The Martial Code

Moderators: (Shireroth) Steward, (Shireroth) Kaiser

Locked
User avatar
Laqi Hyrrion
Posts: 28
Joined: Thu Dec 26, 2013 8:40 pm

The Martial Code

Post by Laqi Hyrrion »

Code: Select all

The Martial Code of Shireroth
A code established by the Landsraad, with the consent of the Kaiseress, for the planning, conduct and prosecution of war and defence of the Imperial Republic and its protectorates.

Section 1 - Introduction
Subsection 1 - Short Title
This Code may be referred to in its short title of the Martial Code.

Subsection 2 - Structure
a. This Code is comprised of four sections, which are then divided into subsections, then into articles and then into numbers.
b. The four sections are:
I. Introduction
II. The Establishment of the Imperial Armed Forces
III. The rights and responsibilities of the Imperial Government
IV. The rights and responsibilities of the Imperial States

Subsection 3 - Amendment and Clarification
a. This Code may be amended by majority vote of the Landsraad or by Imperial decree.
b. It shall be the responsibility of the amending actor (the Praetor or his designated officer in the case of the Landsraad) to ensure that official copies of this Code reflect new amendments.
c. The meaning of specific provisions of this Code may be clarified by a Ministerial Order of the MoMA.
d. Such clarifying Ministerial Orders may always be repealed, reversed or rejected by the Kaiser or Landsraad.

Section 2 - The Establishment of the Imperial Armed Forces
Subsection 1 - Establishment
a. The Imperial Armed Forces are established as the sole body of forces that may use force in the name of the Imperial Government alone.
b. The Imperial Armed Forces shall consist of:
I. The Apollonian Guard, responsible for land warfare.
II. The Imperial Shirerithian Fleet, responsible for naval warfare.
III. The Imperial Shirerithian Air Forces, responsible for air warfare.
c. There shall be a common logistical and medical supply service for all three chains of the Imperial Armed Forces, to be called the Shirerithian Supplies Service.

Subsection 2 - Command and Control
a. The Kaiser shall be Commander-in-Chief of the Imperial Armed Forces.
b. The Kaiser may appoint a Minister of Military Affairs to delegate the control of the day-to-day operations and management of the Imperial Armed Forces to.
I. Upon appointment, the Minister of Military Affairs shall become Lord Marshal of the Apollonian Guards, its Commander-in-Chief.
II. Upon appointment, the Minister of Military Affairs shall be the supreme operational commander of the Imperial Armed Forces subject only to the authority of the Kaiser in this respect.
III. Upon appointment, the Minister of Military Affairs shall be the primary advisor to the Kaiser on matters of military affairs.
c. There shall be a Ministry of Military Affairs that shall regulate the Imperial Armed Forces and Shirerithian Supply Service.
I. The Ministry of Military Affairs shall be subject to the control of the Kaiser, or if appointed, a Minister of Military Affairs. It's powers shall be exercised by the Kaiser or the Minister of Military Affairs.
II. The Ministry of Military Affairs shall be required to maintain the orders of battle for the Imperial Armed Forces.

Subsection 3 - Organisation
a. The Apollonian Guard shall act as the primary organisation for the conduct of land warfare as well as the protection of the Kaiser in peace.
I. The Apollonian Guard shall maintain a force at a minimum of 5,000 troops.
II. The Ministry of Military Affairs shall retain the right, with consultation of the Kaiser, to set the number of men, equipment and other matters relating to an Order of Battle.
b. The Imperial Shirerithian Fleet shall act as the primary organisation for the conduct of naval warfare, retaining small forces for the conduct of amphibious land operations and naval aviation operations.
I. The Imperial Shirerithian Fleet shall maintain a force at a minimum of 1 Aircraft Carrier, 8 Surface Combat vessels and 4 submarines.
II. The Ministry of Military Affairs shall retain the right, with consultation of the Kaiser, to set the number of men, equipment and other matters relating to an Order of Battle.
c. The Imperial Shirerithian Air Forces shall act as the primary organisation for the conduct of air warfare.
I. The Imperial Shirerithian Air Forces shall maintain a force at a minimum of 10 Air Superiority Fighters, 10 Multi-Role Ground Attack Aircraft and 5 Strategic Attack Aircraft.
II. The Ministry of Military Affairs shall retain the right, with consultation of the Kaiser, to set the number of men, equipment and other matters relating to an Order of Battle.

