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Release Of A Detained Warship And Its Crew Through Provisional Measures: A Comparative Analysis Of The Ara Libertad And Ukraine V. Russia Cases, Yoshifumi Tanaka Aug 2020

Release Of A Detained Warship And Its Crew Through Provisional Measures: A Comparative Analysis Of The Ara Libertad And Ukraine V. Russia Cases, Yoshifumi Tanaka

International Law Studies

The determination of whether to release a detained foreign warship and its crew is a crucial issue in law and in practice. This article examines the issue of the release of a detained foreign warship and its crewmembers through provisional measures by analyzing the ARA Libertad and Ukraine v. Russia cases. Specifically three issues must be examined. The first issue concerns the interpretation of military activities under Article 298(1)(b) of the U.N. Convention on the Law of the Sea (UNCLOS). On this issue, this article highlights that a threshold for deciding the preponderance of military or law enforcement elements is …


An International Attribution Mechanism For Hostile Cyber Operations, Yuval Shany, Michael N. Schmitt Jul 2020

An International Attribution Mechanism For Hostile Cyber Operations, Yuval Shany, Michael N. Schmitt

International Law Studies

This article is the result of an international research project organized by the Federmann Cyber Security Research Center at Hebrew University to consider the feasibility of establishing an international attribution mechanism for hostile cyber operations, as well as the usefulness of such a body. The authors observe that, at present, states wielding significant cyber capability have little interest in creating such a mechanism. These states appear to be of the view that they can generate sufficient accountability and deterrence based on their independent technological capacity, access to expertise and to offensive (active defense) cyber tools, political clout, security alliances, and …


Reflections On Reading, The U.S. Naval War College Jul 2020

Reflections On Reading, The U.S. Naval War College

Naval War College Review

No abstract provided.


The Final Act: The Helsinki Accords And The Transformation Of The Cold War, Nicholas Evan Sarantakes, Michael Cotey Morgan Jul 2020

The Final Act: The Helsinki Accords And The Transformation Of The Cold War, Nicholas Evan Sarantakes, Michael Cotey Morgan

Naval War College Review

No abstract provided.


To Master The Boundless Sea: The U.S. Navy, The Marine Environment, And The Cartography Of Empire, Richard J. Norton, Jason W. Smith Jul 2020

To Master The Boundless Sea: The U.S. Navy, The Marine Environment, And The Cartography Of Empire, Richard J. Norton, Jason W. Smith

Naval War College Review

No abstract provided.


India And China At Sea: Competition For Naval Dominance In The Indian Ocean, Dale C. Rielage, David Brewster Jul 2020

India And China At Sea: Competition For Naval Dominance In The Indian Ocean, Dale C. Rielage, David Brewster

Naval War College Review

No abstract provided.


On Her Majesty’S Nuclear Service, Angus Ross, Eric Thompson Jul 2020

On Her Majesty’S Nuclear Service, Angus Ross, Eric Thompson

Naval War College Review

No abstract provided.


The Marine Corps Way Of War: The Evolution Of The U.S. Marine Corps From Attrition To Maneuver Warfare In The Post-Vietnam Era, Adam Taylor, Anthony J. Piscitelli Jul 2020

The Marine Corps Way Of War: The Evolution Of The U.S. Marine Corps From Attrition To Maneuver Warfare In The Post-Vietnam Era, Adam Taylor, Anthony J. Piscitelli

Naval War College Review

No abstract provided.


Leading Change In Military Organizations: Primer For Senior Leaders, Kenneth M. Sandler, Thomas P. Galvin Jul 2020

Leading Change In Military Organizations: Primer For Senior Leaders, Kenneth M. Sandler, Thomas P. Galvin

Naval War College Review

No abstract provided.


The War For The Seas: A Maritime History Of World War Ii, Craig L. Symonds, Evan Mawdsley Jul 2020

The War For The Seas: A Maritime History Of World War Ii, Craig L. Symonds, Evan Mawdsley

Naval War College Review

No abstract provided.


