1.
The Third of May 1808
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The Third of May 1808 is a painting completed in 1814 by the Spanish painter Francisco Goya, now in the Museo del Prado, Madrid. In the work, Goya sought to commemorate Spanish resistance to Napoleons armies during the occupation of 1808 in the Peninsular War, along with its companion piece of the same size, The Second of May 1808, it was commissioned by the provisional government of Spain at Goyas suggestion. The paintings content, presentation, and emotional force secure its status as a groundbreaking, although it draws on many sources from both high and popular art, The Third of May 1808 marks a clear break from convention. Diverging from the traditions of Christian art and traditional depictions of war, it has no distinct precedent, and is acknowledged as one of the first paintings of the modern era. According to the art historian Kenneth Clark, The Third of May 1808 is the first great picture which can be called revolutionary in every sense of the word, in style, in subject, and in intention. The Third of May 1808 has inspired a number of major paintings, including a series by Édouard Manet. Napoleon I of France declared himself First Consul of the French Republic on November 10,1799, because Spain controlled access to the Mediterranean, the country was politically and strategically important to French interests. The reigning Spanish sovereign, Charles IV, was regarded as ineffectual. Even in his own court he was seen as a king who renounces cares of state for the satisfaction of hunting. Godoy was seduced, and accepted the French offer, Ferdinand intended not only that Godoy be killed during the impending power struggle, but also that the lives of his own parents be sacrificed. Under the guise of reinforcing the Spanish armies,23,000 French troops entered Spain unopposed in November 1807, even when Napoleons intentions became clear the following February, the occupying forces found little resistance apart from isolated actions in disconnected areas, including Saragossa. After Napoleon convinced Ferdinand to return Spanish rule to Charles IV, although the Spanish people had accepted foreign monarchs in the past, they deeply resented the new French ruler. On May 2,1808, provoked by news of the removal to France of the last members of the Spanish royal family. A proclamation issued that day to his troops by Marshal Murat read, The population of Madrid, led astray, has given itself to revolt, all those arrested in the uprising, arms in hand, will be shot. Much the better known of the pair, The Third of May illustrates the French reprisals, before dawn the next day hundreds of Spaniards were rounded up and shot, at a number of locations around Madrid. Civilian Spanish opposition persisted as a feature of the ensuing five-year Peninsular War, irregular Spanish forces considerably aided the Spanish, Portuguese, and British armies jointly led by Sir Arthur Wellesley, who first landed in Portugal in August 1808. By the time of the conception, the public imagination had made the rioters symbols of heroism and patriotism. Like other Spanish liberals, Goya was personally placed in a position by the French invasion
2.
Francisco Goya
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Francisco José de Goya y Lucientes was a Spanish romantic painter and printmaker. He is considered the most important Spanish artist of late 18th and early 19th centuries and throughout his career was a commentator. Immensely successful in his lifetime, Goya is often referred to as both the last of the Old Masters and the first of the moderns and he was also one of the great portraitists of modern times. He was born to a modest family in 1746 in the village of Fuendetodos in Aragon and he studied painting from age 14 under José Luzán y Martinez and moved to Madrid to study with Anton Raphael Mengs. He married Josefa Bayeu in 1773, the couples life together was characterised by an almost constant series of pregnancies and miscarriages, Goya was a guarded man and although letters and writings survive, little is known about his thoughts. He suffered a severe and undiagnosed illness in 1793 which left him completely deaf, after 1793 his work became progressively darker and more pessimistic. His later easel and mural paintings, prints and drawings appear to reflect a bleak outlook on personal, social and political levels and he was appointed Director of the Royal Academy in 1795, the year Manuel Godoy made an unfavorable treaty with France. In 1799 Goya became Primer Pintor de Cámara, the then-highest rank for a Spanish court painter, in the late 1790s, commissioned by Godoy, he completed his La maja desnuda, a remarkably daring nude for the time and clearly indebted to Diego Velázquez. In 1801 he painted Charles IV of Spain and His Family, in 1807 Napoleon led the French army into Spain. Goya remained in Madrid during the Peninsular War, which seems to have affected him deeply. Although he did not vocalise his thoughts in public, they can be inferred from his Disasters of War series of prints and his 1814 paintings The Second of May 1808 and The Third of May 1808. Goya eventually abandoned Spain in 1824 to retire to the French city of Bordeaux, accompanied by his much younger maid and companion, Leocadia Weiss, there he completed his La Tauromaquia series and a number of other, major, canvases. Following a stroke left him paralyzed on his right side. His body was later re-interred in Spain, Francisco Goya was born in Fuendetodos, Aragón, Spain, on 30 March 1746 to José Benito de Goya y Franque and Gracia de Lucientes y Salvador. The family had moved that year from the city of Zaragoza, José was the son of a notary and of Basque origin, his ancestors being from Zerain, earning his living as a gilder, specialising in religious and decorative craftwork. He oversaw the gilding and most of the ornamentation during the rebuilding of the Basilica of Our Lady of the Pillar, Francisco was their fourth child, following his sister Rita, brother Tomás and second sister Jacinta. There were two sons, Mariano and Camilo. His mothers family had pretensions of nobility and the house, a modest brick cottage, was owned by her family and, perhaps fancifully, about 1749 José and Gracia bought a home in Zaragoza and were able to return to live in the city
3.
