Difference between revisions of "Desertion"
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==Origin== | ==Origin== | ||
French désertion (1414), [[Latin]] dēsertiōn-em, n. of [[action]] fromdēserĕre to forsake, abandon, de- prefix + serĕre to join | French désertion (1414), [[Latin]] dēsertiōn-em, n. of [[action]] fromdēserĕre to forsake, abandon, de- prefix + serĕre to join | ||
| − | *[ | + | *[https://en.wikipedia.org/wiki/16th_century 1591] |
==Definitions== | ==Definitions== | ||
*1. The [[action]] of deserting, forsaking, or abandoning, esp. a [[person]] or [[thing]] that has [[moral]] or legal claims to the deserter's [[support]]; sometimes simply, abandonment of or departure from a place. | *1. The [[action]] of deserting, forsaking, or abandoning, esp. a [[person]] or [[thing]] that has [[moral]] or legal claims to the deserter's [[support]]; sometimes simply, abandonment of or departure from a place. | ||
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In [[military]] terminology, '''desertion''' is the abandonment of a "[[duty]]" or post without [[permission]] and is done with the [[intention]] of not returning. "[[Absence]] Without Leave" (AWOL) can refer to either desertion or a temporary [[absence]]. | In [[military]] terminology, '''desertion''' is the abandonment of a "[[duty]]" or post without [[permission]] and is done with the [[intention]] of not returning. "[[Absence]] Without Leave" (AWOL) can refer to either desertion or a temporary [[absence]]. | ||
==International Law== | ==International Law== | ||
| − | Under [ | + | Under [https://en.wikipedia.org/wiki/International_law international law], [[ultimate]] "[[duty]]" or "[[responsibility]]" is not necessarily always to a "[[Government]]" nor to "a superior," as seen in the fourth of the [https://en.wikipedia.org/wiki/Nuremberg_Principles Nuremberg Principles], which states: |
<blockquote>"The [[fact]] that a [[person]] acted pursuant to order of his [[Government]] or of a superior does not relieve him from [[responsibility]] under international law, provided a [[moral]] [[choice]] was in fact possible to him."</blockquote> | <blockquote>"The [[fact]] that a [[person]] acted pursuant to order of his [[Government]] or of a superior does not relieve him from [[responsibility]] under international law, provided a [[moral]] [[choice]] was in fact possible to him."</blockquote> | ||
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<blockquote>"Under UN General Assembly Resolution 177 (II), paragraph (a), the International Law Commission was directed to '[[formulate]] the [[principles]] of international law recognized in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal.'"</blockquote> | <blockquote>"Under UN General Assembly Resolution 177 (II), paragraph (a), the International Law Commission was directed to '[[formulate]] the [[principles]] of international law recognized in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal.'"</blockquote> | ||
| − | In 1998, the United Nations [ | + | In 1998, the United Nations [https://en.wikipedia.org/wiki/Office_of_the_High_Commissioner_for_Human_Rights Office of the High Commissioner for Human Rights] [[document]] called “[https://en.wikipedia.org/wiki/Conscientious_objection Conscientious objection] to military service, United Nations Commission on Human Rights resolution 1998/77” [[recognized]] that “[[persons]] [already] performing [[military]] service may develop conscientious objections” while performing military service.[https://en.wikipedia.org/wiki/Desertion] |
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 23:43, 12 December 2020
Origin
French désertion (1414), Latin dēsertiōn-em, n. of action fromdēserĕre to forsake, abandon, de- prefix + serĕre to join
Definitions
- 1. The action of deserting, forsaking, or abandoning, esp. a person or thing that has moral or legal claims to the deserter's support; sometimes simply, abandonment of or departure from a place.
- 2. Law. The wilful abandonment of an employment or of duty, in violation of a legal or moral obligation; esp. such abandonment of the military or naval service. Also, wilful abandonment of the conjugal society, without reasonable cause, on the part of a husband or wife.
- 3. a. Deserted condition; desertedness.
- b. ‘Spiritual despondency: a sense of the dereliction of God’ (Johnson).
Description
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning. "Absence Without Leave" (AWOL) can refer to either desertion or a temporary absence.
International Law
Under international law, ultimate "duty" or "responsibility" is not necessarily always to a "Government" nor to "a superior," as seen in the fourth of the Nuremberg Principles, which states:
"The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."
This Nuremberg Principle of "moral choice," "morality," or "conscience" being the higher authority was subsequently formulated into International Law by the United Nations as we see in this quote:
"Under UN General Assembly Resolution 177 (II), paragraph (a), the International Law Commission was directed to 'formulate the principles of international law recognized in the Charter of the Nuremberg Tribunal and in the judgment of the Tribunal.'"
In 1998, the United Nations Office of the High Commissioner for Human Rights document called “Conscientious objection to military service, United Nations Commission on Human Rights resolution 1998/77” recognized that “persons [already] performing military service may develop conscientious objections” while performing military service.[1]
