Maintain and protect. Civilian control over the army and the best practices of civilian-military relations
We are in an extremely difficult social and military situation. Many factors that determine relations between civil and military have undergone serious trials in recent years. In geopolitical terms, the collapse of wars in Iraq and Afghanistan and the strengthening of the confrontation of the great powers implies that the US military should accept the completion of wars that have not achieved all their goals, and at the same time prepare for a new round of confrontation with the main rivals.
In the social sphere, the pandemic and economic upheavals have broken the social foundations and created many problems for individuals and whole families. With regard to the political sphere, professional military operate in an extremely unfavorable situation, characterized by a split and radical confrontation. The culmination of this confrontation was the first elections for over a century, during which the peaceful transfer of political power was violated and questioned.
All of these factors may worsen in the future. In this light, it is useful to consider the basic principles and successful practices, through which professionals in the civil and military spheres maintained healthy relations between military and civilians in America of the past - and with proper diligence they will be able to continue to do so in the future. 1. Civil control of the Armed Forces is part of the foundation of American democracy.
The democratic project is not threatened by the existence of a powerful regular army until civil and military leaders, as well as ordinary under their leadership, accept and exercise effective civilian control. 2. Civil control acts within the constitutional limits under the conditions of the rule of law. The military is swearing to support and protect the Constitution, not a particular official.
All civilians, regardless of whether they oath or not, are also obliged to support and defend the Constitution is their higher obligation. 3. According to the US Constitution, civil control over the armed forces shall be distributed among all three branches of power. In the end, civilian control is exercised by the will of the American people, expressed during the elections. 4.
Civil control over operational orders shall be exercised within the executive power from the chain of command coming from the President, the Civil Minister of Defense to the Commander of the troops.
Within the limits of the executive, civil control is carried out for the development and implementation of political measures through interagency interaction, which enables civilian political officials appointed by the President, as well as career officials in the public service to develop options for decisions for the President, taking into account the recommendations of the military.
The Chairman of the Joint Committee of Chiefs of Staff is not included in the formal chain of command, but according to the best latest practice, the chairman is included in the chain of orders and policy development. 5. Within the framework of the legislature, civil control shall be exercised through broad powers listed in the article and the US Constitution, starting with the authority to declare wars, create and maintain the army, and maintain and maintain the Navy.
Congress determines the distribution of funds without which military activity is impossible. The Senate advises and agrees to promote officers to O-4 and above. The Senate was also instructed to give recommendations and consent to the appointment of some civilian political officials. Congress oversees military activity and may require testimony from military or civilian officials, with minor exceptions.
Congress members give committees' staff employees authority to formulate decisions for decision -making committees and Congress as a whole, and thus play an important role in civilian policy supervision. 6. Within the limits of the judiciary, civil control shall be exercised in certain cases or in the event of contradictions by judicial review of political decisions, orders and actions on the Armed Forces.
In practice, the right to declare a political decision/order/act unlawful or unconstitutional is crucial, since the military is obliged (by law and in accordance with professional ethics) to refuse to execute illegally or unconstitutional political decision/order/action. 7. Civil control is exacerbated by effective civilian-military relations. Civil-military relations are a dynamic and interconnected process that changes according to the style of leadership of civil leaders.
According to the best practices, military-civil relations are subordinated to the established order of development of policies and laws, which protects both military and civil control. The laws, political decisions and orders are proposed in the adopted order are thoroughly inspected in various agencies to ensure that their legality, expediency and probable efficiency.
However, regardless of the process, higher military and civilian executives are responsible for any order they received from the President. 8. The military is obliged to assist civilian leaders of both the executive and the legislative power in the development of appropriate and ethical directives, but should only be fulfilled if the directives are legal.
The highest military and civil leadership is obliged to give the President his thoughts and advice, including the consequences of a particular order. 9. Although the military-civil system (as described above) can respond quickly to protect the nation during the crisis, it is intended to be advisory to ensure that the authority to use the violence and coercion of the US Armed Forces will not be used as intended. 10.
Selected (and appointed) civilians have the right to be mistaken, that is, they have the right to insist on politics or direction, which, as it turns out, was erroneous. This right is retained, even if other persons warn in advance that these actions are erroneous. 11. The military is obliged to obey legal orders in which they doubt. Civil officials should provide the military with ample opportunity to express their doubts.
Civil and military officials should also take care of adequately conveying military decisions to the public. Civil leaders should take responsibility for the consequences of the actions taken under their leadership. 12. The military enhances effective civilian control, addressing clarifications, raising the issues of second and third-and-three consequences, and offering alternative options that may not have been considered. 13.
Mutual trust is a guarantee that civilian leaders will carefully study all the options for the consequences for the country, not party policy, and the military will, for their part, honestly comply with directives that are contrary to their professional military preferences. Yes, mutual trust helps to overcome the misunderstanding that arises in the decision -making process.
The military and civil leadership teams accumulate this reserve of trust in everyday cooperation and use it during the crisis. 14. The main and reserve servicemen and the National Guards have carefully distinguished roles in law enforcement. These roles should only be fulfilled as they meet the Constitution and the relevant laws. The military is obliged to consult the expediency of the proposed actions, and civilians should create the possibility of such discussion.
In the end, the military should comply with legal directives. In most cases, the military should play an auxiliary rather than a leading role in ensuring law and order. 15. The rules and order of the Ministry of Defense impose significant restrictions on the public role of military personnel in party policy. Servicemen accept restrictions on public expression of their private views - restrictions that would be unconstitutional if they were imposed on other citizens.
Military and civilian leaders should make sure that the military does not participate in party political activities. 16. During the presidential elections, the military is dual responsibility. Former US Defense Ministers Dr. Ashton Baldwin Carter, William Sebastian Cohen, Dr. Mark Thomas Esper, Dr. Robert Michael Gates, Charles Timotz Gaygel, James Norman Mattis, Leon Edward Panth, Dr. Paddan retired) Martin Edward Dempsi, General (retired) Joseph Francis Danford Jr.