Dos de Mayo Uprising
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The city had been under the occupation of Napoleons army since 23 March of the same year. King Charles IV had been forced to abdicate in favour of his son Ferdinand VII, the uprising in Madrid, together with the subsequent proclamation as king of Napoleons brother Joseph, provoked resistance across Spain to French rule. Murat was the brother-in-law of Napoleon, and would become king of Naples. Initially the governing council of the city refused the request from Murat, on 2 May a crowd began to gather in front of the Royal Palace in Madrid. Those gathered entered the grounds in an attempt to prevent the removal of Francisco de Paula. Marshal Murat sent a battalion of grenadiers from the Imperial Guard to the palace along with artillery detachments, the latter opened fire on the assembled crowd, and the rebellion began to spread to other parts of the city. What followed was street fighting in different areas of Madrid as the poorly armed population confronted the French troops, Murat had quickly moved the majority of his troops into the city and there was heavy fighting around the Puerta del Sol and the Puerta de Toledo. Marshal Murat imposed martial law in the city and assumed control of the administration. Little by little the French regained control of the city, the painting by the Spanish artist Goya, The Charge of the Mamelukes, portrays the street fighting that took place. There were Spanish troops stationed in the city, but they remained confined to barracks, the only Spanish troops to disobey orders were from the artillery units at the barracks of Monteleón, who joined the uprising. Two officers of these troops, Luis Daoíz de Torres and Pedro Velarde y Santillán are still commemorated as heroes of the rebellion, both died during the French assault of the barracks, as the rebels were reduced by vastly superior numbers. The repression following the crushing of the rebellion was harsh. Murat created a commission on the evening of 2 May to be presided over by General Grouchy. This commission issued death sentences to all of those captured who were bearing weapons of any kind, in a statement issued that day Murat said, The population of Madrid, led astray, has given itself to revolt and murder. All those arrested in the uprising, arms in hand, will be shot, all public meetings were prohibited and an order was issued requiring all weapons to be handed in to the authorities. Hundreds of prisoners were executed the following day, a captured in a famous painting by Goya. The name of this declaration was Bando de los alcaldes de Móstoles or bando de la Independencia which translates to Declaration of Independence. While the French occupiers hoped that their rapid suppression of the uprising would demonstrate their control of Spain, in the weeks that followed there were further rebellions in different parts of the country
4.
Madrid
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Madrid is the capital city of the Kingdom of Spain and the largest municipality in both the Community of Madrid and Spain as a whole. The city has a population of almost 3.2 million with an area population of approximately 6.5 million. It is the third-largest city in the European Union after London and Berlin, the municipality itself covers an area of 604.3 km2. Madrid lies on the River Manzanares in the centre of both the country and the Community of Madrid, this community is bordered by the communities of Castile and León. As the capital city of Spain, seat of government, and residence of the Spanish monarch, Madrid is also the political, economic, the current mayor is Manuela Carmena from Ahora Madrid. Madrid is home to two football clubs, Real Madrid and Atlético de Madrid. Madrid is the 17th most liveable city in the according to Monocle magazine. Madrid organises fairs such as FITUR, ARCO, SIMO TCI, while Madrid possesses modern infrastructure, it has preserved the look and feel of many of its historic neighbourhoods and streets. Cibeles Palace and Fountain have become one of the monument symbols of the city, the first documented reference of the city originates in Andalusan times as the Arabic مجريط Majrīṭ, which was retained in Medieval Spanish as Magerit. A wider number of theories have been formulated on possible earlier origins, according to legend, Madrid was founded by Ocno Bianor and was named Metragirta or Mantua Carpetana. The most ancient recorded name of the city Magerit comes from the name of a built on the Manzanares River in the 9th century AD. Nevertheless, it is speculated that the origin of the current name of the city comes from the 2nd century BC. The Roman Empire established a settlement on the banks of the Manzanares river, the name of this first village was Matrice. In the 8th century, the Islamic conquest of the Iberian Peninsula saw the changed to Mayrit, from the Arabic term ميرا Mayra. The modern Madrid evolved from the Mozarabic Matrit, which is still in the Madrilenian gentilic, after the disintegration of the Caliphate of Córdoba, Madrid was integrated in the Taifa of Toledo. With the surrender of Toledo to Alfonso VI of León and Castile, the city was conquered by Christians in 1085, Christians replaced Muslims in the occupation of the centre of the city, while Muslims and Jews settled in the suburbs. The city was thriving and was given the title of Villa, since 1188, Madrid won the right to be a city with representation in the courts of Castile. In 1202, King Alfonso VIII of Castile gave Madrid its first charter to regulate the municipal council, which was expanded in 1222 by Ferdinand III of Castile
5.
