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Lawfare 101: A Primer, Charles J. Dunlap Jr.
Lawfare 101: A Primer, Charles J. Dunlap Jr.
Faculty Scholarship
Dunlap discusses the concept of lawfare—using law as a form of asymmetrical warfare—and provides some considerations for how to combat this phenomenon. The article establishes the intellectual framework and thematic direction for this Issue of Military Review.
Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane
Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane
Faculty Scholarship
This article offers modest reflections on jus in bello proportionality. It suggests that the law of armed conflict (LOAC) build on the only consensus legal standard that exists: that of the good-faith reasonable military commander. The difficulty — here, as with any reasonableness standard — is to identify factors that realistically can, and legally should, guide adherence to it and to consider the objective and subjective dimensions of judgments under the standard. Part II scrutinizes the content and status of Additional Protocol I’s (API) canonical definition of proportionality. It analyzes its text and context to bring out the extent to …
Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.
Lawfare Today…And Tomorrow, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.
Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.
Faculty Scholarship
Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning as ideologically neutral description of how law might be used in armed conflict. It emphasizes that although law may be manipulated by some belligerents for nefarious purposes, it can still serve to limit human suffering in war. In discussing the current state of the concept of lawfare, the essay reviews several contentious areas, and recognizes the concerns of critics. The paper concludes that lawfare is still a useful term, and is optimized when it is …
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.
The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr.
The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.