Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- War (International law) (31)
- Military art and science (19)
- Military law (18)
- National security--Law and legislation (13)
- Armed Forces (11)
-
- War (11)
- Military courts (10)
- Asymmetric warfare (9)
- Detention of persons--United States (9)
- National security (9)
- United States (9)
- Terrorism (8)
- Cyberterrorism (7)
- Geneva Conventions (1949 August 12) (6)
- Humanitarian law (6)
- Air warfare (5)
- Civilians in war (5)
- Military policy (5)
- Strategy (5)
- Technology (5)
- Air Force (4)
- Air power (4)
- Civil-military relations (4)
- Executive power (4)
- Guantánamo Bay (Cuba) (4)
- Civilian war casualties (3)
- Combatants and noncombatants (International law) (3)
- Courts (3)
- Courts-martial and courts of inquiry (3)
- Drone aircraft (3)
Articles 1 - 30 of 99
Full-Text Articles in Law
Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr.
Return To Sender?: Analyzing The Senior Leader “Open Letter” On Civilian Control Of The Military, Charles J. Dunlap Jr.
Faculty Scholarship
In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff, this Article adds a piece to the unsettled puzzle of civil-military relations. The Letter attempts to detail “core principles or best practices” (CP/BP) regarding civil-military relations, and in response, this Article comments on and clarifies these well-intended efforts. This Article sequentially dissects each CP/BP in today’s context of hyper-politicization, partisanship, technology, and more. Where necessary, the Article explains how the law may …
Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.
Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
When Terrorists Govern: Protecting Civilians In Conflicts With State-Building Armed Groups, Mara R. Revkin
When Terrorists Govern: Protecting Civilians In Conflicts With State-Building Armed Groups, Mara R. Revkin
Faculty Scholarship
Many existing U.S. counter-terrorism policies, including those governing targeting and detention, rely on an empirical assumption that terrorist groups are primarily military organizations. This assumption may be appropriate in the case of al-Qaeda, but it fails to describe terrorist groups that engage not only in warfare but also in governance and state-building such as the Islamic State, a self-declared “caliphate” that—at the height of its expansion in 2014—claimed sovereignty over an estimated 34,000 square miles and 10 million civilians. This Article identifies a category of “state-building” terrorist groups that can be distinguished by the following characteristics: (1) the presence of …
U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley
U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley
Faculty Scholarship
There is no issue of foreign relations law more important than the allocation of authority over the use of military force. This issue is especially important for the United States given the frequency with which it is involved in military activities abroad. Yet there is significant uncertainty and debate in the United States over this issue — in particular, over whether and to what extent military actions must be authorized by Congress. Because U.S. courts in the modern era have generally declined to review the legality of military actions, disputes over this issue have had to be resolved, as a …
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.
"Cybervandalism" Or "Digital Act Of War?" America's Muddled Approach To Cyber Incidents Will Not Deter More Crises, Charles J. Dunlap Jr.
"Cybervandalism" Or "Digital Act Of War?" America's Muddled Approach To Cyber Incidents Will Not Deter More Crises, Charles J. Dunlap Jr.
Faculty Scholarship
If experts say a "malicious [cyber] code"' has "similar effects" to a "physical bomb,"' and that code actually causes "a stunning breach of global internet stability," is it really accurate to call that event merely an instance of a "cyber attack"?
Moreover, can you really expect to deter state and non-state actors from employing such code and similarly hostile cyber methodologies if all they think that they are risking is being labeled as a cyber-vandal subject only to law enforcement measures? Or might they act differently if it were made clear to them that such activity is considered an "armed …
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Faculty Scholarship
This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Faculty Scholarship
There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
Faculty Scholarship
The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.
Military Justice, Charles J. Dunlap Jr.
Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith
Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith
Faculty Scholarship
No abstract provided.
Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby
Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby
Faculty Scholarship
No abstract provided.
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
One of the most vexing conundrums of 21st century warfare has been not just the explosive growth in the use of human shields, but the apparent systemization of the tactic, particularly by nonstate actors. In noting the international prohibition, the International Committee of the Red Cross (ICRC) defines the practice as the “intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of those military objectives.”
Lawfare, Charles J. Dunlap Jr.
Book Reviews: War & Technology, Charles J. Dunlap Jr.
Book Reviews: War & Technology, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Clever Or Clueless? Observations About Bombing Norm Debates, Charles J. Dunlap Jr.
Clever Or Clueless? Observations About Bombing Norm Debates, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Still Shortchanged: Some Observations About The New Army/Marine Corps Coin Doctrine, Charles J. Dunlap Jr.
Still Shortchanged: Some Observations About The New Army/Marine Corps Coin Doctrine, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Hyper-Personalization Of War: Cyber, Big Data, And The Changing Face Of Conflict, Charles J. Dunlap Jr.
The Hyper-Personalization Of War: Cyber, Big Data, And The Changing Face Of Conflict, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Moral Responsibility Of Volunteer Soldiers, Charles J. Dunlap Jr.
The Moral Responsibility Of Volunteer Soldiers, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Military Justice, Charles J. Dunlap Jr.
Anticipatory Self-Defense And The Israeli-Iranian Crisis: Some Remarks, Charles J. Dunlap Jr.
Anticipatory Self-Defense And The Israeli-Iranian Crisis: Some Remarks, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Role Of Peacebuilding And Conflict Management In A Future American Grand Strategy: Time For An “Off Shore” Approach?, Charles J. Dunlap Jr.
The Role Of Peacebuilding And Conflict Management In A Future American Grand Strategy: Time For An “Off Shore” Approach?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
On “The Lure Of Strike”, Charles J. Dunlap Jr.
Faculty Scholarship
This commentary is in response to the special commentary, “The Lure of Strike” by Conrad Crane published in the Summer 2013 issue of Parameters (vol. 43, no. 2).
Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.
Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.
Faculty Scholarship
Over the years Congress has made plenty of efforts to “improve” the military justice system for a variety of reasons, but few matters have generated more offerings than did the Pentagon’s report this past spring of an estimated 26,000 victims of “unwanted sexual contacts” in the armed forces. Some initiatives to address this very critical problem, like the bipartisan effort of Senators Barbara Boxer and Lindsey Graham, look promising; others, not so much.
However, none are as misguided as Sen. Kirsten Gillibrand’s proposal. Indeed, it is hard to think of a proposal that could be more wrong for the military, …
The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.
The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.
Faculty Scholarship
The purpose of this short essay is to reflect upon a few issues that illustrate how legal and ethical issues intersect in the cyber realm. Such an intersection should not be especially surprising., Historian Geoffrey Best insists, “[I]t must never be forgotten that the law of war, wherever it began at all, began mainly as a matter of religion and ethics . . . “It began in ethics” Best says “and it has kept one foot in ethics ever since.” Understanding that relationship is vital to appreciating the full scope of the responsibilities of a cyber-warrior in the 21st century.
Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr.
Law Of War Manuals And Warfighting: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Responses To The Five Questions, Charles J. Dunlap Jr.
Responses To The Five Questions, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.