Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)[*]
[This essay is available in PDF at this link]
In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff, this Article adds a piece to the unsettled puzzle of civil-military relations. The Letter attempts to detail “core principles or best practices” (CP/BP) regarding civil- military relations, and in response, this Article comments on and clarifies these well-intended efforts. This Article sequentially dissects each CP/BP in today’s context of hyper-politicization, partisanship, technology, and more. Where necessary, the Article explains how the law may impact the CP/BPs and identifies areas of potential misunderstandings. In sum, this Article aims to put together the puzzle pieces of legal nuances, practical applications, and societal norms found throughout civil-military relations.
[*] Maj. Gen. Dunlap joined the Duke Law faculty in July 2010 where he is currently a professor of the practice of law and Executive Director of the Center on Law, Ethics and National Security. Dunlap retired from the Air Force as a major general in 2010, after a 34-year career in the Judge Advocate General Corps. The author wishes to thank his superb research team, Ms. Molly Diamondstein, Ms. Nicole De Brigard, Ms. Riley Flewelling, and Ms. Katherine French whose indispensable help made this Article possible. The views and opinions expressed are, however, those of the author alone, and any errors are solely his responsibility.
Former deputy judge advocate general of the United States Air Force; Professor of the Practice of Law, Duke University School of Law; Executive Director of the Center on Law, Ethics and National Security at Duke University School of Law.