Vojna disciplina u pravnoj državi: Silent leges inter arma?
Military discipline in the legal state: Silent leges inter arm?

Author(s): Živorad Rašević
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Security and defense, Military policy, Evaluation research, EU-Legislation
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; legislation; legal framework; Armed Forces; BiH; military efficiency; military discipline; EU legislation; human rights; evaluation;
Summary/Abstract: In this article, the legal framework for the disciplinary repression within the Armed Forces of Bosnia and Herzegovina is subjected to criticism, using dogmatic, historical, sociological, philosophical and comparative methods of the legal science. Doubts which concerns the legal nature of this institution, framing it within administrative, criminal and labor law, are resolved in the context of a professional military organization, in favour of the latest. Starting from the prevailing labour nature of military discipline, it was concluded that this framework does not provide minimum procedural guarantees under Articles 5, 6 and 13 of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms, and detected the substantial and technical shortcomings that compromise the legal certainty. Suggested solutions to overcome the present situation, in terms of reform of the legal framework, comprise of legislation that would regulate this issue thoroughly, institutional guarantees of independence and impartiality of the Armed Force's Legal Service and establishment of the military justice core, in order to protect the human rights of members of the Armed Forces in a way that does not compromise military efficiency.

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