Capital punishment
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Capital punishment, also known as the death penalty, is a government sanctioned practice whereby a person is put to death by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, etymologically, the term capital in this context alluded to execution by beheading. Fifty-six countries retain capital punishment,103 countries have abolished it de jure for all crimes, six have abolished it for ordinary crimes. Capital punishment is a matter of controversy in various countries and states. In the European Union, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment, also, the Council of Europe, which has 47 member states, prohibits the use of the death penalty by its members. The United Nations General Assembly has adopted, in 2007,2008,2010,2012 and 2014, non-binding resolutions calling for a moratorium on executions. Although most nations have abolished capital punishment, over 60% of the population live in countries where executions take place, such as China, India. Execution of criminals and political opponents has been used by nearly all societies—both to punish crime, in most countries that practise capital punishment it is reserved for murder, terrorism, war crimes, espionage, treason, defection or as part of military justice. In many countries use the death penalty, drug trafficking is also a capital offence. In China, human trafficking and serious cases of corruption are punished by the death penalty, in militaries around the world courts-martial have imposed death sentences for offences such as cowardice, desertion, insubordination, and mutiny. The use of formal execution extends to the beginning of recorded history, most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing generally included compensation by the wrongdoer, corporal punishment, shunning, banishment, usually, compensation and shunning were enough as a form of justice. The response to crime committed by neighbouring tribes or communities included a formal apology, a blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of a system based on state or organized religion. It may result from crime, land disputes or a code of honour, acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies that injury to property, rights, or the person will not go unpunished. However, in practice, it is difficult to distinguish between a war of vendetta and one of conquest. Elaborations of tribal arbitration of feuds included peace settlements often done in a religious context, compensation was based on the principle of substitution which might include material compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, the person offered for execution did not have to be an original perpetrator of the crime because the system was based on tribes, not individuals
6.
Summary offense
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A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment. In Canada, summary offences are referred to as summary conviction offences, as in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the laws of Canada and in the legislation of Canadas provinces and territories. As a matter of practical effect, some differences between summary conviction and indictable offences are provided below. Accused must be charged with a conviction within 6 months after the act happened. Limitation periods are set out in the Criminal Code, the police can arrest under summary conviction without an arrest warrant if found committing a summary offense notwithstanding s.495 of the Criminal Code. If the police do not find committing an offense, an arrest warrant is required. Accused does not have to submit fingerprints when charged under Summary Conviction, appeals of summary conviction offences go first to the highest trial court within the jurisdiction. Accused convicted under summary conviction are eligible for a pardon after 5 years provided the accused is not convicted of any further offences during that period, always tried in a provincial court. There is no limit to when charges can be laid. The exception to this point is treason, which has a 3-year limitation period, police do not require a warrant to arrest under an indictable offence, see S.495 Criminal Code Accused has to submit fingerprints when required to appear to answer to an indictable offence. Appeals always go to the Provincial Court of Appeal first, Accused convicted under an indictable offence can apply for parole after 10 years. In Hong Kong, trials for summary offences are heard in one of the territorys Magistrates Courts, in relation to England and Wales, the expression summary offence means an offence which, if committed by an adult, is tried by a summary procedure. In such proceedings there is no jury, the judge decides the guilt or innocence of the accused. Each summary offence is specified by statute which describes the offence, a summary procedure can result in a summary conviction. In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only, as the statute has appointed for his judge. But it has of late been so far extended, as, if a check be not timely given, to threaten the disuse of our admirable and truly English trial by jury, unless only in capital cases. In the United Kingdom, trials for summary offences are heard in one of a number of types of lower court, for England and Wales this is the Magistrates Court
7.
