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How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez
How I Learned To Stop Worrying And Love The Bots, And How I Learned To Start Worrying About Democracy Instead, Antonio F. Perez
Scholarly Articles
This essay reviewing Striking Power, John Yoo and Jeremy Rabkin's new book on the legal and policy implications of autonomous weapons, takes issue with the book’s assumptions and; therefore its conclusions. The essay argues that, because of technological and ethical limitations, discriminate and effective use of autonomous weapons may not serve as an adequate substitute for traditional manpower-based military forces. It further argues that traditional conceptions of international law could prove more durable than Yoo and Rabkin suggest, and finally it concludes by suggesting that a grand strategy relying primarily on technological elites managing autonomous weapons actually threatens to …
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty
Scholarly Articles
The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in International Law that began with NATO's 1999 intervention in Kosovo against Serbia. NATO's intervention called into question the authority and viability of U.N. Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt a further blow to the central post-War legal rules and institutions for controlling and mitigating Great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for …
Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez
Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez
Scholarly Articles
After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.
Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez
Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez
Scholarly Articles
The first object of this paper, therefore, is to consider in very general terms the intellectual history of the study of the relation between trade and peace, using two key texts from the beginning and the end of the Cold War - first, Kenneth Waltz's "Man, the State, and War: A Theoretical Analysis" 3; and, second, Philip Bobbitt's "The Shield of Achilles: War, Peace, and the Course of History.
The second part of this paper will argue that Waltz's normative commitments are revealed in the order of his presentation and Bobbitt's normative commitments are revealed in the ostensibly descriptive thesis …
Legal Lessons Learned From Operation Enduring Freedom, Michael F. Noone Jr.
Legal Lessons Learned From Operation Enduring Freedom, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Delegalization Of Arms Control – A Democracy Deficit In De Facto Treaties Of Peace, Antonio F. Perez
Delegalization Of Arms Control – A Democracy Deficit In De Facto Treaties Of Peace, Antonio F. Perez
Scholarly Articles
Delegalization of arms control is now an accomplished fact. In this period of potential dramatic revision of the international order, it is not surprising that the US is seeking increased flexibility in pursuing several strategies, including the full use of military and technological advantages. The motivations behind this include US interests, as well as long run global interests. What may be surprising, however, is the potential risk to our democratic processes from delegalization of arms control-that is to say, the danger posed by reduced use of arms control treaties with built-in processes of transparency and democratic accountability.
The potential risk …
The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson
The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson
Scholarly Articles
No abstract provided.
Posse Comitatus: Preparing For The Hearings, Michael F. Noone Jr.
Posse Comitatus: Preparing For The Hearings, Michael F. Noone Jr.
Scholarly Articles
This Essay is intended for Congressional committee staff-whether employed by the committee or by members assigned to the committee-if they are called to review an administration legislative proposal to amend or repeal The Posse Comitatus Act ("The Act").2 It will be in two parts: background (to ensure that you and your members understand the statute's origins and implications); and separate Sections on expected issues and positions that will be asserted, or should be explored, as you prepare for testimony by supporters and opponents of the Bill.
The Adequacy Of International Law For Arms Control – Post Sept. 11: Arms Control And Nonproliferation, Antonio F. Perez
The Adequacy Of International Law For Arms Control – Post Sept. 11: Arms Control And Nonproliferation, Antonio F. Perez
Scholarly Articles
Arms control was never an end in itself. Arms control and nonproliferation policy always had as their goals increasing international security. It may be worth recalling that, in response to having it called to his attention that he had changed his views on a matter, Lord Keynes is widely reported to have quipped, "When the facts change, what do you do?" Indeed, as Lord Keynes also once said, "There is no harm in sometimes being wrong-especially if one is promptly found out."
The question for this panel is whether the sea change in strategic thinking reflected in the arms control …
Whacking Unarmed Women: Gaps In The Law Of Armed Conflict, Michael F. Noone Jr.
Whacking Unarmed Women: Gaps In The Law Of Armed Conflict, Michael F. Noone Jr.
Scholarly Articles
In recent years, legal commentators have begun to write on women in war: usually as the civilian victims of belligerent forces, sometimes as military victims of discrimination within their own armed forces. Very little has been written about women as belligerents. What has been written does not focus on the legal problems conventional forces face when women are "unprivileged belligerents"' who fail to comply with law of war requirements for combatant status. These problems can become acute when conventional forces are engaged in "Small Wars" where unarmed women often serve as auxiliaries to their unconventional opponents. Although legal sources have …
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
The Modern Relevance Of Legitimate Authority And Right Intention, Antonio F. Perez
Scholarly Articles
In this brief comment, I want to argue, without making any definite judgments about the current situation, that our understanding of the just war should pay attention to the questions of legitimate authority and right intention for use of force. To do this, we should take into account the procedural values of modern constitutional democracy and transnational governance. We should also consider the intentions established through the political processes legitimating those war aims as the relevant intentions for assessing whether the use of force comports with the moral criteria of the just war. Indeed, if the just war's aims are …
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner
Scholarly Articles
This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …
Treaty Implementation: Lessons Taught By U.S./U.K. Cooperation Under The Nato Status Of Forces Agreement, Michael F. Noone Jr.
