As you may have noticed from headlines over the years, quite a number of armed conflicts were and are fuelled by a lack of accountability. In example, Syria under Mr al-Assad. Unarmed people got shot, and torture, and so on, and the Law of Syria seemed to have said: “Whatever.”
In Germany, it was similar from 1933 – 1945. There used to be a system with military courts and such, inspired a lot by Sweden’s regulatory work in such regard. But Nazis perverted also that, saying that any war crime by Wehrmacht on the East front will not be prosecuted at all, while using these courts against civilians. And it wasn’t until 2002, that the German parliament passed a law, reversing the sentences by the Nazi courts.
Nowadays, in a democracy, the parliament is usually meant to keep things in check, with the option of a “no confidence” vote, or impeachment. And officers are expected to know what would constitute an unlawful order, as to refuse such. Additionally, voters have the option every few years to elect someone else.
That usually works quite well. But, when such a parliament is all on board, with making non-white children cry, by tearing their non-US citizen mothers away, in the name of making the U.S. secure, while handing out free passes to like members of the club – the president could be beating up a child in front of live TV, and the GOP would perhaps cheer it on.
At least in theory, there is a court, to handle cases, that might arise from violation of civil rights by state actors. And sure, cool stuff. But that usually takes time, and the court isn’t necessarily legally able to stop a campaign, and just dealing with individual cases afterwards. And then there is the issue that a court just gets ignored, like the one that said in 1932 that Otto Braun is still Prime Minister of Prussia. Or there is even stuff, like the sanctions for the staff of the International Criminal Court.
Thus, when assuming that among the executive, legislative, and judicial branches is at least someone sane, how to ensure, in a constitutional state, that sanity prevails? In terms of “game rules” given by a constitution, it is quite easy. But when the guy in charge of the military is not much into reading and stuff, and with all the officers like: “For our glorious leader, we would give our lives.” – what then?
Personally, I am a fan of a somewhat interwoven state structure. In example, next constitution of Prussia. One option is a basic structure, where the head of state is also the so-called Oberbefehlshaber, that is, the head of military, keeping that stuff away from parliament, where agendas sometimes change like the weather, while certain issues require a lot of consistency (even if there is no voters to be gained by doing it proper).
And in this example, I am a fan of simply diluting stuff a little bit. Like, the entirety of the military doesn’t need to be under one command per se, to begin with. Meaning, that parliament could still have minister of Landwehr matters, which is about directly defending country, while the head of state has a few troops dedicated to supporting allies. This would be a sort of internal balance of power in quite physical terms, where the head of state wouldn’t have enough staff to establish their own military government with own policing. And to not let get things even as far, also simple measures, such as parliament as the one sending the money for the military, with the accounts at a bank, that freezes these accounts, when a specific court of law says so.
That may not sound much. But just meaning to show, that a system of “one nation under one leader” is lacklustre in various aspects, in particular in organisational regards – and with proper care, it is possible to have at least some mechanisms in place, for things to be dealt with internally, before turning into yet another war with millions of deaths while a few 70+ year olds seem to be having the time of their life running such shows.