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Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …

Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen

Faculty Scholarship

No abstract provided.

Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears

Tenor of Our Times

The South China Sea is home to natural resources and reefs that benefit its surrounding states. International law divides these waters to grant certain rights to each coastal state so as to ensure fair distribution of the waters. As of late, China’s actions in the South China Sea frequently violate the distribution of waters under international law. They have infringed upon the Philippine’s waters and attempted to establish authority over most of the South China Sea, rather than remaining within their own waters. Thus, the Philippines filed arbitration against China, and the ruling rebuked China’s behavior in the South China …

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …

Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische

The Journal of Social Encounters

Solidarity in this essay is differentiated from collectivism, conformity, group think, herd mentality and mob action. It is defined as a mindful and empathetic choice to work in unity with others to alleviate human suffering and uphold human dignity by advancing systems of greater justice, peace, freedom, and inclusion for all. This form of solidarity is explored through the prism of one person’s life – that of Benjamin Ferencz – and how he used his experience, talents, and skills to develop and promote the international legal framework needed to address and prevent crimes against humanity. It traces his life from …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

The Intellectual And Diplomatic Discourse Of American Progressives And The Late Ottomans, 1830–1930, Brigitte Maricich Powell

Doctoral Dissertations and Projects

The American intellectual and diplomatic discourse with the late Ottoman Empire is an understudied field of history. Major works to date are primarily focused on the US relations with the Turkish Republic starting in 1924, which at best may highlight the Barbary Wars and the Treaties of 1830 and 1862 as a precursor. Few works offer, if any, a comprehensive insight into the diplomatic relationship that evolved between the US and the Near East from 1830 to 1930. This research is meant to fill the absence by probing into the service of key American diplomats and intellectuals who visited and …

My Response To Ramseyer’S Effort To Deny The History Of Japanese Military Sexual Slavery, Pyong Gap Min

Journal of International Women's Studies

The main objective of this paper is to critically evaluate as many of Ramseyer’s arguments as possible included in his 2022 paper. It consists of three sections in addition to the introduction and concluding remarks. The first section summarizes the expanded literature that interpreted the “comfort women” system as sexual slavery, judgments, and recommendations to the Japanese government given by scholars, international human rights organizations and the legislative branches of four Western countries. Since Ramseyer published his article denying the “comfort women” system as sexual slavery without introducing this literature, we cannot consider his article as an academic work. The …

The Legal Nature Of Armed Conflicts In International Law, Suhayb Alhroot, Adel Althbeitat, Mo’Tasem Alrashdan, Raed Althamer, Ghosenelban Momani

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The nature of armed conflicts has been of great interest, especially when setting the legal rules in public and humanitarian international laws. These rules have framed legal action towards this type of conflicts, which has contributed to unify international efforts in dealing with armed conflicts by putting measures to prevent it. So it was necessary to explain only the necessity of war in armed conflicts and do not expand.

This research has two main topics; It focuses on the nature of armed conflicts in public and humanitarian international laws in the first requirement and explains the case of armed conflicts …

Round Table (Full Symposium): What’S Raphaël Lemkin Got To Do With Genocide Studies? A Conversation On Gender, Culture, Economics, Categorical Violence, And Colonization With Professors Sarah Federman, Dirk Moses, Max Pensky, And Scott Straus, A. Dirk Moses, Sarah Federman, Scott Straus, Max Pensky, Douglas Irvin-Erickson

Genocide Studies and Prevention: An International Journal

No abstract provided.

Jus Gentium, Natural Law, And Grotius’ Treatise: The Impact Of International Law’S Classical Heritage On Today’S Enforcement Dilemma, Faith Chudkowski

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

The Palestinian State From The Angle ‎Of International Law, Walid Mahameed

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Most of the Politicians and the legal scholars agree that the foundations of the State of ‎Palestine have a legal basis without legal discussion about the establishment of the state. In ‎such studies, we have to find the analytical principal foundation either the legal or the practical ‎ones which the State of Palestine based on adjectivally and with no effect of the political and ‎emotional factors. It is not true that the decisions of the United Nations and the of the self - ‎determination are the only factors are the ones, which are going to define and draw the shape …

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram

Philosophy: Faculty Publications and Other Works

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …

Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.

The Extraordinary Chambers In The Courts Of Cambodia: An Extraordinary Success Or An Ordinary Failure?, Vamika Jain

The Gettysburg Historical Journal

This paper will examine the effectiveness of the Extraordinary Chambers in the Courts of Cambodia at providing some measure of transitional justice to the victims of the Khmer Rouge regime. It delves into an expanded role of tribunals that extends beyond the courtroom and seeks to highlight faults and success of the ECCC as lessons for future iterations of international courts and tribunals.

