Social and Behavioral Sciences Commons^™

The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold

San Diego International Law Journal

This Article analyzes the Kharkov trial, the first trial of Nazi war criminals undertaken by any Allied Power, as well as the first trial of the Holocaust. It is written on the occasion of the 70th anniversary of the Kharkov trial. Part II, as background, describes the Holocaust as experienced in Kharkov, Ukraine. Part III discusses the trial that took place in Kharkov: the defendants, the prosecution, the setting, and the testimony. Part IV looks at the Kharkov trial as a typical Stalinist “show trial,” where guilt has been predetermined and a trial is used merely as a show to …

The United Nations And War In The Twentieth And Twenty-First Centuries, Robert Weiner

Robert Weiner

The United Nations was created in 1945 to prevent another world war. It was designed, as the Preamble to the Charter states, to eliminate the scourge of war. The failure to agree on a permanent UN international army meant that the UN had to improvise in dealing with wars. Peacekeeping, which is not mentioned anywhere in the UN Charter, had to be invented. This study investigates how peacekeeping has evolved through four “generations,” culminating in Unsanctioned multinational forces consisting of “coalitions of the willing.” The study also stresses how one of the greatest peacekeeping failures of the UN in the …

The William & Mary Law School Lewis B. Puller, Jr. Veterans Benefits Clinic And Hmvhe News (Vol. 1, Issue 1), Lewis B. Puller, Jr. Veterans Benefits Clinic

Lewis B. Puller, Jr. Veterans Benefits Clinic

No abstract provided.

Editor's Shelf, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Coin Is Dead—Long Live Transformation, Cora Ford, Patrick Rose, Howard Body

The US Army War College Quarterly: Parameters

No abstract provided.

The Internet, New Media, And The Evolution Of Insurgency, Steven Metz

The US Army War College Quarterly: Parameters

No abstract provided.

The Futility Of Force And The Preservation Of Power: British Strategic Failure In America, 1780-83, Daniel T. Canfield

The US Army War College Quarterly: Parameters

No abstract provided.

From The Archives, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Robert H. Taylor

The US Army War College Quarterly: Parameters

No abstract provided.

The Afghanistan Experience: Democratization By Force, Cora Sol Goldstein

The US Army War College Quarterly: Parameters

No abstract provided.

Afghanistan: Strategy And War Termination, Christopher Tuck

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Off The Press, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

American Landpower And The Middle East Of 2030, Michael R. Eastman

The US Army War College Quarterly: Parameters

No abstract provided.

From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell

Human Rights & Human Welfare

Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Georgetown Law Faculty Publications and Other Works

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

Donald J. Kochan

With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …

Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin

Book Chapters

My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Divided Responsibility: Nato, The European Union, And European Defense After Cold War, Samuel Jubelirer

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Nato Expansion During The Cold War And After, Evan Jaroff

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Transnational Armed Conflict: A “Principled” Approach To The Regulation Of Counter-Terror Combat Operations, Geoffery S. Corn, Eric Talbot Jensen

Faculty Scholarship

Transnational armed conflicts have become a reality. The increasing sophistication of terrorist organizations, their increasingly transnational nature, and their development of military strike capabilities, push and will continue to push States to resort to combat power as a means to defend against this threat. Relying on the factual fiction that the acts of such terrorists must be attributable to the States from which they launch their operations, or on the legal fiction that the use of military combat power to respond to such threats is in reality just extraterritorial law enforcement, fails to acknowledge the essential nature of such operations. …

Disclosure's Effects: Wikileaks And Transparency, Mark Fenster

Mark Fenster

Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

The Military At Fort St. Joseph, Scott T. Macpherson

Fort St. Joseph Archaeological Project

Showing the Flag, Troupes de la Marine, Militia, and Fort St. Joseph’s Military Actions.

Fort St. Joseph And The American Revolution, Scott T. Macpherson

Fort St. Joseph Archaeological Project

Bennett’s Expedition 1779, Raid on Fort St. Joseph 1780, The “Spanish Raid” 1781, Deportation of the French, and Demise of Fort St. Joseph.