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Full-Text Articles in Military, War, and Peace
A Rose By Any Other Name: How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
A Rose By Any Other Name: How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Faculty Journal Articles and Book Chapters
This chapter examines the US practice of not charging its service members with war crimes. The chapter briefly explains how the United States 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 varied meanings of the term ‘war crimes’ and the way in which the 1949 Geneva Conventions can provide a benchmark against …
Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse
Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse
Faculty Journal Articles and Book Chapters
This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces against Afghan nationals to the U.S. military. The answer requires applying a longstanding Department of Defense policy for reporting law of war violations and hinges on whether there is a nexus between the sexual assault and the armed conflict in Afghanistan. Although recent attention on this topic has brought much-needed visibility to sexual assault in conflict zones, the overbroad assertions of the media and the military have unfortunately fostered more confusion than clarity. This Essay does not attempt …