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Max Planck Encyclopedia of Public International Law [MPEPIL]

Deserters

Ebrahim Afsah

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 May 2019

Subject(s):
Armed forces — Military matters

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Desertion is to be seen from the point of view of national as well as of international law. Traditionally desertion is defined in national law as the unauthorized individual or collective abandonment of a given military duty or post. It is considered a criminal offence under national law, the criminality of which is generally recognized by international law ( Criminal Jurisdiction of States under International Law ). 2 Punishment of desertion primarily seeks to protect combat effectiveness by deterring the contagious effect of individual dereliction. Rarely a...
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