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Faculty Scholarship

Duke Law

Military, War, and Peace

1985

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Full-Text Articles in Law

The Military Justice System And Command Accountability, Charles J. Dunlap Jr. Jan 1985

The Military Justice System And Command Accountability, Charles J. Dunlap Jr.

Faculty Scholarship

The Long Commission, which investigated the terrorist bombing of the Beirut Marine barracks, recommended punitive action against officers in the chain of command. The president, however, ruled out courts-martial. This article examines the concept of command accountability and the role of the military justice system.

Professional dereliction and incompetence have rarely been punished since World War II. . . . Failure to do so has bred an atmosphere of professional unaccountability that encourages, because it does not penalize, repetition of failure on the battlefield.