China, Xinjiang, And The Genocide Convention: The Fragility Of International Law, Lucy Kate Herron

Honors Theses

This paper examines China’s actions through the lens of the Genocide Convention to examine the whether the crimes of genocide are being committed against the Uyghur population. It contends that according to the Genocide Convention, China is committing genocide, and particularly through conditions, torture, and rape, against the Uyghur population. However, prosecuting a genocide in court would prove difficult due to China's laws and actions that can be used to defer accusations of genocide and problems with the Genocide Convention in the context of China and the Uyghurs.

Skorupskian Allyship: Human Rights Reconstructed Through Efficacious Enforcement And Social Relativism, Chase Opperman

Philosophy Honors Papers

This project aims to take the subject of Human Rights and attempt to wrestle with its clarity. The concept has been, since its more modern manifestation, as represented by the United Nations’ Uniform Declaration of Human Rights, heavily criticized for its being indeterminate, unclear, ambiguous, or somehow not fully understood. Despite the concept’s incredible moral potential, the extent to which this potential can be realized is determined by the concept’s intelligibility and defensibility—both of which are affected by the concept’s being understood to a sufficient point. Given Human Rights’ moral potential to challenge the forces of evil in the world, …

The Blue State: Unrwa's Transition From Relief To Development In Providing Education To Palestinian Refugees In Jordan, Alana Mitias

Honors Theses

Often referred to as the “Blue State”–due in part to its association with the United Nations’ trademark blue branding–the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) has evolved since its creation in 1949 to become both a symbol of the Palestinian cause and an inimitable public service provider across its five areas of operation, especially in regards to education. In the Hashemite Kingdom of Jordan alone, the UNRWA education program educates more than 120,000 students in 169 schools with results comparable with, if not often superior to, Jordanian public schools.

The UNRWA regime …

“Time Is A-Wasting”: Making The Case For Cedaw Ratification By The United States, Rangita De Silva De Alwis, Melanne Verveer

All Faculty Scholarship

Since President Carter signed the Convention for the Elimination of All Forms of Discrimination Against Women (the “CEDAW” or the “Convention”) on July 17, 1980, the United States has failed to ratify the Convention time and again. As one of only a handful of countries that has not ratified the CEDAW, the United States is in the same company as Sudan, Somalia, Iran, Tonga, and Palau. When CEDAW ratification stalled yet again in 2002, then-Senator Joseph Biden lamented that “[t]ime is a-wasting.”

Writing in 2002, Harold Koh, former Assistant Secretary of State for Democracy, Human Rights, and Labor, bemoaned America’s …

Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman

Libraries Faculty and Staff Presentations

Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …

Oppression Or Occupation: Conflicting Views On The Nature Of Sex Work In France And Under International Law, Carver Wolfe

Politics and International Relations Presentations

Although there is some debate over the exact number of victims of sex trafficking, it is agreed upon that it is an issue that affect primarily women and girls around the world. This paper will examine modern day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis …

Rhetoric And International Human Rights: The Case Of The Senegalese Talibés, Christopher Parisella

Senior Honors Projects

CHRISTOPHER PARISELLA

(Political Science, Writing & Rhetoric, French)

Rhetoric and International Human Rights: The Case of the Senegalese Talibés

Sponsor: Lynne Derbyshire (Communication Studies, Honors Program)

While in Senegal, I witnessed the hurdles faced by proponents of international human rights standards. Thousands of Muslim boys, called talibés, undertake their Koranic education in Senegal. Many are forced to beg in the streets by their educators, and abuse in the schools is common. Still, this education is considered a valuable part of the boys’ spiritual development. Despite the multitude of countries that have openly supported and ratified international human rights compacts, many …

Talking Foreign Policy, Radio Broadcasts

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy, Radio Broadcasts Sept. 25, 2014, Jan. 29 And Sept. 4, 2015, Feb. 5 And Oct. 7, 2016

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy, Talking Foreign Policy Radio Broadcasts: Sept. 6, 2013 And Jan. 31, 2014

The International Journal of Ethical Leadership

No abstract provided.

Talking Foreign Policy, Talking Foreign Policy Radio Show

The International Journal of Ethical Leadership

No abstract provided.

Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat

Dissertations and Theses

Cultural heritage has always been at risk during times of war. UNESCO first endeavored to address the issue shortly after World War II, in 1954, when it passed the first of three signature conventions to protect against the damage, destruction, and pillage of cultural property in times of armed conflict. Lacunae and other deficiencies in their frameworks, however, rendered these conventions difficult to enforce and largely ineffectual. This study offers an assessment of the strengths and limitations of the UNESCO system of cultural-heritage protection, with a particular focus on the 1954 Hague Convention. It is argued that, by superseding certain …