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Post Awesome, Chip Lauterbach

Mighty Pen Project Anthology & Archive

A Marine in Afghanistan returns from a battle, eager to speak with his wife; he can't reach her, and his heart sinks in worry.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may …

Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Law School Blogs

No abstract provided.

With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Newsroom: Manning Lead Counsel On Commutation 01-17-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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

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 …

Twilight In Afghanistan: An Introduction, Feisal Amin Istrabadi, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

United States Negotiates Prisoner Exchange to Secure Release of U.S. Soldier Held in Afghanistan • United States Refuses to Grant Visa to Iranian UN Envoy • Multilateral Naval Code of Conduct Aims to Prevent Unintended Conflict in Contested Areas of East and South China Seas • Senate Approves Treaties to Regulate Fishing • United States Indicts Chinese Military Officials for Economic Espionage • U.S. Supreme Court Declines to Terminate Long-Running Efforts to Force Argentina to Pay Defaulted Sovereign Debt • United States Condemns Uganda’s Antigay Law as Violating Human Rights • President Barack Obama Certifies That U.S. Peacekeepers in Mali …

The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

• Progress Is Made Implementing U.S.-Russia Framework for Eliminating Syrian Chemical Weapons • United States Advocates for Syrian Peace Conference • United States Extends Deadline for Signing of Bilateral Security Agreement with Afghanistan • China Announces New Air Defense Identification Zone over East China Sea, Prompting U.S. Response • United States and Six Other States Reach Interim Agreement on Iranian Nuclear Program

Agency Of Risk: The Competing Balance Between Protecting Military Forces And The Civilian Population During Counterinsurgency Operations In Afghanistan, Chris Jenks

Faculty Journal Articles and Book Chapters

Using both the International Security Assistance Force’s tactical directive on use of force in Afghanistan and doctrinal concepts from the US military’s counterinsurgency manual, this chapter explores the allocation of risk between the military force and Afghan civilian population. The chapter first reviews civilian and military casualty figures and then uses those numbers as a touchstone against which to consider each group’s perception of the risk they face.

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

All Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …

Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks

Faculty Journal Articles and Book Chapters

This brief commentary discusses child soldiers in general and Omar Khadr, a 15 yr old whom the United States military captured during armed conflict in Afghanistan, in particular. I suggest the conversation should be broadened and to move past misperceptions of the applicable law and norms concerning detention and prosecution of child belligerents.

The Law And Policy Implications Of 'Baited Ambushes' Utilizing Enemy Dead And Wounded, Chris Jenks

Faculty Journal Articles and Book Chapters

When a state's armed forces is engaged in hostilities, how long after an engagement or firefight before the international humanitarian law requirement to search for and care for the wounded and find and bury the dead is triggered? This military practitioner's note discusses the legal and policy implications of 'baited ambushes,' the practice of utilizing wounded and dead enemies as the bait for follow on forces, which are then engaged.

Course Correction: My Term At Afghanistan's Graduate School Of War, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

Camp Julien is surrounded by reminders of Afghanistan's past. The coalition military base which sits in the hills south of Kabul, just high enough to rise above the thick cloud of smog that perpetually blankets the city, is flanked by two European-style palaces built in the 1920s by the modernizing King Amanullah. Home to Soviet troops and mujahedin during the past decades of war, the now-crumbling palaces are littered with bullet holes and decorated with graffiti in multiple languages. Uphill from Julien is the old Russian officers' club, dating from the Soviet invasion and featuring a recently refilled swimming pool …

The Status Of Detainees From The Iraq And Afghanistan Conflicts, Srividhya Ragavan, Michael S. Mireles

Faculty Scholarship

The paper is premised on the idea that the future course of international law will be impacted by the United States' ability to adhere to international treaties to which it is a signatory. Hence, the current administration bears a responsibility to avoid unwisely stretching, distorting, or avoiding the principles of international law for short-term gain in a manner that jeopardizes long-term sustainable policy. The United States should be wary of creating a dangerous precedent - not only for the world, but for itself. If the United States shirks from or misinterprets international legal principles, it leaves the forum open for …

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …

Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.