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2012

Military, War, and Peace

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Articles 1 - 30 of 57

Full-Text Articles in Law

2010-2011 Veterans Law Update, Kathleen Dwyer, Alec Kast, Scott A. Sigmon, Andrew E. Tarne Dec 2012

2010-2011 Veterans Law Update, Kathleen Dwyer, Alec Kast, Scott A. Sigmon, Andrew E. Tarne

Law Student Publications

Part I will cover updates related directly to veterans' benefits and rights. Part II will focus on updates to rules involving veterans' caregivers and healthcare facilities. Part III will cover proposed rules dealing with veterans' claims and insurance. Part IV will focus on rules and case law covering the VA's procedures and operating regulations.


The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio Oct 2012

The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio

Law Faculty Articles and Essays

After the terrorist attacks of September 11, 2001, the United States government began to use drones against al-Qaeda targets. According to several media reports, the United States developed two parallel drone programs: one operated by the military, and one operated in secrecy by the CIA. Under the Obama Administration, the latter program developed and- the number of drone attacks in countries such as Pakistan and Yemen has steadily increased. Because the drone program is operated covertly by the CIA, it has been impossible to determine the precise contours of the program, its legal and normative framework, and whether its operators ...


Balancing And The Unauthorized Disclosure Of National Security Information: A Response To Mark Fenster's Disclosure Effects: Wikileaks And Transparency, Mary-Rose Papandrea Oct 2012

Balancing And The Unauthorized Disclosure Of National Security Information: A Response To Mark Fenster's Disclosure Effects: Wikileaks And Transparency, Mary-Rose Papandrea

Boston College Law School Faculty Papers

In his recent article, Disclosure’s Effects: WikiLeaks and Transparency, Mark Fenster argues that WikiLeaks demonstrates the “impossibility” of balancing the public benefits of national-security-information disclosure with the effects of the disclosure on the nation’s national security and foreign policy interests. This article is a continuation of Professor Fenster’s previous work examining the costs and benefits of transparency. In his prior work, he fleshes out the criticisms of the current transparency regime that appear somewhat fleetingly here: namely, that we should question the assumption that transparency promotes an informed and engaged electorate as well as better, more responsive ...


Reflections On Kony 2012, Rosa Brooks Sep 2012

Reflections On Kony 2012, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

In spring 1997, few people outside Uganda had heard of the Lord’s Resistance Army (LRA). The LRA arose in the late 1980s out of the ashes of Alice Lakwena’s Holy Spirit Movement, and over the next decade, LRA raids killed thousands of villagers in Northern Uganda. Hundreds of thousands were displaced, and an estimated 10,000 children were forcibly abducted by the LRA and brutally coerced into becoming killers, sex slaves or both. But in the spring of 1997, the LRA had yet to make CNN.


Women And Girls Fleeing Conflict: Gender And The Interpretation And Application Of The 1951 Refugee Convention, Valerie Oosterveld Sep 2012

Women And Girls Fleeing Conflict: Gender And The Interpretation And Application Of The 1951 Refugee Convention, Valerie Oosterveld

Law Publications

No abstract provided.


The William & Mary Law School Lewis B. Puller, Jr. Veterans Benefits Clinic And Hmvhe News (Vol. 1, Issue 1), Lewis B. Puller, Jr. Veterans Benefits Clinic Sep 2012

The William & Mary Law School Lewis B. Puller, Jr. Veterans Benefits Clinic And Hmvhe News (Vol. 1, Issue 1), Lewis B. Puller, Jr. Veterans Benefits Clinic

Lewis B. Puller, Jr. Veterans Benefits Clinic

No abstract provided.


The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side, David Cole Apr 2012

The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side, David Cole

Georgetown Law Faculty Publications and Other Works

Was the Bush administration’s decision to employ “enhanced interrogation techniques” a mistake of policy, a violation of law, or both? This essay responds to Philip Zelikow’s insider account of how the decision to use these techniques was reached. The author suggests that while Zelikow makes a strong case that the decision to authorize the CIA to use coercive interrogation tactics was a mistaken policy judgment, it is important not to lose sight of the fact that it was also illegal. The latter conclusion demands a different response than the former. In particular, it underscores the necessity for accountability ...


