Commander-in-chief

A Commander-in-chief is the chief of the military forces of a Nation or a significant part of these forces. In this last case, this element of the forces can be defined by the particular localization of these troops (for example: the commander-in-chief of the troops of NATO in Bosnia). The general term refers to legitimacy, within a state-nation, for the Head of the State to control the armed forces. Often, in a given country, the commander-in-chief is not an officer nor even a veteran, it is it by legal or constitutional statute relating to civil control on the soldiers. The term Order-in-chief was used for the first time by Charles Ier of England in 1639, King off England, Order-in-Chief off Royalist army .

Organization

The Head of State of a nation in general holds the role of commander-in-chief, even if the effective executive is in hand of a Chef of the government. The colonial governors were often also named commander-in-chief of the military forces of their colony.

Under the commander-in-chief in general one finds various commander-in-chiefs regional. For example at the beginning of the Second world war the Royal Navy did not have less than nine commander-in-chiefs of Portsmouth until in China.

NATO also established various commander-in-chiefs, such as for example the commander-in-chief of the allied forces of North, the commander-in-chief of Atlantic-Is, etc

Germany

In Germany, since the remilitarization of 1955, according to the Grundgesetz , in times of peace the Federal minister of Defense is commander-in-chief it of the Bundeswehr . If " the state of défense" (German: Verteidigungsfall ) is issued by the Parliament, the federal Chancelier becomes the commander of the armed forces (German: Oberbefehlshaber ).

Belgium

From the constitutional point of view, in Belgium, the King is the chief of the armies. He is based however on a structure made up of a qualified minister on the matter, who chapeaute in his turn the work of the Chief of Defense, more military high ranking authority of the country. This last prepares the elements for the development of the policy of national defense and advises its Official Authority about the operations planned and in progress. It also ensures the follow-up of the political decisions adopted by the federal government, as well as the administrative management of the public department concerned.

Article 167 of the Belgian Constitution precise:

the King orders the armed forces, and notes the state of war as well as the end of the hostilities. It makes known of it to the Rooms at once that the interest and the state security allow it, by uniting the suitable communications there.

Since January 1st, 2003 it is the General August Van Daele who is Chef of the Defense of the Kingdom of Begique.

Canada

With the Canada, the situation of Commander-in-chief of the Canadian forces is rather complex. Article 15 of the constitutional Loi of 1867 lays out “ with the Queen will continue to be and by the present one is allotted the command as a chief of the militia of ground and sea and of all the military forces and naval in Canada. ”

The Loi on the Militia of 1904 rules that: “ the commander-in-chief of the Militia would continue to be under the authority of the King and to be managed by His Majesty or his representative, the general governor. ” For this time, the General governor has been authorized by Souverrain to carry the title of “ General governor and commander-in-chief in and on Canada. ” With the creation of the Canadian royal Navy and the royal Aviation of Canada, respectively in 1910 and 1919, the General governor became also the Commander-in-chief of these forces. The Letter patent of 1947 of King George VI makes it possible to the General governor to exert the majority of the tasks of the Head of the State in Canada and the new schedule of conditions refers to the load of General governor and commander-in-chief in and on Canada. From the parliamentary practice, the Prime Minister of Canada has de facto the command and the control of the Canadian armed forces; however any declaration of war must be signed by the General governor or the Canadian Monarque.

Since 2005, the Commander-in-chief of Canada east His Excellence the very honourable Michaëlle Jean.

The United States

The Constitution of the the United States, Article II Section 2, gives this title to the President of the United States of America, which " of the armed will be commander-in-chief and marine with the United States, and Milice of the various States when this one is called with the active service of the United States. "

Authority of the Commander-in-chief on the battle field

As a Commander-in-chief, the President of the United States, with preeminence on any officer of the army and thus inherent right to assume the command on the battle field. However, because the presidents are seldom present on the zones of war and have often less experience than the military commanders, only two President made use of this prerogative, George Washington and James Madison.

Washington carried out in person a troop of 70.000 men at the time of the Whiskey Rebellion , at the time of its second mandate, it was not cepemdant present at the time of the various skirmishes of this conflict relatively not very bloody.

At the time of the War of 1812, President Madison found under the fire of the enemy the August 24th 1814, when the American forces were put in rout by the British troops at Bladensburg (Maryland). Madison, exasperated by the incompetence of the American general, took the command of only the remaining American forces, a naval battery ordered by the Commodore Joshua Barney. It did that to stop the British invasion of the American capital, but its efforts were vain and the British set fire to Washington during two days.