Review Essays—Key Publications For The Study Of Women, Peace, And Security: "Conflict-Related Violence Against Women: Transforming Transition," "Women And Gender Perspectives In The Military: An International Comparison," And "The Oxford Handbook On Women, Peace, And Security", Mary Raum Jul 2020

Review Essays—Key Publications For The Study Of Women, Peace, And Security: "Conflict-Related Violence Against Women: Transforming Transition," "Women And Gender Perspectives In The Military: An International Comparison," And "The Oxford Handbook On Women, Peace, And Security", Mary Raum

Naval War College Review

The year 2020 will mark the twentieth anniversary of the formal beginning of the global initiative on women, peace, and security (WPS) introduced by the United Nations Security Council, when that body unanimously adopted Resolution 1325 in acknowledgment of the disproportionate and unique impact of armed conflict on women and girls. The year 2020 also will mark ten years of the Naval War College formally recognizing WPS as a program of effort.


Research & Debate—It’S A Gray, Gray World, Nadia Schadlow Jul 2020

Research & Debate—It’S A Gray, Gray World, Nadia Schadlow

Naval War College Review

In a thought-provoking essay for the Winter 2020 issue of the Naval War College Review, Don Stoker and Craig Whiteside argue against the utility of two terms: gray-zone conflict and hybrid war. I believe the opposite.


Conditional Surrender—Conflict Termination In The Pacific, 1945, Richard J. Shuster, Takuya Shimodaira Jul 2020

Conditional Surrender—Conflict Termination In The Pacific, 1945, Richard J. Shuster, Takuya Shimodaira

Naval War College Review

As early as mid-1943, the strategic political and military leadership on both sides began to see the inevitability of a U.S. victory over Japan. The combatants each sought an end on terms favorable to their respective national interests: the United States pushed relentlessly for unconditional surrender, while Japan sought to force a negotiated settlement. What were the factors and actions that led from military victory to a conditional surrender that set the conditions for a smooth transition to postwar stability in Japan?


The Law Of Military Operations And Self-Defense In The U.S.-Japan Alliance, James Kraska, Yusuke Saito Jul 2020

The Law Of Military Operations And Self-Defense In The U.S.-Japan Alliance, James Kraska, Yusuke Saito

Naval War College Review

While the United States and Japan share many values, their legal systems take distinct approaches to authorizing military operations. But the two approaches converge within the alliance structure—especially important with regard to implementing the international law of self-defense.


Twenty-First-Century Innovation Pathways For The U.S. Navy In The Age Of Competition, James A. Russell Jul 2020

Twenty-First-Century Innovation Pathways For The U.S. Navy In The Age Of Competition, James A. Russell

Naval War College Review

Recent programs such as the littoral combat ship, the Zumwalt-class guided-missile destroyer, and the Ford-class aircraft carrier all have highlighted the Navy’s failure to produce innovative, afford-able ships in the quantity and of the quality needed to configure a larger, redesigned fleet. Unless the Navy can address mistakes made in these programs it will have difficulty innovating success-fully—with potentially disastrous consequences.


The Return Of Great-Power Competition—Cold War Lessons About Strategic Antisubmarine Warfare And Defense Of Sea Lines Of Communication, Bradford Dismukes Jul 2020

The Return Of Great-Power Competition—Cold War Lessons About Strategic Antisubmarine Warfare And Defense Of Sea Lines Of Communication, Bradford Dismukes

Naval War College Review

American Cold War planning experienced important failures in strategic intelligence and in the way planners used that intelligence. These shortcomings were overcome through massive material investment, technological advantage, and good fortune, but in the twenty-first-century era of great-power competition the Navy cannot count on these advantages. More-careful and better-integrated intelligence-planning processes would improve our chances of success greatly.


President's Forum, Shoshana Chatfield Rear Admiral, U.S. Navy, President, Naval War College Jul 2020

President's Forum, Shoshana Chatfield Rear Admiral, U.S. Navy, President, Naval War College

Naval War College Review

No abstract provided.


Ten Takeaways: The Education For Seapower Report, John Kroger Jul 2020

Ten Takeaways: The Education For Seapower Report, John Kroger

Naval War College Review

October 2019 reflection by John Kroger on the Department of the Navy’s February 2019 Education for Seapower report.


