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Articles 1 - 30 of 42
Full-Text Articles in Military, War, and Peace
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 …
After Action Review (Aar) Of Attendance At The Brazilian Army Command And General Staff College, Gary Corn
After Action Review (Aar) Of Attendance At The Brazilian Army Command And General Staff College, Gary Corn
Articles in Law Reviews & Other Academic Journals
In 2005, I was the first member of the U.S. Army Judge Advocate General's Corps (JAG Corps) to attend a foreign command and general staff college (CGSC). This article provides a summary of my attendance at the Brazilian Army's Command and General Staff College-Escola de Comando e Estado Maior do Extrcito (ECEME). Through a unique series of events, I was selected and attended the Brazilian Army's ECEME, a ten-month CGSC equivalent, where I studied brigade and division-level operations through the lens of a foreign military. This rare opportunity not only afforded me a unique and valuable professional development experience, it …
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
Popular Media
The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …
Law And Terror, Kenneth Anderson
Law And Terror, Kenneth Anderson
Popular Media
This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …
Doomed Internationalist, Kenneth Anderson
Doomed Internationalist, Kenneth Anderson
Popular Media
Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …
Defense Of Superior Orders In International Criminal Law As Portrayed In Three Trials: Eichmann, Calley And England, Natalia M. Restivo
Defense Of Superior Orders In International Criminal Law As Portrayed In Three Trials: Eichmann, Calley And England, Natalia M. Restivo
Cornell Law School J.D. Student Research Papers
The paper is dedicated to the defense of superior orders in international law. The author discusses attempts to use this defense in three trials, - Adolf Eichmann's, William Calley's and Lynndie England's. The paper juxtaposes the trials and provides conclusions on the success of this defense in each case.
Why The Court Said No, David Cole
Why The Court Said No, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Military Commissions: Hamdan V. Rumsfeld: Testimony Before The S. Comm. On Armed Services, 109th Cong., July 19, 2006 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer
Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer
All Faculty Scholarship
To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …
The Case For Palestine: An International Law Perspective, Susan M. Akram
The Case For Palestine: An International Law Perspective, Susan M. Akram
Faculty Scholarship
A Book Review for: The Case for Palestine: An International Law Perspective by John Quigley
Taken from review:
John Quigley aptly calls it “the longest-standing conflict in the history of the United Nations”—the apparently intractable Middle East conflict that continues to foster violence and instability, not only in the region, but around the world. But Quigley’s revised and updated The Case for Palestine: An International Law Perspective, in clear language and persuasive legal argument, draws the conclusion that it is not unsolvable. Far from an intractable problem, Quigley argues, solving the Israel-Palestine conflict in a way that leads to a …
Challenges And Changes To Military Law From The War On Terror, Roger Williams University School Of Law
Challenges And Changes To Military Law From The War On Terror, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal
Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Questioning Quirin, Carl W. Tobias
Questioning Quirin, Carl W. Tobias
Law Faculty Publications
Louis Fisher's new work, Nazi Saboteurs on Trial: A Military Tribunal and American Law3 (Nazi Saboteurs), and his valuable contribution to illuminating Ex parte Quirin merit scrutiny. In this Review, I first descriptively assess Nazi Saboteurs. The Review then treats the monograph's numerous beneficial features and ascertains that it enhances understanding of the important decision in Quirin. I conclude with several recommendations for future analysis of Quirin's impact.
Equality With A Vengeance – Women Conscientious Objectors In Pursuit Of A "Voice" And Substantive Gender Equality, Noya Rimalt
Equality With A Vengeance – Women Conscientious Objectors In Pursuit Of A "Voice" And Substantive Gender Equality, Noya Rimalt
Studio for Law and Culture
This article examines the story of female draft resistors in Israel. The story serves as a case study that can provide important insights into the inherent constraints of contemporary legal discourse in promoting substantive gender equality and into the relationship between specific legal arrangements and the invisibility of women in the public sphere. This case study also sheds a more complex light on the nature of separate legal arrangements for women, and raises important questions about the appropriate feminist agenda for social and legal change.
The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton
The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl
Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl
Law Faculty Contributions to Books
This paper examines the right of states to broadcast propaganda by satellite in times of war. In exploring this issue, the author addresses the hypothetical question of whether a state may use DBS technology to broadcast a commercial news program, such as CNN, into an enemy state in wartime as part of a larger campaign to win the support of the civilian population. The author begins by establishing that that the consent of a receiving state is required prior to such broadcasts, whether in peacetime or in times of war. This requirement of "prior consent" is the only restriction of …
Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, 16 Duke J. Comp. & Int'l L. 249 (2006), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Researching National Security And Intelligence Policy (Book Review), Robert J. Weiner Jr.
Researching National Security And Intelligence Policy (Book Review), Robert J. Weiner Jr.
College of Law - Law Library Staff Scholarship
No abstract provided.
Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher
Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher
Faculty Scholarship
This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.
Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield
Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield
Articles
On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.
The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett
The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.
Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann
The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann
Articles & Chapters
No abstract provided.
Anglo-American Privacy And Surveillance, Laura K. Donohue
Anglo-American Privacy And Surveillance, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The United States’ Terrorism Surveillance Program represents just one of many expansions in surveillance since 9/11, as legal controls previously introduced to protect citizens’ privacy and to prevent the misuse of surveillance powers have been relaxed. What makes the situation qualitatively different now is not just the lowering of the bar: digitization and the rapid advancement of technology mean that the type and volume of information currently available eclipse that of previous generations. The issue is not confined to the United States. Despite the incorporation of the European Convention of Human Rights into British law, the United Kingdom also appears …
The Civilised Self And The Barbaric Other: Imperial Delusions Of Order And The Challenges Of Human Security, Ikechi Mgbeoji
The Civilised Self And The Barbaric Other: Imperial Delusions Of Order And The Challenges Of Human Security, Ikechi Mgbeoji
Articles & Book Chapters
In the aftermath of the military conflicts of 1936 - 45, there seemed to be a global renunciation of war as an instrument of state policy. Shortly thereafter, however, decades of ideological attrition between the major powers and the inherent perversion of postcolonial states reduced the solemn declarations of 1945 to ineffectual rhetoric. Underpinning the decline and demise of a human-centred approach to global peace and security is the enduring notion of the civilised self and the barbaric other. The polarisation of humanity between camps of the savage and the civilised has continued to animate international policy making despite denials. …
Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.
Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Neo-Strategicon: Modernized Principles Of War For The 21st Century, Charles J. Dunlap Jr.
Neo-Strategicon: Modernized Principles Of War For The 21st Century, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Pro-Democratic Intervention In Africa, Jeremy I. Levitt
Pro-Democratic Intervention In Africa, Jeremy I. Levitt
Journal Publications
In the past twenty years the people of the African continent have experienced human suffering on a scale unparalleled in human history. For the past decade I have examined and documented the evolution of Africa's peacekeeping, peace enforcement, regional collective security, and conflict management landscape as well as Africa's contribution to international law, particularly as it relates to the jus ad bellum, "the law of the use of force". Although an abundance of scholarly work and official studies have examined the complexities of humanitarian intervention, only a select body of credible work has considered the phenomenon of pro-democratic intervention (PDI)--very …