Law Commons^™

A Response To Telford Taylor's Nuremberg And Vietnam: An American Tragedy, Waldemar A. Solf

Akron Law Review

Professor Telford Taylor, who is best remembered as Justice Robert H. Jackson's successor as Chief of Counsel at Nuremberg after the War Crimes trial of the major war criminals, became an instant giant of the new industry by suggesting that if one were to apply to Dean Rusk, Robert McNamara, McGeorge Bundy, Walt Rostow and General William Westmoreland the same standards that were applied in the trial of General Tomoyuki Yamashita "there would be a very strong possibility that they would come to the same end as he did."' This suggestion by the person described on the dust jacket as …

Bona Fide Occupation Qualifications And The Military Employer: Opportunities For Females And The Handicapped, Tim M. Callaghan

Akron Law Review

This article explores the hiring and job placement policies of the United States military departments' in light of the concept of the bona fide occupational qualification (BFOQ). In essence a BFOQ criterion is a requisite to the actual performance of an employment task; a potential employee may be refused a position if he lacks an ability or characteristic which can be labeled as a BFOQ.

Although the study of military employment practices may induce emotional argumentation, this article avoids any conclusions based upon traditional roles of potential employees and deals with two classes of potential employees. The first class of …

Military Use Of The Space Shuttle, Walter D. Reed, Robert W. Norris

Akron Law Review

There is little doubt that the Space Shuttle will provide a "quantum jump" in man's activity in space. It will provide the means to make the transition from primarily machine-oriented space activities to man-orientated activities. Man's activities will move from exploratory to exploitative. The purpose of this article is to examine the military aspects of this transition in the context of the legal regime of outer space that has evolved in the more than two decades since the orbiting of Sputnik I. Is the prospect of increased military activities and capabilities compatible with this regime or conversely, does the legal …

International Law And Military Activities In Outer Space, Robert L. Bridge

Akron Law Review

The object of this review is to establish definitively the legal constraints which currently apply to military activities in space. Research has disclosed no single reference less than eight years old which examines all the issues to be discussed here. A great flurry of scholarly legal writing attended the launching of the Russian Sputnik in 1957, but comparatively little has been written since the late 1960's. Thus, much of the source material cited here is ten to fifteen years old.

Conscientious Objection And The First Amendment, Gail White Sweeney

Akron Law Review

This comment will examine the possible constitutional consequences of the three other probabilities. 1) that Congress will revive the previous C.O. exemption without amendment; 2) that Congress will amend the statute to narrow the exemption; and, 3) that Congress will eliminate the C.O. exemption altogether. An analysis of earlier statutes is necessary to this end.

Humanitarian Laws Of Armed Conflict In Sweden: Ogling The Socialist Camp, Jacob W.F. Sundberg

Akron Law Review

The inhabitants of a country with the military-geographical location of Sweden should find it natural, one would think, to consider extensively the political and legal-philosophical message of the world which surrounds the country, most conspicuously to the east and to the south, and, by navies below the horizon, less conspicuously to the north and to the west. Everywhere is the Socialist Camp - a not unlikely adversary in some future conflict. In Sweden, however, there prevails a surprising reluctance to discuss the realities of the Camp. To say the least, such discussion is up-hill work. Looking for the reasons why, …

The Common Interest In The Exploration, Use And Exploitation Of Outer Space For Peaceful Purposes: The Soviet-American Dilemma, Carl Q. Christol

Akron Law Review

It may be supposed that the final disposition of the use of anti-satellite satellites (ASAT) will take the form of an international agreement which would prescribe required conduct and which would meet the national interests of the signatories. Some attention might be given to a possible alternative. One suggestion is for each of the superpowers to announce that it will pursue a given policy provided the same policy is adhered to by the other. Or, perhaps the promulgation of a national position, for example, a moratorium on ASAT launches, if rigorously adhered to by the other State, might lead to …

Prospects For The Demilitarization Of The Manned Space Station, Hamilton Desaussure

Akron Law Review

An incremental approach to the complete disarmament of outer space could continue with the prohibition of any type of military activity on board earth orbiting manned space stations. The U.S. and the USSR are committed to placing such stations in permanent orbit within the next decade. An international agreement giving demilitarized status to them would be a major achievement.

Article IV of the Outer Space Treaty prohibits the establishment of military bases, installations, and fortifications on the moon and other celestial bodies. Manned space stations in earth orbit should be subject to the same limitations, with military personnel permitted for …

Additional Protocol I: A Military View, Burrus M. Carnahan Usaf

Akron Law Review

This paper is intended to analyze Additional Protocol I from a military perspective. More specifically, it presents the views of a United States military officer (albeit an officer who is also a lawyer) on the Protocol.