Drumhead court-martial
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A drumhead court-martial is a court-martial held in the field to hear urgent charges of offences committed in action. The term is said to originate from the use of a drumhead as a writing table, as an altar for religious services. The earliest recorded usage is in an English memoir of the Peninsular War, the term sometimes has connotations of summary justice, with an implied lack of judicial impartiality, as noted in the transcripts of the trial at Nuremberg of Josef Bühler. It is also used as a reference to a court in its derogatory form. Since 1934 every division of the German army had a court martial, after the occupation of Poland the high command wished to introduce a system which allowed speedy trials to be performed, as it was believed that a fast process would be a more effective deterrent. In November 1939 a law was passed which permitted drumhead trials if it was deemed necessary during warfare, every commander of a regiment could either decide to inform the court martial of his division or he could convene a drumhead trial when somebody was accused of a crime. The decision of a trial could be executed immediately. During the last two months of World War II, Adolf Hitler authorized the use of Fliegendes Sonder-Standgericht, mobile courts-martial used by the German armed forces, the use of flying refers to their mobility and may also refer to the earlier flying courts martial held in Italian Libya. Italian military judges were flown by aircraft to the location of captured rebels where the rebels were tried in a court martial shortly after capture. An example of this was the trial of five officers found guilty of failing to prevent the Allies from capturing the Ludendorff Bridge during the Battle of Remagen on 7 March 1945. On the direct order from Adolf Hitler, Generalleutnant Rudolf Hübner tried Major Hans Scheller, Captain Willi Bragte, Lt. Karl Heinz Peters, Maj. Herbert Strobel, Hübner, who had no legal experience, acted as both prosecutor and judge. He conducted extremely brief show trials during which he harangued the defendants for their alleged command failures, all of the officers were sentenced to death. Except for Bratge, who had captured, the others were taken to a nearby woods within 24 hours and executed with a shot to the back of the neck. After Admiral Canaris was suspected of involvement in the 20 July Plot, Hitler authorised Himmler to have Canaris tried by a drumhead court-martial
8.
Murder
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A murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, in most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a life sentence where permitted. In many common law jurisdictions, a convicted of murder will receive a mandatory life sentence. In jurisdictions where capital punishment exists, the penalty may be imposed for such an act, however. The modern English word murder descends from the Proto-Indo-European mrtró which meant to die, the Middle English mordre is a noun from Anglo-Saxon morðor and Old French murdre. Middle English mordre is a verb from Anglo-Saxon myrdrian and the Middle English noun, the elements of common law murder are, Unlawful killing through criminal act or omission of a human by another human with malice aforethought. Killing – At common law life ended with cardiopulmonary arrest – the total, with advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life. Сriminal act or omission – Killing can be committed by an act or an omission. of a human – This element presents the issue of life begins. At common law, a fetus was not a human being, life began when the fetus passed through the vagina and took its first breath. By another human – In early common law, suicide was considered murder, the requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder. With malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate, Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice, all that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes malice. The four states of mind recognized as constituting malice are, Under state of mind, intent to kill, thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, intent follows the bullet, examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. In Australian jurisdictions, the risk must amount to a foreseen probability of death. Under state of mind, the doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape. Importantly, the underlying felony cannot be a lesser included offense such as assault, as with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation
9.
Police
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A police force is a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder. Their powers include the use of force. Law enforcement, however, constitutes part of policing activity. Policing has included an array of activities in different situations, in some societies, in the late 18th and early 19th centuries, these developed within the context of maintaining the class system and the protection of private property. Many police forces suffer from police corruption to a greater or lesser degree, the police force is usually a public sector service, meaning they are paid through taxes. Alternative names for police force include constabulary, gendarmerie, police department, police service, crime prevention, protective services, law enforcement agency, members may be referred to as police officers, troopers, sheriffs, constables, rangers, peace officers or civic/civil guards. As police are often interacting with individuals, slang terms are numerous, many slang terms for police officers are decades or centuries old with lost etymology. One of the oldest, cop, has largely lost its slang connotations and this is derived from πόλις, city. Law enforcement in ancient China was carried out by prefects for thousands of years since it developed in both the Chu and Jin kingdoms of the Spring and Autumn period, in Jin, dozens of prefects were spread across the state, each having limited authority and employment period. Under each prefect were subprefects who helped collectively with law enforcement in the area, some prefects were responsible for handling investigations, much like modern police detectives. The concept of the system spread to other cultures such as Korea. In ancient Greece, publicly owned slaves were used by magistrates as police, in Athens, a group of 300 Scythian slaves was used to guard public meetings to keep order and for crowd control, and also assisted with dealing with criminals, handling prisoners, and making arrests. Other duties associated with modern policing, such as investigating crimes, were left to the citizens themselves, in the Roman empire, the army, rather than a dedicated police organization, provided security. Local watchmen were hired by cities to some extra security. Magistrates such as fiscal and quaestors investigated crimes. There was no concept of public prosecution, so victims of crime or their families had to organize and their duties included apprehending thieves and robbers and capturing runaway slaves. The vigiles were supported by the Urban Cohorts who acted as a heavy-duty anti-riot force, in medieval Spain, Santa Hermandades, or holy brotherhoods, peacekeeping associations of armed individuals, were a characteristic of municipal life, especially in Castile. These organizations were intended to be temporary, but became a fixture of Spain
10.