Education For Seapower Strategy 2020, John Kroger Jul 2020

Education For Seapower Strategy 2020, John Kroger

Naval War College Review

A message from SECNAV.


From The Editors, Robert Ayer Jul 2020

From The Editors, Robert Ayer

Naval War College Review

No abstract provided.


Summer 2020 Full Issue, The U.S. Naval War College Jul 2020

Summer 2020 Full Issue, The U.S. Naval War College

Naval War College Review

No abstract provided.


Beyond Human Shielding: Civilian Risk Exploitation And Indirect Civilian Targeting, Geoffrey S. Corn Jun 2020

Beyond Human Shielding: Civilian Risk Exploitation And Indirect Civilian Targeting, Geoffrey S. Corn

International Law Studies

Few violations of the law of armed conflict (LOAC) are as pernicious as using civilians to shield military objectives from attack. This unlawful tactic unfortunately seems to be an all too common practice of organized armed groups, especially in conflicts against tactically superior conventional state armed forces. The very term "human shielding" presupposes, however, the ultimate objective is to prevent an opponent from attacking the shielded military objective or, in the alternative, substantially complicate that attack decision. But is a shielding effect always the ultimate objective of such civilian exploitation? This article argues that the answer is no; that there …


Strategic Proportionality: Limitations On The Use Of Force In Modern Armed Conflicts, Noam Lubell, Amichai Cohen Jun 2020

Strategic Proportionality: Limitations On The Use Of Force In Modern Armed Conflicts, Noam Lubell, Amichai Cohen

International Law Studies

The nature of modern armed conflicts, combined with traditional interpretations of proportionality, poses serious challenges to the jus ad bellum goal of limiting and controlling wars. In between the jus ad bellum focus on decisions to use force, and the international humanitarian law (IHL) regulation of specific attacks, there is a far-reaching space in which the regulatory role of international law is bereft of much needed clarity. Perhaps the most striking example is in relation to overall casualties of war. If the jus ad bellum is understood as applying to the opening moments of the conflict, then it cannot provide …


Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo May 2020

Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo

International Law Studies

The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to counter illicit DPRK …


The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts Apr 2020

The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts

International Law Studies

With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …


Smart Language: How To Address An Inherent Weakness Undermining The Implementation Of U.N. Sanctions On North Korea, Maiko Takeuchi Mar 2020

Smart Language: How To Address An Inherent Weakness Undermining The Implementation Of U.N. Sanctions On North Korea, Maiko Takeuchi

International Law Studies

Since 2006, the U.N. has adopted ten sanction resolutions against North Korea (The Democratic People’s Republic of Korea or DPRK) to date. While these sanctions appear comprehensive, the DPRK is still advancing its nuclear and ballistic missile programs and continuing relevant procurement, according to the U.N. 1874 Panel of Experts, which monitors the implementation of these sanctions. There are constant discussions on how to improve the U.N. Member States’ implementation of the resolutions. However, the shortcomings of the language of the resolutions often is overlooked and should be examined, as these shortcomings frustrate effective implementation by U.N. Member States. After …


Reflections On Reading, John E. Jackson Mar 2020

Reflections On Reading, John E. Jackson

Naval War College Review

No abstract provided.


Active Defense: China’S Military Strategy Since 1949, Dale C. Rielage, M. Taylor Fravel Mar 2020

Active Defense: China’S Military Strategy Since 1949, Dale C. Rielage, M. Taylor Fravel

Naval War College Review

No abstract provided.


Into The Dark Water: The Story Of Three Officers And Pt-109, Edward Gillen, John J. Domagalski Mar 2020

Into The Dark Water: The Story Of Three Officers And Pt-109, Edward Gillen, John J. Domagalski

Naval War College Review

No abstract provided.


“Whatever Is Worth Doing At All, Is Worth Doing Well”—Just War Thinkers: From Cicero To The 21st Century, Edward Erwin, Daniel R. Brunstetter, Cian O’Driscoll Mar 2020

“Whatever Is Worth Doing At All, Is Worth Doing Well”—Just War Thinkers: From Cicero To The 21st Century, Edward Erwin, Daniel R. Brunstetter, Cian O’Driscoll

Naval War College Review

No abstract provided.