To begin with, the Protocol, if ratified by the United States, would be taken seriously by our armed forces. It is United States policy to comply with the law of war in the conduct of military operations, and this body of law is regularly applied in American military courts. During the war in Southeast Asia, for example, 36 members of the U.S. Army were …

Pros And Cons Of The 1977 Protocol I, Howard S. Levie

Akron Law Review

There are many provisions of value to be found in the 1977 Protocol Additional to the 1949 Geneva Conventions (Protocol ). Unfortunately, there are also a number of provisions which would have been better left undrafted. This discussion will be limited to several provisions, or groups of provisions, which appear to be major advances in the humanitarian law of war - and several provisions, or groups of provisions, which appear to be retrogressive. Obviously, neither list will be all-inclusive; to make them so would require a listing and discussion of practically every substantive article in the Protocol. In fact, inasmuch …

An Interdisciplinary Approach To The Strategic Defense Initiative Debate, Scott F. March

Akron Law Review

An interdisciplinary framework in which international law is but one element is presented in this article in the hope of lending organization to the complex subject of space weaponization. Seven factors are discussed which strongly influence decision-makers in both the United States and the Soviet Union who are charged with establishing and implementing the military space policies of their respective nations. They are (1) the relationship between the militarization of earth and the militarization of space; (2) the effects of weapon technology and national defense policy upon the use of space; (3) the interrelationship of the international law-making process with …

Prisoners Of War Under The 1977 Protocol I, Howard S. Levie

Akron Law Review

ARTICLE 1(4) of the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflict (Protocol 1), bringing national liberation movements within the ambit of the Protocol and thus making the conflicts in which they engage international in scope, was probably the most controversial provision adopted by the Diplomatic Conference which met in Geneva from 1974 to 1977. However, Article 44, which implements Article 1(4), has been the object of almost equal controversy. The purpose of this paper is to determine whether the objections to that article were and …

Military Rules Of Evidence: Adoption Or Abrogation Of The Common Law?, Richard H. Mills

Akron Law Review

Posit: What role should the common law of evidence play in a military judge's decisions under the present rules of evidence? My conclusion is that the answer to this question is of bedrock importance to military justice.

Yet despite these differences, an understanding of the Federal Rules of Evidence and the common law precedents from which they evolved is imperative if the majority of the military rules is to be properly employed.

Prosecuting War Crimes Before An International Tribunal, Howard S. Levine

Akron Law Review

It is probably appropriate to begin this discussion by stating that while the author has acted as an official reviewer of records of war crimes trials, and has read and analyzed innumerable records of those trials, he has never personally prosecuted an individual accused of a war crime.' Accordingly, this discussion will necessarily be based upon what others have said and done with respect to the problem of prosecuting war crimes cases before international tribunals. Some people would label such a discussion as "academic", intending the word to be interpreted pejoratively. If "academic" means knowledge gained from the study of …

War Crimes And International Criminal Law, Stuart H. Deming

Akron Law Review

My remarks will focus on three particular areas relating to war crimes and international criminal law. These will include the prospect of an international criminal court, my experience with war crimes issues in Ethiopia, and how traditional practitioners can become involved with these issues.

Nuclear Smuggling As An International Crime, Burrus M. Carnahan

Akron Law Review

In the chaotic post-Cold War world, international cooperation is increasingly needed to detect and punish those who aid the spread of nuclear and other weapons of mass destruction. The proliferation of these weapons is a threat to the security of all states, except for a few rogues such as Iraq and North Korea; all other states have a common interest in punishing anyone who would assist the rogue states to acquire highly destructive weaponry. It would be reasonable to assume, therefore, that the proliferation of weapons of mass destruction is widely regarded as an international crime, like piracy, war crimes …

War Crimes And The Protection Of Peacekeeping Forces, Steven J. Lepper

Akron Law Review

Tonight, I want to briefly discuss three aspects of the tribunal: structure, jurisdiction and U.S. participation in its creation. Many of you are probably aware that the tribunal consists of three chambers. The judicial chamber is comprised of five appellate judges and two trial panels of three judges each. The United States has a judge - Judge Gabrielle Kirk McDonald - who, before she went to the Hague was a federal district court judge and a professor at the Thurgood Marshall School of Law in Houston. I had an opportunity to meet her and brief her on some tribunal issues …