During the American Civil War, President Abraham Lincoln considered the possibility of assuming itself the command of the Armée with the Union on the battle field and started to study military texts when the apathy and the incompetence of its generals exasperated it. He found under enemy fire in 1864 at the time of an attack confederated on Fort Stevens in the District of Columbia, but he did not exert at any time his authority of commander-in-chief on the battle field.

France

In France, from Article 15 of the Constitution, the President of the Republic has the title of " Chief of the armées". It is the supreme authority as regards military businesses and the only competent authority as regards use of the nuclear force.

India

In India, the President east invests supreme command of the armed forces, from Article 53 subparagraph 2 of the Indian Constitution. Although the executive power and the responsibility for national defense are spring of the Cabinet which directs the Prime Minister. This responsibility is entrusted to the ministry for the defense which defines the political framework and provides the means necessary to the armed forces.

The August 15th 1947, each service was placed under the orders of its characteristic commander-in-chief. In 1955, the chiefs of the three services were renamed: Personnel manager of the army, naval Personnel manager and air Personnel manager, with as supreme commander Indian Président.

Iran

Before 1979, the Shah of Iran was commander-in-chief it of the Iranian armed forces. Since the Islamic revolution, from the Hundred tenth Principle subparagraph 4 and 5 of the Iranian Constitution of 1979, it is the Guide of the Revolution which holds role.

Israel

The State of Israel not having a Constitution, in fact the Fundamental laws of Israel fix in the fundamental law on the Army “Section 2 - Subordination to the civil authority” subparagraph (A): “The army is prone to the authority of the government. ”

Italy

In Italy, article 87 of the Constitution mentions that the President of the Republic has the command of the armed forces and chairs the supreme council of defense made up according to the law; he declares the state of war according to the deliberation of the Parliament ; however, since the president do not have direct executive power any more, the President of the Council and the Minister for defense have the control of the armed forces, whereas the president preserves a role of supervision.

Latvia

From the Constitution Chapter III Article 42, the President of the State of the Republic of Latvia is the “Chief of the armed forces of the State. In time of war il/elle a Commander-in-chief will name. ”

Lebanon

Article 49 of the Constitution of the Lebanon provides that the President of the Republic “will chair the Supreme Council of Defense and will be the Commander-in-chief of the forces armed which are placed under the authority of the Council of Ministers. ”

Republic of China (Taiwan)

The Chapter IV article 36 of the Constitution of the République of China stipulates that the President of the Republic “will have the supreme command of the terrestrial forces, naval and air of the country. ” It also mentions that the President “in accordance with the provisions of this Constitution, will exert the powers to conclude from the treaties, to declare the war and to make peace. ”

Popular republic of China

Article 93 of the Constitution of the Popular republic of China (RPC) place armed forces of the RPC under the authority of the central military Commission (CMC). However article 80 gives the capacity to the President of the RPC to proclaim the martial Loi, to proclaim the state of war and of launching the orders of mobilization. Since the middle of the years 1990 it is of current practice that the President, the president of the CMC and the General secretary of the Chinese Communist party is the same person although the term of each mandate being different, there is a certain overlapping of competences between the new arrival and its predecessor.

The United Kingdom

With the the United Kingdom, the title of Commander-in-chief is seldom used by the Souverain, but usually refers to the local commander-in-chiefs or various service of the armies. However, it would not be incorrect to describe the Sovereign as being the Commander-in-chief. From the parliamentary long tradition, the Prime Minister of the United Kingdom holds de facto the command of the British Armed forces.

Russia

As well before after the Russian Revolution, the Head of the State was the Commander-in-chief of the armed forces. Today, from Article 87 of the Constitution, the President of the Fédération of Russia is also Ordering as a supreme leader of the Armed forces. In so much of peace, the Head of the State exerts political control of it, whereas in time of war it supervises the defense of the State by his armed forces. The capacity of the President as a commander-in-chief are fixed by the federal law " on the défense" (Articles 4 and 13).

From the Constitution, the President is invested exclusive right issue the martial Loi. The legal base concerning the martial law is defined in the constitutional federal law " on the law martiale" of January 30th, 2002.

Switzerland

In Swiss, in times of peace, the armed forces are led by the chief of the armed forces having the row of " Commander of body ". The federal law on the army and the military administration provides that in time of war or urgently main road, the federal Assemblée names a General as a Commander-in-chief of the armed forces. The General is then the supreme military authority but there remains subordinate to the Federal council, which preserves the supreme authority.

During its history Switzerland had four generals, the General Henri Dufour during the Guerre of Sonderbund (1845), the General Hans Herzog at the time of the Guerre of 1870, the General Ulrich Wille during the First World War and the General Henri Guisan at the time of the Second world war. Although Switzerland remained neutral at the time of these last three conflicts, the threat, to see used its territory as battle field, imposed the mobilization of the army.

See too

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