Law Commons^™

The Graveyard Of Empires, Sadaf Folad

Belmont University Research Symposium (BURS)

No abstract provided.

From Instability To Civil Liberties: Nonviolent Resistance In Afghanistan, Rachel L. Knowles

Master's Theses

When people have a fundamental issue at stake, giving in is not an option. For these types of conflict, when people’s rights are being violated, when their countries are occupied, or when they are oppressed and humiliated, they need a powerful way to persist and fight back. Oftentimes when people are left with no choice they will use the terrible and destructive nature of violence. For decades nonviolent resistance (NVR) movements have been associated with Gandhi and Martin Luther King, but people have been using nonviolent action for years. In fact, NVR has been a part of political life for …

Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli

University of Miami Law Review

Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …

Relentless Atrocities: The Persecution Of Hazaras, Mehdi J. Hakimi

Michigan Journal of International Law

As one of the main ethnic groups in Afghanistan, Hazaras are Farsi-speaking and mostly Shi’a Muslims in a predominantly Sunni Muslim country. They are also distinguishable by their Asiatic appearance. Throughout Afghanistan’s history, Hazaras have suffered considerably under different regimes, enduring recurring massacres, enslavement, and forced displacement. Despite Afghanistan’s accession to the Rome Statute in 2003, the plight of Hazaras has not improved. Indeed, the assaults on Hazaras have only intensified in recent years, impacting virtually every aspect of their lives.

This article argues that the recent and ongoing attacks against Hazaras constitute a crime against humanity. In particular, I …

Reining In The “Third Path”: Rethinking The War Powers Resolution And Private Security Contractors, Brian T. Warren

Washington and Lee Law Review

From the American Revolution to the War in Afghanistan, the United States has hired private contractors to perform a myriad of tasks, from feeding the troops to researching hypersonic missile defense systems. Following the collapse of the Soviet Union, however, the nature of work performed by these contractors began to shift. No longer were contractors relegated solely to unarmed tasks. From the jungles of Colombia to the deserts of Iraq, armed contractors—known as Private Security Contractors (PSCs)—have guarded American military bases, protected heads of state, assaulted enemy compounds, and more.

Using PSCs is not without risk. Incidents like the Nisour …

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Spring 2023 issue of Parameters. This issue consists of an In Focus special commentary and the SRAD Director’s Corner focused on Afghanistan, three forums, and two Reviews and Replies.

The Mutual Legal Assistance Regime In Afghanistan: Assessing Compliance With International Law And Exposing Loopholes (2001-2021), Abdul M. Hazim

Washington International Law Journal

To constrain transnational crime effectively and strengthen mutual legal assistance mechanisms among member states, the United Nations adopted four Suppression Conventions: the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the 1999 UN International Convention for the Suppression of the Financing of Terrorism, the 2003 UN Convention against Transnational Organized Crime, and the 2005 UN Convention against Corruption. Ratified globally, these conventions contain many similar or identical mutual legal assistance obligations and non-mandatory measures with which state parties either must or should comply. Afghanistan is a state party to all four UN Suppression Conventions.

This article …

Parameters Autumn 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Why America’S Army Can’T Win America’S Wars, John A. Nagl

The US Army War College Quarterly: Parameters

Since achieving victory in World War II, the United States military has a less than enviable combat record in irregular warfare. Through a detailed historical analysis, this article provides perspective on where past decisions and doctrines have led to defeat and where they may have succeeded if given more time or executed differently. In doing so, it provides lessons for future Army engagements and argues that until America becomes proficient in irregular warfare, our enemies will continue to fight us at the lower levels of the spectrum of conflict, where they have a good chance of exhausting our will to …

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert

Immigration and Human Rights Law Review

For two decades the United States and its allies fought against the Taliban in Afghanistan. After the U.S. withdrawal from Afghanistan in late 2021, the Taliban has once again claimed the power of the country. The Taliban has already begun to implement restrictions that deny Afghan women their human rights. This article will outline the Taliban’s disregard for the International Bill of Human Rights, analyzing the Taliban’s observance of human rights before the U.S. invasion in 2001, post- U.S. withdrawal expressions by the Taliban in 2021, and post-U.S. withdrawal actions in 2021. Finally, this article will analyze different actions available …

The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson

CMC Senior Theses

Women take part in every war, but their accomplishments are mostly unacknowledged in the thousands of war stories told in the aftermath which tend to valorize men’s contributions as political leaders and soldiers. This erasure of women’s experience’s and agency in war holds true for war in Afghanistan, as well. This thesis identifies the gendered narratives told in books, movies, television shows, and the media but then offers, in contrast, narratives of Afghan and American women’s action during the forty years of war in Afghanistan. By sharing and contextualizing women’s stories, this paper strikes a blow against women’s erasure from …

