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Full-Text Articles in Military, War, and Peace
Proportionality In Military Force At War's Multiple Levels: Averting Civilian Casualties Vs. Safeguarding Soldiers, Ziv Bohrer, Mark Osiel
Proportionality In Military Force At War's Multiple Levels: Averting Civilian Casualties Vs. Safeguarding Soldiers, Ziv Bohrer, Mark Osiel
Vanderbilt Journal of Transnational Law
To what lengths may a state go to protect its soldiers in war? May it design its military operations to further that goal if this significantly increases civilian casualties? International law currently offers no clear answers. Because recent wars have seen many states prioritize soldier safety over avoiding civilian casualties, spirited debate has arisen over the legal defensibility of this practice. This debate currently focuses on an ethics code proposed by two influential Israeli thinkers and allegedly embodied in Israel's conduct of its 2008-2009 Gaza war with Hamas. This Article shows that current discussion fails to appreciate how judgments about …
Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro
Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro
Vanderbilt Journal of Transnational Law
Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …
War And The Business Corporation, Eric W. Orts
War And The Business Corporation, Eric W. Orts
Vanderbilt Journal of Transnational Law
This Article addresses the relationship between modern warfare and business corporations. The Article begins by considering the nature of war, emphasizing the effects of globalization and the changing importance of national boundaries. The Article reviews leading theories of war and focuses on how the growth of multinational corporations in economic and political power has begun to rival the power of nation-states. Next, the Article addresses the nature of the business corporation in the context of modern war by surveying standard legal, ethical, and economic understandings of corporate governance. The Article concludes by arguing that the recognition of the moral and …