Abou El Fadl Mohammed Bahlouli In my understanding, general mobilization refers to the legal and governmental processes that allow a country to gather and organize its resources, particularly its military forces, during a state of emergency or war. It directly ties into sovereigntyas it emphasizes a nation's right to act within its borders to safeguard its national interests, defend its population, and preserve its integrity.

Different legal systems have distinct approaches to general mobilization. In some countries, the power of mobilization lies mainly with the executive branch of government, whereas in others, it might require legislative approval or judicial oversight. For example, countries like the United States and Germany have clear laws regarding how mobilization must occur, with strict controls and protocols. In contrast, others may have more flexible or less clearly defined processes, allowing more immediate action.

In legal terms, mobilization involves various law sources, domestic and international. The constitution of a country typically defines the state's power to mobilize its resources, while international law can set limits on how and when mobilization is permissible, especially regarding the treatment of citizens and enemy combatants. In terms of administrative control, mobilization often involves a high degree of government oversight. Agencies, military departments, and civil authorities work together to implement and enforce mobilization orders, ensuring that resources are allocated and the rule of law is maintained even during crises.

The judiciary and jurisprudence often come into play when there is a challenge to mobilization orders, particularly concerning citizens' rights or the scope of executive powers. In essence, mobilization is not only a practical measure but also a legal one, with various rules, controls, and procedures defined in the laws of each nation.

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Sovereignty is the ultimate authority of a state to govern itself without external interference.

A state’s ability to declare general mobilization is a sovereign act—it reflects the state's full control over its people, territory, and resources, especially in times of existential threat.

Mobilization demonstrates state power in action, exercised through legislation, executive orders, and national directives.

📌 In short: General mobilization is a key expression of state sovereignty in action during times of crisis or war.

Comparative Laws of General Mobilization Different countries have different legal frameworks regarding mobilization. Here's a little comparison:

Country Legal Basis Key Features

USA Selective Service Act Males must register; Congress can activate full mobilization.

France Code de la DéfensePresident has authority to declare mobilization.

Russia Federal Law on Mobilization Training and Mobilization The President declares general or partial mobilization; all citizens and economy must respond.

China National Defense Mobilization Law Mobilization includes military, civil, and economic sectors; governed by the Central Military Commission.

Indonesia UU No. 23 Tahun 2019 tentang Pengelolaan Sumber Daya Nasional untuk Pertahanan NegaraMobilization includes people, equipment, and infrastructure; President declares upon approval from DPR.

Comparative point: Most countries give mobilization power to the executive branch and have frameworks that link it to national security or wartime needs.

Definition of Mobilization in Law, Judiciary, and Jurisprudence Legal Definition: Mobilization is the legal activation of a state's resources (people, economy, etc.) for national defense or emergency purposes.

Judiciary: Courts generally respect the executive’s discretion in declaring mobilization, especially under doctrines of national security and sovereignty.

Jurisprudence: Legal scholars see mobilization as a doctrine of necessity—an exceptional measure allowed during extraordinary circumstances, but one that must be proportionate and lawful.

📌 Mobilization operates at the intersection of constitutional law, administrative law, and emergency powers.

sincerelly yours

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