The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne Apr 2012

The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne

Law Faculty Research Publications

The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference ...


Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett Mcclean Apr 2012

Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett Mcclean

All Faculty Scholarship

More than ever before, the Department of Defense is relying on contactors to support our men and women in uniform. However, the cost of supporting these contractors has been paid not only with congressional funds but with an unprecedented number of contractor casualties. Sadly, while contractors are dying in record numbers in Iraq and Afghanistan, Congress has been preoccupied with paying less for the statutorily mandated workers’ compensation insurance that is intended to protect these workers. With the advent of Kevlar vests and armored-plated Humvees, contractors are returning home, but often with scars of war both visible and invisible. Rather ...


Libya: A Multilateral Constitutional Moment?, Catherine Powell Apr 2012

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Georgetown Law Faculty Publications and Other Works

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty ...


Neuroscience, Ethics, And National Security: The State Of The Art, Michael N. Tennison, Jonathan D. Moreno Mar 2012

Neuroscience, Ethics, And National Security: The State Of The Art, Michael N. Tennison, Jonathan D. Moreno

Neuroethics Publications

National security organizations in the United States, including the armed services and the intelligence community, have developed a close relationship with the scientific establishment. The latest technology often fuels warfighting and counter- intelligence capacities, providing the tactical advantages thought necessary to maintain geopolitical dominance and national security. Neuroscience has emerged as a prominent focus within this milieu, annually receiving hundreds of millions of Defense Department dollars. Its role in national security operations raises ethical issues that need to be addressed to ensure the pragmatic synthesis of ethical accountability and national security.


Airpower Prophets: Giulio Douhet, Billy Mitchell And Hugh Trenchard, Bob Berlin Mar 2012

Airpower Prophets: Giulio Douhet, Billy Mitchell And Hugh Trenchard, Bob Berlin

ERAU Prescott Aviation History Program

Three airpower prophets from three nations created the concept of strategic bombing and advocated independent air forces. Their theories shaped military aviation for all time. Hear about their lives, controversies, courts martial and lasting influence.


Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen Mar 2012

Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

Transnational armed conflicts have become a reality. The increasing sophistication of terrorist organizations, their increasingly transnational nature, and their development of military strike capabilities, push and will continue to push States to resort to combat power as a means to defend against this threat. Relying on the factual fiction that the acts of such terrorists must be attributable to the States from which they launch their operations, or on the legal fiction that the use of military combat power to respond to such threats is in reality just extraterritorial law enforcement, fails to acknowledge the essential nature of such operations ...


Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks Mar 2012

Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

The collective security structure created by the U.N. Charter is becoming shakier than ever, and two recent trends pose particular challenges to Charter rules on the use of force. The first trend involves a normative shift in understandings of state sovereignty, and the second trend involves improvements in technology--specifically, the rapid evolution of unmanned aerial vehicles, precision weapons, and surveillance technologies. Each trend on its own raises difficult issues. Together, they further call into question international law’s ability to meaningfully constrain the use of force by states.


Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent Feb 2012

Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.


Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle Feb 2012

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Faculty Publications

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use ...


The International Criminal Tribunal For Rwanda, Robert Sloane Feb 2012

The International Criminal Tribunal For Rwanda, Robert Sloane

Faculty Scholarship

This essay appears as the ninth chapter of The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Chiara Giorgetti ed., Brill, 2012). It covers the origin, establishment, organization, jurisdiction, and procedures of the International Criminal Tribunal for Rwanda (ICTR). It then explains and analyzes a selection of the ICTR’s significant contributions to international criminal jurisprudence, covering, in particular, the Akayesu; Kayishema & Ruzindana; Nahimana, Barayagwiza & Ngeze (“The Media Case”); and Baglishema cases. The issues therefore include, among others, specific intent in the definition of genocide, rape as a modality of genocide, jurisdiction to prosecute violations of Additional Protocol II of 1977, and incitement to ...


Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld Jan 2012

Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld

Law Publications

No abstract provided.


Inadvertent Implications Of The War Powers Resolution, Michael A. Newton Jan 2012

Inadvertent Implications Of The War Powers Resolution, Michael A. Newton

Vanderbilt Law School Faculty Publications

The constitutional infirmity of the War Powers Resolution has been uniformly demonstrated by more than four decades of bipartisan experience. The Resolution manifestly fails to eliminate the healthy interbranch tensions that are in our constitutional DNA with respect to military deployments. In its context, the override of President Nixon's veto represented little more than a stark act of congressional opportunism. The President's veto message was prescient in warning that the Resolution is dangerous to the best interests of our Nation. This article suggests that the act represents an attempted abdication of the enumerated obligation of Congress to oversee ...


Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld Jan 2012

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

No abstract provided.


Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations, John C. Dehn Jan 2012

Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations, John C. Dehn

Faculty Publications & Other Works

No abstract provided.


Fort St. Joseph And The American Revolution, Scott T. Macpherson Jan 2012

Fort St. Joseph And The American Revolution, Scott T. Macpherson

Fort St. Joseph Archaeological Project

Bennett’s Expedition 1779, Raid on Fort St. Joseph 1780, The “Spanish Raid” 1781, Deportation of the French, and Demise of Fort St. Joseph.


The Tokyo Trial At Richmond: Digitizing The Sutton Collection Of Documents From The International Military Tribunal For The Far East, Suzanne Corriell Jan 2012

The Tokyo Trial At Richmond: Digitizing The Sutton Collection Of Documents From The International Military Tribunal For The Far East, Suzanne Corriell

Law Faculty Publications

As an ongoing project, the effort to digitize and present the Sutton Collection is far from complete. Our effort has the potential to become a leading resource for materials relating to the Tokyo trial and, with the help of our faculty partners, to demonstrate relevancy of the trial to current issues in international criminal law and to the development of Japan’s role in modern East Asia. As the project team learns more about the collection, consults with similar projects, and continues to implement innovative applications, processes are constantly updated. The coming year should bring further progress, and we look ...


The Military At Fort St. Joseph, Scott T. Macpherson Jan 2012

The Military At Fort St. Joseph, Scott T. Macpherson

Fort St. Joseph Archaeological Project

Showing the Flag, Troupes de la Marine, Militia, and Fort St. Joseph’s Military Actions.


Alone In The Country: National Guard And Reserve Component Service And The Increased Risk For Homelessness Among Rural Veterans, 13 J.L. Soc'y 405 (2012), Brian Clauss Jan 2012

Alone In The Country: National Guard And Reserve Component Service And The Increased Risk For Homelessness Among Rural Veterans, 13 J.L. Soc'y 405 (2012), Brian Clauss

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford Jan 2012

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford

UIC John Marshall Law School Open Access Faculty Scholarship

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about ...


2010-2011 Veterans Law Update, Tara L. Casey Jan 2012

2010-2011 Veterans Law Update, Tara L. Casey

Law Faculty Publications

2011 saw multiple changes to the laws relating to veterans, their rights and benefits, and the Department of Veterans Affairs ("VA"). This Article will cover select updates to the field of veterans law codified in the Code of Federal Regulations and the United States Code, proposed in the Federal Register, and adjudicated in the courts. Part I will cover updates related directly to veterans' benefits and rights. Part II will focus on updates to rules involving veterans' caregivers and healthcare facilities. Part III will cover proposed rules dealing with veterans' claims and insurance. Part IV will focus on rules and ...


Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav Jan 2012

Rites Without Rights: A Tale Of Two Military Commissions, Alexandra Lahav

Faculty Articles and Papers

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. Jan 2012

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.


Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain Jan 2012

Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain

Articles

No abstract provided.