ABSTRACT
Introduction Millions of soldiers have been serving during the past decade in military operations worldwide. They have operated under often extreme circumstances and have seen war and peace during operational tours of duty for periods of 4-24 months. During these missions, they may have encountered nerve-racking insurgencies, child soldiers, criminal gangs, rebel militia, sleep deprivation, extreme weather conditions, improvised explosive devices, death and injury of fellow soldiers and indiscriminate attacks on the civilian population. It is also under these circumstances that commanders may fail to apply the rules or soldiers may overreact to situations. Inappropriate or criminal behavior could also be linked to long and protracted operations. Uncertainty about the role of the mission or the political and strategic endgame attributes to such overreaction as do unexpected changes in the deployment periods. Soldiers may have lost sight of what is normal. The others do not adhere to rules, why should they? The role of the commander is of vital importance. His role is decisive when unit morale is under siege. A commander should be able to anticipate difficulties before they arise and prevent inappropriate actions before they happen. If he fails in that primary task, he still has an option to redress the situation, using his authority to intervene and stop inappropriate behavior. Eventually, the commander has the responsibility to report criminal behavior and take necessary disciplinary actions. In this chapter, some contemporary examples are used to illustrate the role of military law and how the law in general may influence military operations. The chapter also explains why relatively few cases lead to criminal convictions. Additionally it will illuminate the role of the commander, his legal adviser, and their respective roles to maintain high standards of conduct. The chapter also identifies operational circumstances that are risk-sensitive and it recommends ways to improve the standard of conduct for soldiers during military operations.
