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United States

Faculty Scholarship

Military, War, and Peace

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Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks Jan 2015

Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Scholarship

This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the ...


On “The Lure Of Strike”, Charles J. Dunlap Jr. Jan 2013

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).


Correspondents' Reports United States Of America, Chris Jenks Jan 2013

Correspondents' Reports United States Of America, Chris Jenks

Faculty Scholarship

This correspondent report compiles examples of where and how in 2013 the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in military courts-martial and captured enemy belligerents in military commissions and by US federal courts hearing detainee habeas challenges.


Responses To The Five Questions, Charles J. Dunlap Jr. Jan 2012

Responses To The Five Questions, 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. 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.


Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks Jan 2010

Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks

Faculty Scholarship

This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2010.


Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks Jan 2010

Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks

Faculty Scholarship

This brief commentary discusses child soldiers in general and Omar Khadr, a 15 yr old whom the United States military captured during armed conflict in Afghanistan, in particular. I suggest the conversation should be broadened and to move past misperceptions of the applicable law and norms concerning detention and prosecution of child belligerents.


American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr. Jan 2010

American Airpower In The 21st Century: Reconciling Strategic Imperatives With Economic Realities, Charles J. Dunlap Jr.

Faculty Scholarship

“Vexing” is certainly the right word to describe the state of resource allocation in the national security community. Despite still sizable defense budgets, serious economic constraints combine with a wide range of complicated threats to create extremely difficult choices for policy makers. To help them work through the decision-making process, Congress mandates Quadrennial Defense Reviews (QDRs). QDRs “are intended to guide the services in making resource allocation decisions when developing future budgets.” The 2010 QDR rightly insists that “America’s interests and role in the world require armed forces with unmatched capabilities.”6 Recent resource decisions, however, do not provide ...


Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris Jan 2008

Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris

Faculty Scholarship

On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.


Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad Jan 2008

Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad

Faculty Scholarship

No abstract provided.


The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley Jan 2007

The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith Jan 2005

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention ...


The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr. Jan 2001

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.