The Roots Of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea

Faculty Publications

The foundational assumption of constitutional governance poses a conundrum for contemporary state-builders: a constitution heavily influenced by foreigners does not represent the views of the governed. Can a modern state-building effort foster democratic institutions when the new government reflects foreign? Nowhere was this tension more apparent than in Afghanistan, where the United States and the United Nations were heavily involved in drafting the 2004 Constitution. They shaped the process from the initial framework to the final, frenzied approval. Foreigners were engaged at both the procedural level—determining how the negotiations would occur and who would participate—and at the substantive level—providing input …

Reconstruction And Rebuilding Stability Of Post Conflict Societies: Economic And Security Interests Or Sustainable Development?, Jihad Al-Ayasa

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This critical review shed light on the problem of applying the model of reconstruction and stability building of Germany and Japan after World War II on geopolitically and culturally different cases, such as Iraq and Afghanistan as post war contexts; and probably the same model will be applied to different post war contexts, such as Syria, Yemen, Libya and others. The study discussed the reasons why the model of reconstructing Iraq and Afghanistan failed compared to the successful model that was applied in Germany and Japan. Grounding on previous literature and theoretical frameworks, the study developed a new model that …

Blackwater Rising: The Legal Issues Raised By The Unprecedented Privatization Of U.S. Military Functions, Robert D. Peltz

University of Miami Law Review

The Army has used civilian contractors to provide supplies and services to its forces in the field since the Revolutionary War. These early contractors fed the cavalry’s horses and transported supplies. Over the years, the role of the civilian contractor has dramatically evolved. Following the Vietnam War and the end of the draft, there has been an ever-increasing privatization of functions previously performed by the military.
The wars in Iraq and Afghanistan, which began in response to the September 11 attacks and have only recently started to come to a formal end, have significantly accelerated this process. As a result, …

Application And Implementation Of Modern Approaches And Views In International Relations Of The Republic Of Uzbekistan, Khabibullo Sadibakosev

Scientific reports of Bukhara State University

Introduction. The article discusses the essence and main new trends of the regional foreign policy of Uzbekistan in modern conditions. New trends in regional cooperation in the foreign policy of Uzbekistan revealed from the second half of 2016. Based on the analysis of the works of Uzbek political scientists, researchers, as well as specialists, the continuity of forms, methods, and mechanisms for ensuring stability in the Central Asian region is analyzed. The President of the Republic of Uzbekistan Shavkat Mirziyoyev in his Address to the Oliy Majlis on December 29, 2020, noted that in the face of today's complex geopolitical …

Diary Of An Afghan Woman Collection - September 2021

TSOS Interview Gallery

Four women share with us their daily lives in Afghanistan. Join them as they express their love for the country, the people, and each other; and as they share with you their deepest fears and most intimate moments.

They refuse to be silenced as they journey through this new, uncharted chapter in Afghanistan's history.

We at TSOS are honored to provide a platform for their voices to be heard. We will post entries as we receive them. For safety purposes, names have been changed and only avatars (designed with input from each woman) will be used.

ZOYA

Zoya is a …

The Evolution Of Hybrid Warfare: Implications For Strategy And The Military Profession, Ilmari Käihkö

The US Army War College Quarterly: Parameters

The concept of hybrid war has evolved from operational-level use of military means and methods in war toward strategic-level use of nonmilitary means in a gray zone below the threshold of war. This article considers this evolution and its implications for strategy and the military profession by contrasting past and current use of the hybrid war concept and raising critical questions for policy and military practitioners.

Yosuf, Yosuf, Tsos

TSOS Interview Gallery

Yosef and his family of four are from the Herat Province in Afghanistan. The eldest child used to sell potatoes with Ibrahim, the middle child, who was killed by a landmine planted by counter-revolutionaries. As a result, the eldest child, Ismail, developed severe nerve and mental issues, and the wife, who is now pregnant, frequently has seizures. They sold their home to treat Ismail, but doctors say nothing can be done. Ismail’s condition continues to worsen, but he refuses to leave to see a doctor because he is afraid of the police for an unknown reason. Yosef says he is …

Coin Doctrine Is Wrong, M. Chris Mason

The US Army War College Quarterly: Parameters

Counterinsurgency does not increase the legitimacy of, or support for, central governments engaged in internal conflicts. Recent research shows quantifiable degrees of government legitimacy, national identity, and population security are necessary precursors and accurate predictors of a government’s ability to outlast a civil uprising. Because the first two predictors—government legitimacy and national identity—can be measured and do not increase during a conflict, the probability of government failure in most cases can be accurately predicted when the conflict starts.

