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The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr. 2016 U.S. Naval War College

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

International Law Studies

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law ...


The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin 2016 U.S. Naval War College

The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

International Law Studies

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for ...


Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams 2016 University of Louisville Louis D. Brandeis School of Law

Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams

University of Michigan Journal of Law Reform

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of ...


Knowing When Not To Fight, David Luban 2016 Georgetown University Law Center

Knowing When Not To Fight, David Luban

Georgetown Law Faculty Publications and Other Works

Should military personnel (“soldiers”) become selective conscientious objectors to an unjust war? This chapter argues, first, that in most cases the fog of war and politics makes it unreasonable to expect soldiers to make fact-intensive judgments about whether the war is just. Second, it argues that even a justwar tribunal, of the sort proposed by Jeff McMahan, will not do the job. It will inevitably lack the legitimacy and fact-finding capacity necessary to reassure soldiers in such a weighty decision. Third, the moral importance of maintaining civilian control of the military means that soldiers should generally obey orders to deploy ...


The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr. 2016 Duke Law School

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

Faculty Scholarship

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law ...


Islamic Law, International Law, And Non-International Armed Conflict In Syria, Patrick B. Grant, MAJ 2015 US Military Accademy, West Point

Islamic Law, International Law, And Non-International Armed Conflict In Syria, Patrick B. Grant, Maj

Patrick Grant


Non-international armed conflicts (NIAC) occur more frequently in the world today than international armed conflicts. Despite the classification of non-international, such conflicts are likely to affect an entire region rather than remain neatly within the borders of one state. International law is not enough to address the atrocities of modern NIACs. The need to supplement international law increases with the number of states dragged into the conflict because not all states apply the full body of international law, non-state actors lack incentive to follow international law, and international law does not focus on reconciliation of the warring parties. Islamic law ...


Private Military And Security Companies, Nelleke van Amstel, Rain Liivoja 2015 Geneva Centre for the Democratic Control of Armed Forces

Private Military And Security Companies, Nelleke Van Amstel, Rain Liivoja

Rain Liivoja

This chapter addresses the continued relevance of the law of armed conflict (LOAC) in situations of armed conflict where private military and security companies (PMSCs) are used and the regulatory means by which the existing law is being adapted to accommodate the emergence of a new actor in warfare. The chapter begins with a brief overview of the recent regulatory initiatives that have been designed to address some of the legal problems associated with PMSCs. The chapter then considers the application of existing LOAC to PMSCs, in particular the status, obligations and accountability of PMSC personnel under LOAC. Next, the ...


Emerging Technologies Of Warfare, Rain Liivoja, Kobi Leins, Tim McCormack 2015

Emerging Technologies Of Warfare, Rain Liivoja, Kobi Leins, Tim Mccormack

Rain Liivoja

This chapter addresses some of the key legal implications and regulatory challenges arising from the military applications of a certain types of technology. The chapter begins with information technology and the notion of ‘cyber warfare’, It then turns to robotics, specifically remotely controlled, automated and autonomous military systems, and finally considers nanotechnology. The chapter concludes with a brief reflection on the formal legal review of new means and methods of warfare in the context of emerging technologies of warfare.


Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport 2015 Yale Law School

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.


The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt, Mark P Nevitt 2015

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt, Mark P Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are ...


Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney 2015 University of Miami Law School

Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney

University of Miami National Security & Armed Conflict Law Review

Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.

This article explores the legal justifications ...


Ending Security Council Resolutions, Jean Galbraith 2015 University of Pennsylvania

Ending Security Council Resolutions, Jean Galbraith

Faculty Scholarship

The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the future. The ...


Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell 2015 University of Massachusetts Boston

Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Reprinted from New England Journal of Public Policy 21, no. 1 (2006), article 9.


Wars Remembered (2003), Shaun O’Connell 2015 University of Massachusetts Boston

Wars Remembered (2003), Shaun O’Connell

New England Journal of Public Policy

O'Connell speaks about his father, among other war veterans, dealing with the effects of the wars they fought in. He explains his father's history from how he enilisted to how he died. He also touches upon other's war experiences and writing about the after effects of them as well.

Reprinted from New England Journal of Public Policy 19, no. 1 (2003), article 3.


Safe Operations Above Fl600, Lt. Col. Stephen Hunter 2015 Air Force Space Command

Safe Operations Above Fl600, Lt. Col. Stephen Hunter

Space Traffic Management Conference

Safe Operations Above FL600

Abstract

With the increase in likelihood of near-term development of revenue-generating point-to-point suborbital flights and the increase in high-altitude-long-endurance commercial operations above FL600, the criticality of addressing operations above class A airspace has never been more pressing. While the Federal Aviation Administration describes the National Airspace System, it doesn’t offer a description that includes a top. Technological, physiological, physical and administrative limitations have relegated most air operations to FL600 and below. As that changes, previous work on Space Traffic Management (STM) concepts begin to take on new life and add to sincere considerations for adaptation ...


Vets Just Want Fair Benefits, Patricia E. Roberts 2015 William & Mary Law School

Vets Just Want Fair Benefits, Patricia E. Roberts

Popular Media

No abstract provided.


Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School of Law 2015 Roger Williams University

Rwu Law Launches Legal Clinic For Disabled Veterans, Roger Williams University School Of Law

Conferences, Lectures & Events

No abstract provided.


Newsroom: Law Clinic For Disabled Veterans, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Law Clinic For Disabled Veterans, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


A Primer On Key International Law Issues For The Regionally Aligned Legal Advisor, Matthew J. Festa, Patrick Walsh 2015

A Primer On Key International Law Issues For The Regionally Aligned Legal Advisor, Matthew J. Festa, Patrick Walsh

Matthew J. Festa

The concept of Regionally Aligned Forces (RAF) represents a transition in the U.S. government and military strategic vision for how it employs its operational and tactical forces. The implementation of RAF will give rise to unique, region-specific legal issues. Many of these issues are unique to international and operational law. Legal advisors and judge advocates at all levels, and in all types of assignments, will need to be aware of the legal questions that the RAF focus presents. This article is a road map to assist you in preparing for those key international law issues that you will face ...


A Primer On Key International Law Issues For The Regionally Aligned Legal Advisor, Patrick Walsh 2015 The Judge Advocate General's Legal Center and School

A Primer On Key International Law Issues For The Regionally Aligned Legal Advisor, Patrick Walsh

Patrick Walsh

The concept of Regionally Aligned Forces (RAF) represents a transition in the U.S. government and military strategic vision for how it employs its operational and tactical forces. The implementation of RAF will give rise to unique, region-specific legal issues. Many of these issues are unique to international and operational law. Legal advisors and judge advocates at all levels, and in all types of assignments, will need to be aware of the legal questions that the RAF focus presents. This article is a road map to assist you in preparing for those key international law issues that you will face ...


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