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Articles 1 - 30 of 48
Full-Text Articles in Military, War, and Peace
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Brigham Young University Journal of Public Law
No abstract provided.
Balancing Precautions In Attacks Versus Precautions Againstnthe Effects Of Attacks In Urban Armed Conflict, Andrew Navarro
Balancing Precautions In Attacks Versus Precautions Againstnthe Effects Of Attacks In Urban Armed Conflict, Andrew Navarro
BYU Law Review
No abstract provided.
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
Death Star Drones: How Missile Defense Drone Technology Marks The Advent Of Contingent Sovereignty, Ben Forsgren
BYU Law Review
Are advances in national security worth pursuing at the expense of sovereign equality? A new U.S. drone program may soon force the world to decide. Thanks to recent technological advances in unmanned aerial vehicles (UAV) and directed energy weapons, the United States will soon have a fleet of missile defense UAVs outfitted with advanced laser weapons designed to destroy intercontinental ballistic missiles before the missiles complete their launch phase. While these drones would significantly decrease the threat of a nuclear attack against the United States, they can only function if they are preemptively stationed in the sovereign airspace of other …
Incentivizing Armed Non-State Actors To Comply With The Law: Protecting Children In Times Of Armed Conflict, Sarah Hafen
Incentivizing Armed Non-State Actors To Comply With The Law: Protecting Children In Times Of Armed Conflict, Sarah Hafen
BYU Law Review
No abstract provided.
The European Court Of Human Rights Proclaims That It Will Neither Forgive Nor Forget Those Who Wage War, Shantel Talbot
The European Court Of Human Rights Proclaims That It Will Neither Forgive Nor Forget Those Who Wage War, Shantel Talbot
Brigham Young University International Law & Management Review
No abstract provided.
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
Brigham Young University International Law & Management Review
No abstract provided.
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
Brigham Young University International Law & Management Review
No abstract provided.
The Equilibrium Of Violence: Accountability In The Age Of Autonomous Weapons Systems, Joel Hood
The Equilibrium Of Violence: Accountability In The Age Of Autonomous Weapons Systems, Joel Hood
Brigham Young University International Law & Management Review
No abstract provided.
Future War And The War Powers Resolution, Eric Talbot Jensen
Future War And The War Powers Resolution, Eric Talbot Jensen
Faculty Scholarship
Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as triggers …
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin
Brigham Young University Journal of Public Law
No abstract provided.
Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams
Safeguarding The Commander's Authority To Review The Findings Of A Court-Martial, Andrew S. Williams
Brigham Young University Journal of Public Law
There are many good reasons why the military justice system is different than the civilian system. Much deserves to be said about why commanders must retain oversight and control over the court-martial process. The purpose of this paper is more limited in scope. It is to demonstrate that a court-martial panel is not a true jury and that the commander should retain the authority to review its findings for this reason alone.
Future War, Future Law, Eric Talbot Jensen
Future War, Future Law, Eric Talbot Jensen
Faculty Scholarship
Advancing technology will dramatically affect the weapons and tactics of future armed conflict, including the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought. These changes -- including continuing cyber conflict, increased use of autonomous weapon systems, the development of nanotechnology, and evolving virology capabilities -- will stress even the fundamental principles of the law of armed conflict, or LOAC. While it is likely that the contemporary LOAC will be sufficient to regulate the majority of future conflicts, the international community must be willing to evolve the …
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Guantanamo And The End Of Hostilities, Eric Talbot Jensen
Faculty Scholarship
Detainees in the War on Terror have been at Guantanamo Bay for over a decade. The justification for these detentions has been, at least in part, the on-going hostilities in Afghanistan. However, President Obama’s announcement in his 2013 State of the Union address that “By the end of [2014] our war in Afghanistan will be over” may undercut the continuing detention authority for at least some of these Guantanamo detainees. This paper analyzes the legal doctrine of release and repatriation in light of President Obama’s announcement and concludes that the President’s determination that hostilities have concluded between specific Parties to …
The Legality Of Armed Drone Strikes Against U.S. Citizens Within The United States, Marshall Thompson
The Legality Of Armed Drone Strikes Against U.S. Citizens Within The United States, Marshall Thompson
BYU Law Review
No abstract provided.
Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen
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. …
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
BYU Law Review
No abstract provided.
Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen
Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen
Faculty Scholarship
The recent acquittal of the first Guantanamo Bay detainee to stand trial in U.S. federal court on all but one of the 286 charges he faced stemming from the 1998 bombings of two U.S. embassies in Africa has reinvigorated the discussion on indefinite detention under the laws of war. While the issue has been raised in the past, the discussion hasn’t extended beyond stating that the law of war, or law of armed conflict (LOAC) as it is often called, provides a legal basis for detention, including detention for the duration of hostilities. In fact, the Obama Administration has made …
Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen
Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen
Faculty Scholarship
Ninety-eight percent of all U.S. government communications travel over civilian-owned-and-operated networks. Additionally, the government relies almost completely on civilian providers for computer software and hardware products, services, and maintenance. This near-complete intermixing of civilian and military computer infrastructure makes many of those civilian objects and providers legitimate targets under the law of armed conflict. Other civilian networks, services, and communications may suffer collateral damage from legitimate attacks on government targets. To protect those civilian objects and providers from the effects of attacks, the law of armed conflict requires a state to segregate its military assets from the civilian population and …
The Eighty Percent And Twenty Percent Solutions To Nuclear Proliferation , Matthew Lund
The Eighty Percent And Twenty Percent Solutions To Nuclear Proliferation , Matthew Lund
BYU Law Review
No abstract provided.
Preventive War, Deterrent Retaliation, And Retrospective Disproportionality, Brian Angelo Lee
Preventive War, Deterrent Retaliation, And Retrospective Disproportionality, Brian Angelo Lee
BYU Law Review
No abstract provided.
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Faculty Scholarship
On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …
Post-Conflict Reconstruction, Eric Talbot Jensen
Post-Conflict Reconstruction, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 "firing" of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder's intent to balance military power within the national government. The …
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
Faculty Scholarship
The intermixing of combatants with civilians while engaging in hostilities violates one of the most fundamental principles of the law of armed conflict: the principle of distinction. This bedrock principle of the law of war requires those involved in conflict to mark themselves so they can be distinguished from those who are not involved in combat. The most common method of compliance is for combatants to wear a uniform. By requiring distinction, both combatants and civilians know who is involved in the combat and who is not. Derogation from the principle of distinction is among the most serious issues facing …
Extending Hamdan V. Rumsfeld To Combatant Status Review Tribunals, Brian M. Christensen
Extending Hamdan V. Rumsfeld To Combatant Status Review Tribunals, Brian M. Christensen
BYU Law Review
No abstract provided.
Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen
Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen
Faculty Scholarship
International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must …
Coercion And Terrorism Prosecutions In The Shadow Of Military Detention, Tung Yin
Coercion And Terrorism Prosecutions In The Shadow Of Military Detention, Tung Yin
BYU Law Review
No abstract provided.
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
BYU Law Review
No abstract provided.
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Faculty Scholarship
Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the civilian …