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Full-Text Articles in Military, War, and Peace
A Paper Tiger With Bite: A Defense Of The War Powers Resolution, Michael B. Weiner
A Paper Tiger With Bite: A Defense Of The War Powers Resolution, Michael B. Weiner
Vanderbilt Journal of Transnational Law
The War Powers Resolution (WPR) has led a beleaguered existence. Since its enactment in 1973, it has been labeled ineffectual and useless. This Note proves, however, that to review presidential unilateral uses of force since 1973 is to find a spirit of compliance with the WPR, as these uses of force have been characterized by their brevity and their lack of spilled U.S.blood. While minor departures from the WPR's black-letter requirements are conceded, none of these uses of force have developed into, or even resembled, Vietnam-esque quagmires. As a result, this Note contends that the WPR has had a positive …
Hamdan, Lebanon, And The Regulation Of Hostilities, Geoffrey S. Corn
Hamdan, Lebanon, And The Regulation Of Hostilities, Geoffrey S. Corn
Vanderbilt Journal of Transnational Law
For more than fifty years following the 1949 revision of the Geneva Conventions, legal scholars, government experts, and military practitioners understood the articles that defined when the protections of these treaties came into force--Common Articles 2 and 3--as the exclusive criteria which triggered the laws of war. From these two articles emerged an "either/or" law-applicability paradigm: inter-state, or international, armed conflicts triggered the full corpus of the laws of war, whereas intra-state, or internal, armed conflicts triggered the limited humanitarian protection reflected in the terms of Common Article 3. Because many military operations during the past two decades did not …