Applicability of the Public Employee Attribute to the Military in Libyan Legislation and Its Impact on the Disciplinary System — An Analytical Comparative Study

Abstract

This study examines the disciplinary system of the military employee under Libyan legislation, as a special legal framework the broader disciplinary Systems of the state. Its particular nature derived from the military institution's role in safeguarding national security and maintaining public order. The study aims to clarify the legal rules governing disciplinary accountability of military personnel, the competent authorities for imposing sanctions, and the procedures followed in military trials, along with the legal safeguards granted to them. The research is grounded in the theoretical concept of the public employee, defined as any individual entrusted with a permanent function in a public service managed by the state or a public legal entity, and subject to a regulatory legal framework. Within this context, the military personnel is considered a public employee; however, they are subject to special legal regime that reflects the unique nature of military service, which is based on discipline, hierarchy, and operational readiness. This justifies the application of stricter disciplinary rules Furthermore, the study addresses the nature of military disciplinary offenses, the types of sanctions imposed, and the authority of commanding officers in enforcing penalties through summary proceedings. It also analyzes the against disciplinary decisions in light of Libyan law and comparative legislations. The study concludes that the military disciplinary system seeks to achieve a balance between the requirements of military discipline and the guarantees of justice, ensuring the proper and continuous functioning of the military public service.