Military
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The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their body and to defend that body. Armed force is the use of armed forces to achieve political objectives, the study of the use of armed forces is called military science. Broadly speaking, this involves considering offense and defense at three levels, strategy, operational art, and tactics, all three levels study the application of the use of force in order to achieve a desired objective. In most countries the basis of the forces is the military. However, armed forces can include other paramilitary structures, the obvious benefit to a country in maintaining armed forces is in providing protection from foreign threats and from internal conflict. In recent decades armed forces personnel have also used as emergency civil support roles in post-disaster situations. On the other hand, they may harm a society by engaging in counter-productive warfare. Expenditure on science and technology to develop weapons and systems sometimes produces side benefits, although some claim that greater benefits could come from targeting the money directly
11.
Guerrilla warfare
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The term, the diminutive form of war in Spanish, is usually translated as little war, and the word, guerrilla, has been used to refer to the concept since the 18th century, and perhaps earlier. In correct Spanish usage, a person who is a member of a guerrilla is a guerrillero if male, the term guerrilla was used in English as early as 1809, to refer to the fighters, and also to denote a group or band of such fighters. However, in most languages guerrilla still denotes the style of warfare. The use of the diminutive evokes the differences in number, scale, guerrillas usually carries positive connotations, and is often used by such fighters themselves and by their sympathizers, while their foes in many cases call them terrorists. Making an objective definition of the difference between a guerrilla and a terrorist has proven a difficult task, the strategy and tactics of guerrilla warfare tend to focus around the use of a small, mobile force competing against a larger, more unwieldy one. The Guerrilla focuses on organizing in small units, depending on the support of the local population, tactically, the guerrilla army would avoid any confrontation with large units of enemy troops, but seek and eliminate small groups of soldiers to minimize losses and exhaust the opposing force. Not limiting their targets to personnel, enemy resources are preferred targets. All of that is to weaken the strength, to cause the enemy eventually to be unable to prosecute the war any longer. It is often misunderstood that guerrilla warfare must involve disguising as civilians to cause enemy troops to fail in telling friend from foe, however, this is not a primary feature of a guerrilla war. This type of war can be practiced anywhere there are places for combatants to cover themselves, at least one author credits the ancient Chinese work The Art of War with providing instruction in such tactics to Mao. The Chinese general and strategist Sun Tzu, in his The Art of War or 600 BC to 501 BC, was the earliest to propose the use of guerrilla warfare and this directly inspired the development of modern guerrilla warfare. Guerrilla tactics were employed by prehistoric tribal warriors against enemy tribes. Evidence of conventional warfare, on the hand, did not emerge until 3100 BC in Egypt. Since the Enlightenment, ideologies such as nationalism, liberalism, socialism, because of the innovative tactics he used during his command, he made himself the name of Terror Romanorum. A counter-insurgency or counterinsurgency operation involves actions taken by the government of a nation to contain or quell an insurgency taken up against it. Counter-insurgency operations are common during war, occupation and armed rebellions, the two most influential of scholars of counter-insurgency have been Westerners whose job it had been to fight insurgents. Robert Thompson fought during the Malayan Emergency and David Galula fought during the Algerian War, together these officers advocated multi-pronged strategies to win over the civilian population to the side of the counter-insurgent. The widely distributed and influential work of Sir Robert Thompson, counter-insurgency expert of the Malayan Emergency, thompsons underlying assumption was that the counter-insurgent was committed to improving the rule of law and bettering local governance
12.