Treaty Implementation: Lessons Taught By U.S./U.K. Cooperation Under The Nato Status Of Forces Agreement, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Chimera Or Jackalope? Department Of Defense Efforts To Apply Civilian Sexual Harassment Criteria To The Military, Michael F. Noone Jr.
Chimera Or Jackalope? Department Of Defense Efforts To Apply Civilian Sexual Harassment Criteria To The Military, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
To Judge Between Nations: Post Cold War Transformations In National Security And Separations Of Powers - Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez
Scholarly Articles
No abstract provided.
The Humanitarian Law Of The Yugoslavia War Crimes Tribunal: Jurisdiction In Prosecutor V. Tadic, Geoffrey R. Watson
The Humanitarian Law Of The Yugoslavia War Crimes Tribunal: Jurisdiction In Prosecutor V. Tadic, Geoffrey R. Watson
Scholarly Articles
On October 2, 1995, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia' held that the Tribunal has jurisdiction to try Dusko Tadic, a Bosnian Serb, for war crimes and crimes against humanity. The Appeals Chamber ruled that the establishment of the Tribunal was lawful, that the Tribunal's primacy over national courts does not violate international law, and that the Tribunal's jurisdiction extends to crimes committed in internal armed conflict. The decision cleared the way for the first international war crimes trial since Nuremberg and Tokyo. The Appeals Chamber was right to uphold the validity of the …
Sticks, Stones And Broken Bones: Military Law’S Criteria For Aggravated Assault, Michael F. Noone Jr., Mary Jo Wiley
Sticks, Stones And Broken Bones: Military Law’S Criteria For Aggravated Assault, Michael F. Noone Jr., Mary Jo Wiley
Scholarly Articles
No abstract provided.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Legal Liability Of The Armed Forces When Dealing With Internal Disturbances: The Unsatisfactory Anglo-American Approach, Michael F. Noone Jr.
Legal Liability Of The Armed Forces When Dealing With Internal Disturbances: The Unsatisfactory Anglo-American Approach, Michael F. Noone Jr.
Scholarly Articles
This paper will outline the historical development and current state of the Anglo-American law regarding the criminal and civil liability of military force when they are used in aid of the civil forces in the hope that it will elicit two kind of response - criticism of my thesis, and research by individuals into this timely and difficult problem.
Essay: On Conscientious Objection, Michael F. Noone Jr.
Essay: On Conscientious Objection, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Women In Combat: Changing The Rules, Michael F. Noone Jr.
Women In Combat: Changing The Rules, Michael F. Noone Jr.
Scholarly Articles
This article offers an approach, not an answer. It concludes that any of the three branches of government could permit women to serve in combat units. Women have been formally barred from serving in combat ships or aircraft by a 1948 law-the Women's Armed Services Integration Act. Because the sponsors of that legislation concluded that it was impossible to distinguish combat and noncombat roles in the Army, the Secretary of that service was given discretion to designate combat units which would be filled only by men. Congress could change the law. The judiciary could decide that the law, or the …
Essay: On Peacekeeping, Michael F. Noone Jr.
Military Social Science Research And The Law, Michael F. Noone Jr.
Military Social Science Research And The Law, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Rendering Unto Caesar: Legal Responses To Religious Nonconformity In The Armed Forces, Michael F. Noone Jr.
Rendering Unto Caesar: Legal Responses To Religious Nonconformity In The Armed Forces, Michael F. Noone Jr.
Scholarly Articles
The focus of this article is on the role of the legal system in resolving disputes regarding the accommodation of religious beliefs in the armed forces. Generally, these disputes arise when an individual's religious sensibilities make claims upon his conscience that cannot be reconciled with the demands imposed by military discipline. Although the believer may simply refuse to serve, a more difficult problem arises when the military believer does not or cannot claim the status of a conscientious objector, but seeks legal protection for his religiously motivated behavior while remaining in the service. Such a claim of protection may be …
Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro
Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro
Scholarly Articles
Taken as a whole, the Roman Catholic Bishops' 1983 pastoral letter on war and peace, "The Challenge of Peace, God's Promise, and Our Response"' has two purposes: first, to assist Catholics in the formation of their consciences; and, second, to contribute to the ongoing public policy debate concerning the morality of war in general, and of nuclear war in particular. This article will address the stated purposes of and the suggestions made in the pastoral letter from the vantage point of American statutory and constitutional law. It will make no attempt to provide definitive legal answers to the many questions …
Individual Conscience Under Military Compulsion, Raymond B. Marcin
Individual Conscience Under Military Compulsion, Raymond B. Marcin
Scholarly Articles
The exercise of individual conscience under military compulsion is an issue revived by the My Lai courts martial. Natural law jurists saw a place for individual conscience, but the positivist school's dominance changed that. The Nuremberg doctrine denied the defense of superior orders, and now the debate is raging again.
Those Magnificent Commandos In Their Flying Machines, Michael F. Noone Jr.
Those Magnificent Commandos In Their Flying Machines, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Private Etsel’S Million Dollar Accident, Michael F. Noone Jr.
Private Etsel’S Million Dollar Accident, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin
The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin
Scholarly Articles
No abstract provided.