Ziba, Ziba, Sherianne Schow, Brandi Kilmer, Heather Oman

TSOS Interview Gallery

Ziba, a promising medical student, fled Afghanistan in 2018 due to instability and for her safety. Life was difficult upon arrival in the United States. In Afghanistan Ziba was involved in national and international poetry, math and science competitions. Ziba went from having everything to starting completely over in a new country. Her anxiety and depression became extremely difficult to deal with She reminded herself who she was, what her passions were and in January 2019 started medical school while working part time as a cashier. Her hope for future arriving refugees is to have a mental health network established …

Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …

Parameters Winter 2020, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Afghanistan Legislative Commitments To The Wto: A Deeper Look At Afghanistan's Compliance With Trips, Hafizullah Seddiqi

Indiana Journal of Global Legal Studies

In 2016, Afghanistan formally acceded to the World Trade Organization (WTO) to improve its worldwide trading prospects. However, this journey began much earlier. To join the WTO, one of Afghanistan's commitments was to reform its then-existing trademark laws. Intellectual property (IP)-related laws are, in general, one of the fields that countries must reform prior to joining the WTO, so as to be in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While Afghanistan has enacted some IPrelated statutes, including the 2009 Law on Trade Marks Registration, it continues to fall short of conforming to TRIPS because …

Barack Obama: From An End To Terror To Drone Wars And Isis, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Barack Obama attempted to recalibrate presidential rhetoric on the terror threat. He made far fewer speeches about terrorism than George W. Bush did. Yet, despite some efforts to the contrary, he continued many of Bush’s policies—and in the case of targeted assassinations using drones (unmanned aerial vehicles), went further than Bush. The analysis of Obama’s rhetoric on terrorism shows a president who both wants to distance himself from his predecessor and one who wants to be seen as tough on terrorism. In the final analysis, Obama’s rhetoric and policies hewed rather closely to George W. Bush’s. This chapter raises questions …

Water Law Be Dammed?: How Dam Construction By Non-Hegemonic Basin States Places Strain On The Customary Law Of Transboundary Watercourses, David Goad

American University International Law Review

No abstract provided.

2020 Children's Story Cards, Tsos

TSOS Interview Gallery

Arif: "I like being in school again."

Norina: "We laugh a lot but I also worry."

Nooda: "I came on a boat. It was a big boat!"

Madina: "I just want to live in a safe place..."

Shurangez: "Sometimes we didn't feel safe at school."

Alex: "I'm from Nigeria. Coming to Italy was very difficult-very, very difficult, a real struggle."

Danial: "I want to be a useful person and follow my dreams."

Firoz: "I am 13 years old and I am worried about my family."

Ali: "Ali lived in Afghanistan. One day while walking to school a bomb exploded near …

Elusive Justice: Reflections On The Tenth Anniversary Of Afghanistan's Law On Elimination Of Violence Against Women, Mehdi J. Hakimi

Northwestern Journal of Human Rights

The Taliban’s fall in 2001 elevated hopes for improving the plight of women and girls in Afghanistan. Those aspirations were bolstered with the promulgation of the country’s landmark Law on the Elimination of Violence against Women (EVAW) in 2009. The tenth anniversary of Afghanistan’s EVAW Law, however, offers little cause for celebration. This essay examines Afghanistan’s legal framework on combating gender-based violence against women, and the mounting challenges on the ground. The ongoing rampant violence against women, pervasive use of mediation in criminal cases, and violations perpetrated by State agents have made Afghan women’s quest for justice increasingly more elusive. …

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

International Law Studies

In Doha, Qatar the government of the United States has conducted successive rounds of negotiations with a non-State, the Islamic Emirate of Afghanistan (the Taliban) over the future of a State that was not present—the Government of Afghanistan. Regardless of the outcome, the United States will retain a national security interest in Afghanistan and the region. Contextually nuanced strategic choices will be critical and law could be a key strategy. This article identifies relevant Afghan history—a collective longue durée—appraises the severable sovereignty of the Afghan State, and underscores the imperative of working below the State. Drawing on a 1952 …

Norway's Lessons, Harald Hoiback

The US Army War College Quarterly: Parameters

This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.