Counter-insurgency
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According to the U. S. Insurgency is the organized use of subversion and violence to seize, nullify or challenge political control of a region. As such, it is primarily a struggle, in which both sides use armed force to create space for their political, economic and influence activities to be effective. Counter-insurgency is normally conducted as a combination of military operations and other means, such as demoralization in the form of propaganda, psy-ops. Counter-insurgency operations include many different facets, military, paramilitary, political, economic, psychological, to understand counter-insurgency, one must understand insurgency to comprehend the dynamics of revolutionary warfare. Insurgents capitalize on societal problems, often called gaps, counter-insurgency addresses closing the gaps, when the gaps are wide, they create a sea of discontent, creating the environment in which the insurgent can operate. He defines this distinction as Maoist and post-Maoist insurgency, caldwell wrote, The law of armed conflict requires that, to use force, combatants must distinguish individuals presenting a threat from innocent civilians. This basic principle is accepted by all disciplined militaries, in the counterinsurgency, disciplined application of force is even more critical because our enemies camouflage themselves in the civilian population. The third Marques of Santa Cruz de Marcenado is probably the earliest author who dealt systematically in his writings with counter-insurgency, strikingly, Santa Cruz recognized that insurgencies are usually due to real grievances, A state rarely rises up without the fault of its governors. Consequently, he advocated clemency towards the population and good governance, to seek the peoples heart, the majority of counter-insurgency efforts by major powers in the last century have been spectacularly unsuccessful. This may be attributed to a number of causes and he showed as a prime example the French occupation of Spain during the Napoleonic wars. Whenever Spanish forces managed to constitute themselves into a fighting force. However, once dispersed and decentralized, the nature of the rebel campaigns proved a decisive counter to French superiority on the battlefield. Counter-insurgency efforts may be successful, especially when the insurgents are unpopular, the Philippine–American War, the Shining Path in Peru, and the Malayan Emergency in Malaya have been the sites of failed insurgencies. Hart also points to the experiences of T. E. Lawrence, in both the preceding cases, the insurgents and rebel fighters were working in conjunction with or in a manner complementary to regular forces. Such was also the case with the French Resistance during World War II, the strategy in these cases is for the irregular combatant to weaken and destabilize the enemy to such a degree that victory is easy or assured for the regular forces. However, in many rebellions, one does not see rebel fighters working in conjunction with regular forces. Rather, they are home-grown militias or imported fighters who have no unified goals or objectives save to expel the occupier, according to Liddell Hart, there are few effective counter-measures to this strategy. So long as the insurgency maintains popular support, it will all of its strategic advantages of mobility, invisibility, and legitimacy in its own eyes
13.
Terrorism
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Terrorism is, in its broadest sense, the use of intentionally indiscriminate violence as a means to create terror or fear, in order to achieve a political, religious, or ideological aim. It is classified as fourth-generation warfare and as a violent crime, in modern times, terrorism is considered a major threat to society and therefore illegal under anti-terrorism laws in most jurisdictions. It is also considered a war crime under the laws of war when used to target non-combatants, such as civilians, neutral military personnel, a broad array of political organizations have practiced terrorism to further their objectives. It has been practiced by both right-wing and left-wing political organizations, nationalist groups, religious groups, revolutionaries, and ruling governments, there is no universally agreed upon definition of the term, and many definitions exist. According to data from the Global Terrorism Database, more than 61,000 incidents of non-state terrorism, Terrorism comes from the French word terrorisme, and originally referred specifically to state terrorism as practiced by the French government during the 1793–1794 Reign of Terror. The French word terrorisme in turn derives from the Latin verb terrere meaning to frighten, the Jacobins, coming to power in France in 1792, are said to have initiated the Reign of Terror. After the Jacobins lost power, the word terrorist became a term of abuse, although terrorism originally referred to acts committed by a government, currently it usually refers to the killing of innocent people for political purposes in such a way as to create a spectacle. This meaning can be traced back to Sergey Nechayev, who described himself as a terrorist, Nechayev founded the Russian terrorist group Peoples Retribution in 1869. It is a form of state-terrorism, the concept was however developed long before the Second Gulf War by Harlan Ullman as chair of a forum of retired military personnel. The definition of terrorism has proven controversial, various legal systems and government agencies use different definitions of terrorism in their national legislation. Moreover, the community has been slow to formulate a universally agreed. These difficulties arise from the fact that the term terrorism is politically and emotionally charged, in this regard, Angus Martyn, briefing the Australian parliament, stated, The international community has never succeeded in developing an accepted comprehensive definition of terrorism. The international community has adopted a series of conventions that define. U. S. Bruce Hoffman, a scholar, has noted, experts and other long-established scholars in the field are equally incapable of reaching a consensus. Four years and a second later, Schmid was no closer to the goal of his quest. Walter Laqueur despaired of defining terrorism in both editions of his work on the subject, maintaining that it is neither possible to do so nor worthwhile to make the attempt. Hoffman believes it is possible to some key characteristics of terrorism. A definition proposed by Carsten Bockstette at the George C, such acts are meant to send a message from an illicit clandestine organization
14.