Section 3 - The Rights and Responsibilities of the Imperial Government
Subsection 1 - The Responsibilities of the Imperial Government
a. The Imperial Government is responsible for the defence of the Imperial Republic as a whole.
b. The Imperial Government is responsible for honouring its international treaty obligations in terms of military or logistical support.

Subsection 2 - The Imperial Shirerithian Defence Council
a. In order to further aid the objectives of s.3(1), a council shall be created consisting of the Kaiser, the Minister of Military Affairs and the heads of the Imperial States.
I. The make-up of this Council may also include other Shirerithians at the invitation of the Kaiser.
b. The ISDC shall advise the Kaiser of the Imperial States' military preparedness and shall advise the Imperial States of the priorities of the Imperial Government.
c. The ISDC shall not have the power to order an Imperial State to change its military organisation.
d. The IDSC shall draw up and coordinate defence policy between the Imperial Government and the Imperial States.

Subsection 3 - Rights of the Imperial Government
a. The Imperial Government shall have the right to declare war without consultation of the Imperial States.
b. The Imperial Government shall, in times of war, have the power to direct the forces of the Imperial States in the defence of the Imperial Republic.
c. The Imperial Government shall have the power to deploy the Imperial Armed forces abroad.
d. The Imperial Government shall have the power to deploy its forces to an Imperial State only with the permission of the relevant Imperial State unless it is in rebellion.

Section 4 - The Rights and Responsibilities of the Imperial States
Subsection 1 - The Responsibilities of the Imperial States
a. The Imperial States shall be responsible for the defence of the individual Imperial State.
b. The Imperial States shall maintain a force of 100,000 troops under the Annunia + RecWar system or an equivalent force thereof under another system.
c. The Imperial States shall be required to have a reasonable displacement of their Order of Battle to carry out s.4(1)(a).

Subsection 2 - Rights of the Imperial States
a. The Imperial States have the right to refuse the Imperial Armed Forces permission to enter into an Imperial State during peacetime.
b. The Imperial States have the right to refuse to deploy their forces to foreign states when the Imperial Republic is not in direct threat.
c. The Imperial States have the right to construct their orders of battle as they see fit so long as they are in compliance with s.4(1)(c).

Cabbage

Re: The Martial Code

Post by Cabbage »

Malliki Nur Pinito wrote:THE IMPERIAL JUDEX

Re: Armed Forces of the Imperial Republic

Barend Barentz, Count of Te Gong Li, Minister of Military Affairs, Petitioner
Aasmund Vigeland, Chairman of the Presidium of the Standing Committee of the Supreme Council of the People's Democratic Republic of Elwynn, Respondent

The case
In short, the Petitioner has asked the Imperial Judex whether "armed forces of the Imperial Republic" in the Charter includes or excludes the military forces of the Imperial States. He has acknowledged that there is room for both interpretations in the text. The Respondent has argued that the wording excludes the military forces of the Imperial States.

State Sovereignty and Imperial Law
Article V, Section B of the Charter states:
1. Imperial States are sovereign in all matters not expressly reserved to other individuals or bodies by the Charter.
The operative word in this section is "expressly". All matters that are not expressly reserved to another body by the Charter are reserved to the Imperial States. To safeguard the rights of the Imperial States, and to guard against Imperial overreach, we must adopt a strict reading of the Charter and the Lawbook. A strict reading looks only at the actual wording in the law, and presupposes that everything that is supposed to be included is included. To include something, it has to be expressly stated in the law, otherwise it is excluded.

Armed Forces of the Imperial Republic
Article II, Section A, subsection 2 of the Charter reads:
d) The command of the armed forces of the Imperial Republic in zir capacity as supreme commander-in-chief.
If we apply the strict reading principle to this section, we see that in order to include the military forces of the sovereign Imperial States, they have to be expressly included in the text. They are not. "Imperial Republic" can mean both the entire nation of Shireroth, but it can also mean only the federal government. Again, with the strict reading, I interpret it to mean only the federal government.

Opinion of the Judex
The wording of the Charter excludes the military forces of the Imperial States from the command of the Kaiser. The Kaiser is commander-in-chief of the armed forces of the Imperial government, not the armed forces of the Imperial States. Any law or decree in contradiction with this opinion is found to be null and void. Therefore, Section 3, Subsection 1 a; Section 3, Subsections 3 b. and d.; and Section 4 of the Martial Code of Shireroth, are hereby struck down as unconstitutional. They are without legal force until such a time as they are established to be of "common concern" for the Imperial States, as provided by Article III, Section B 1 a. of the Charter.

SO ORDERED.

Locked

Return to “Shirithian Archives”