of proceedings); drug offenses; disciplinary (administrative) law; military debriefing and its privilege; insubordination; the elements of interference of Israeli Supreme Court in military affairs, in their broad term.
Grade: Final closed-book (Military Justice Law only) exam 100%.