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Full-Text Articles in Military, War, and Peace
Ensuring Justice Without "Beating The Deal", Sean P. Flynn
Ensuring Justice Without "Beating The Deal", Sean P. Flynn
Notre Dame Law Review Reflection
In 1950 military justice changed drastically with the enactment of the Uniform Code of Military Justice (UCMJ). The UCMJ brought many protections to service members that were standard in civilian criminal practice, but there still existed differences between the two systems. Recent changes to the UCMJ eliminated more of those differences. The Joint Service Committee recommended further changes, which were accepted, to the way the military handles guilty pleas and plea agreements in the Rules for Courts-Martial (RCM), which govern the procedure and substance of courts-martial. The primary change discussed here is the removal of the military’s “beat the deal” …
Due Process Of War, Nathan S. Chapman
Due Process Of War, Nathan S. Chapman
Notre Dame Law Review
The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …
Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally Mcqueen
Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally Mcqueen
Notre Dame Law Review Reflection
This Essay, in Part I, will begin with an overview of the use of child soldiers in armed conflicts around the world. Part II will explore provisions within the Geneva Conventions, the Convention on the Rights of the Child, and the Beijing Rules that are applicable to child soldiers and can shed some light on their culpability after an armed conflict. In Part III, this Essay will then discuss the varying degrees to which international criminal tribunals and the International Criminal Court have addressed the criminal responsibility of children for war crimes and crimes against humanity. Finally, Part IV will …