Constitution
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A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i. e. constitute, some constitutions are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from states to companies. A treaty which establishes an international organization is also its constitution, within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a states rulers cannot cross, the term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments. Later, the term was used in canon law for an important determination, especially a decree issued by the Pope. The Latin term ultra vires describes activities of officials within an organization or polity that fall outside the constitutional or statutory authority of those officials. Ultra vires gives a justification for the forced cessation of such action. A violation of rights by an official would be ultra vires because a right is a restriction on the powers of government, and therefore that official would be exercising powers they do not have. It was never law, even though, if it had been a statute or statutory provision, in such a case, only the application may be ruled unconstitutional. Historically, the remedy for such violations have been petitions for common law writs, excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC. Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered, for example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur, some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law. In 621 BC a scribe named Draco codified the cruel oral laws of the city-state of Athens, in 594 BC Solon, the ruler of Athens, created the new Solonian Constitution. It eased the burden of the workers, and determined that membership of the class was to be based on wealth. Cleisthenes again reformed the Athenian constitution and set it on a footing in 508 BC. The most basic definition he used to describe a constitution in general terms was the arrangement of the offices in a state
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Common law
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Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and tribunals. In cases where the parties disagree on what the law is, if a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. Resolution of the issue in one case becomes precedent that binds future courts, stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems. A common law system is a system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, today, one third of the worlds population live in common law jurisdictions or in systems mixed with civil law. The term common law has many connotations, the first three set out here are the most-common usages within the legal community. Other connotations from past centuries are seen, and are sometimes heard in everyday speech. Blacks Law Dictionary, 10th Ed. gives as definition 1,1, the body of law derived from judicial decisions, rather than from statutes or constitutions, CASELAW, STATUTORY LAW. In this connotation, common law distinguishes the authority that promulgated a law. e, examples include most criminal law and procedural law before the 20th century, and even today, most contract law and the law of torts. Interstitial common law decisions that analyze, interpret and determine the fine boundaries. Publication of decisions, and indexing, is essential to the development of common law, while all decisions in common law jurisdictions are precedent, some become leading cases or landmark decisions that are cited especially often. Blacks 10th Ed. definition 2, differentiates common law jurisdictions, by contrast, in civil law jurisdictions, courts lack authority to act if there is no statute. Judicial precedent is given less weight, which means that a judge deciding a given case has more freedom to interpret the text of a statute independently. For example, the Napoleonic code expressly forbade French judges to pronounce general principles of law. As a rule of thumb, common law systems trace their history to England, blacks 10th Ed. definition 4, differentiates common law from equity. This split propagated to many of the colonies, including the United States, for most purposes, most jurisdictions, including the U. S. federal system and most states, have merged the two courts. Additionally, even before the courts were merged, most courts were permitted to apply both law and equity, though under potentially different procedural law. In the United States, determining whether the Seventh Amendments right to a jury trial applies or whether the issue will be decided by a judge, the standard of review and degree of deference given by an appellate tribunal to the decision of the lower tribunal under review
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Martial law
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It is usually imposed temporarily when the government or civilian authorities fail to function effectively. Martial law can be used by governments to enforce their rule over the public, such incidents may occur after a coup détat, when threatened by popular protest, to suppress political opposition, or to stabilize insurrections or perceived insurrections. Martial law may be declared in cases of natural disasters, however, most countries use a different legal construct. Martial law has also been imposed during conflicts, and in cases of occupations, examples of this form of military rule include post World War II reconstruction in Germany and Japan as well as the Southern Reconstruction following the U. S. Civil War. Civilians defying martial law may be subjected to military tribunal, the Black War was a period of violent conflict between British colonists and Aboriginal Australians in Tasmania from the mid-1820s to 1832. With an escalation of violence in the late 1820s, Lieutenant-Governor George Arthur declared martial law in November 1828—effectively providing legal immunity for killing Aboriginal people and it would remain in force for more than three years, the longest period of martial law in Australian history. Brunei has been under a law since a rebellion occurred on 8 December 1962 known as the Brunei Revolt and was put down by British troops from Singapore. e. The military does not administer justice, which remains in the hands of the courts, the Act has been invoked three times, During World War I, World War II, and the October Crisis of 1970. In 1988, the War Measures Act was replaced by the Emergencies Act, during the colonial era, martial law was proclaimed and applied in the territory of the Province of Quebec during the invasion of Canada by the army of the American Continental Congress in 1775–1776. It was also applied twice in the territory of Lower Canada during the 1837–1838 insurrections and it was imposed until April 27,1838. Martial law was proclaimed a second time on November 4,1838, this time by acting Governor John Colborne, in Egypt, a State of Emergency has been in effect almost continuously since 1967. Following the assassination of President Anwar el-Sadat in 1981, state of emergency was declared, Egypt has been under state of emergency ever since, the Parliament has renewed the emergency laws every three years since they were imposed. The legislation was extended in 2003 and were due to expire at the end of May 2006, but after the Dahab bombings in April of that year, state of emergency was renewed for another two years. In May 2008 there was an extension to June 2010. In May 2010, the state of emergency was extended, albeit with a promise from the government to be applied only to Terrorism. Public demonstrations are banned under the legislation, under martial law the source of power is not the people, not the parliament, not the constitution, not a Holy Text, but solely the Supreme Council of the Armed Forces. The military issued in its announcement the end of the State of Emergency as soon as order is restored in Egypt. Before martial law, the Egyptian parliament under the constitution had the power to declare a State of Emergency
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Geneva Conventions
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The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment in war. The treaties of 1949 were ratified, in whole or with reservations, the Swiss businessman Henry Dunant went to visit wounded soldiers after the Battle of Solferino in 1859. He was shocked by the lack of facilities, personnel, as a result, he published his book, A Memory of Solferino, in 1862, on the horrors of war. The latter led to the 1864 Geneva Convention, the first codified international treaty that covered the sick, for both of these accomplishments, Henry Dunant became corecipient of the first Nobel Peace Prize in 1901. The ten articles of this first treaty were initially adopted on 22 August 1864 by twelve nations, on 20 October 1868 the first, unsuccessful, attempt to expand the 1864 treaty was undertaken. With the Additional Articles relating to the Condition of the Wounded in War an attempt was undertaken to clarify some rules of the 1864 convention, the Articles were signed but never ratified by all parties. Only the Netherlands and the United States ratified the Articles, the Netherlands later withdrew their ratification. The protection of the victims of warfare would later be realized by the third Hague Convention of 1899. In 1906 thirty-five states attended a conference convened by the Swiss government and it remained into force until 1970 when Costa Rica acceded to the 1949 Geneva Conventions. The 1929 conference yielded two conventions that were signed on July 27th 1929, one, the Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field, was the third version to replace the original convention of 1864. The other was adopted after experiences in World War I had shown the deficiencies in the protection of prisoners of war under the Hague Conventions of 1899 and 1907. The Convention relative to the Treatment of Prisoners of War was not to replace these earlier conventions signed at The Hague, the Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea replaced the Hague Convention of 1907. It was the first Geneva Convention on the protection of the victims of warfare and mimicked the structure. The Third Geneva Convention relative to the Treatment of Prisoners of War replaced the 1929 Geneva Convention that dealt with prisoners of war. In addition to these three conventions, the conference added a new elaborate Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. It was the first Geneva Convention not to deal with combatants, the 1899 and 1907 Hague Conventions had already contained some provisions on the protection of civilians and occupied territory. Article 154 specifically provides that the Fourth Geneva Convention is supplementary to these provisions in the Hague Conventions, despite the length of these documents, they were found over time to be incomplete. In light of developments, two Protocols were adopted in 1977 that extended the terms of the 1949 Conventions with additional protections
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Hague Conventions of 1899 and 1907
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The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. The First Hague Conference was held in 1899 and the Second Hague Conference in 1907, along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, the 1874 Brussels Declaration listed 56 articles that drew inspiration from the Lieber Code. Much of the regulations in the Hague Conventions were borrowed heavily from the Lieber Code, both conferences included negotiations concerning disarmament, the laws of war and war crimes. This effort, however, failed at both conferences, instead a voluntary forum for arbitration, the Permanent Court of Arbitration, was established, the peace conference was proposed on 24 August 1898 by Russian Tsar Nicholas II. Nicholas and Count Mikhail Nikolayevich Muravyov, his minister, were instrumental in initiating the conference. The conference opened on 18 May 1899, the Tsars birthday, the treaties, declarations, and final act of the conference were signed on 29 July of that year, and they entered into force on 4 September 1900. Convention with respect to the Laws and Customs of War on Land This voluminous convention contains the laws to be used in all wars on land between signatories, inhabitants of occupied territories may not be forced into military service against their own country and collective punishment is forbidden. The section was ratified by all major powers mentioned above and it too was ratified by all major powers. The declaration was ratified by all the powers mentioned above, except the United Kingdom. Ratified by all major powers, except the United States and this directly banned soft-point bullets and cross-tipped bullets. It was ratified by all major powers, except the United States, the second conference, in 1907, resulted in conventions containing only few major advancements from the 1899 Convention. However, the meeting of powers did prefigure later 20th-century attempts at international cooperation. The second conference was called at the suggestion of U. S. President Theodore Roosevelt in 1904, the Second Peace Conference was held from 15 June to 18 October 1907. The intent of the conference was to expand upon the 1899 Hague Convention by modifying some parts and adding new topics, in particular, the 1907 conference had an increased focus on naval warfare. The British attempted to secure limitation of armaments, but these efforts were defeated by the powers, led by Germany. Germany also rejected proposals for compulsory arbitration, however, the conference did enlarge the machinery for voluntary arbitration and established conventions regulating the collection of debts, rules of war, and the rights and obligations of neutrals. The treaties, declarations, and final act of the Second Conference were signed on 18 October 1907, Convention respecting the Laws and Customs of War on Land This convention confirms, with minor modifications, the provisions of Convention of 1899
