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Thurgood Marshall Memorial Lecture: 80 Years After Korematsu V. U.S.: It's All About Us 10-29-2024, Roger Williams University School of Law 2024 Roger Williams University

Thurgood Marshall Memorial Lecture: 80 Years After Korematsu V. U.S.: It's All About Us 10-29-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The International Law Of Siege And Starvation: The Case Of Gaza After October 7, 2023, R. Field 2024 University at Buffalo School of Law

The International Law Of Siege And Starvation: The Case Of Gaza After October 7, 2023, R. Field

Buffalo Human Rights Law Review

This article will assess the legality of Israel’s current siege of Gaza under international humanitarian law (IHL) and domestic Israeli law. Since October 7, 2023, Israel has implemented a strict siege of Gaza, severely restricting the entry of food, water, fuel, and other humanitarian goods. The civilian population of Gaza now faces ongoing starvation. While sieges are not categorically banned in IHL, under customary IHL a besieging party may not refuse consent to the entry of sufficient humanitarian aid into the besieged area unless it has a valid, non-arbitrary reason to do so. The Israeli High Court of Justice has …


Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski 2024 Penn State Dickinson Law

Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski

Dickinson Law Review (2017-Present)

Currently, neither Ukraine’s Constitution nor its criminal code establish the principle of command responsibility as a mode of criminal liability within the country. Key international statutes like Article 28 of the International Criminal Court and international case law, like the recently decided Case of Milanković v. Croatia, have firmly established the doctrine of command responsibility as a fundamental principle of customary international law applicable in the context of an armed conflict. Furthermore, the Milanković court affirmed a conviction based on command responsibility even in the absence of a clear domestic governing statute at the time the crime was committed, …


Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari 2024 U.S. Naval War College

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …


Aggressor State, Aggressor Individual, And What International Law Does/Should Protect, Nurbanu Hayır 2024 University of Copenhagen

Aggressor State, Aggressor Individual, And What International Law Does/Should Protect, Nurbanu Hayır

Michigan Journal of International Law

This note examines the measures taken against Russian citizens in the context of the Russo-Ukrainian War in positive international law and analyzes the rationale for sanctioning individual citizens of an aggressor state. It questions whether the gravity of state aggression by Russia enables measures targeting individuals based solely on their Russian citizenship by investigating whether the blanket denial of asylum and imposition of travel bans for Russian citizens constitutes a breach of norms of international law. It further tests this citizenship link by turning to the legality of denationalization of pro-Russian Ukrainian citizens under international law. Building on this foundation, …


Eisenhower As Supreme Allied Commander: A Reappraisal, Richard D. Hooker Jr. 2024 US Army War College

Eisenhower As Supreme Allied Commander: A Reappraisal, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

This article argues that the historical assessment of Dwight D. Eisenhower as Supreme Allied Commander of the Allied Expeditionary Force in World War II lacks objectivity and balance. It identifies several strategic errors and missteps attributable to Eisenhower, which resulted in severe casualties and prolonged the war in Europe. The conclusions can help US military practitioners and policymakers assess the background and qualities required for successful theater command during wartime and senior commanders’ performances.


Book Reviews, USAWC Press 2024 US Army War College

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


From The Acting Editor In Chief, C. Anthony Pfaff 2024 US Army War College

From The Acting Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.


Parameters Autumn 2024, USAWC Press 2024 US Army War College

Parameters Autumn 2024, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.


Exploring Strategy In India, Vinay Kaura 2024 US Army War College

Exploring Strategy In India, Vinay Kaura

The US Army War College Quarterly: Parameters

This review essay discusses Rajesh Basrur's Subcontinental Drift: Domestic Politics and India’s Foreign Policy and Feroz Hassan Khan's Subcontinent Adrift: Strategic Futures of South Asia and explores Indian strategy, especially concerning domestic issues and the relationship between Pakistan and India. The review concludes by noting that the two books agree on the oversized role of the Pakistani military in India’s national politics, where most security and foreign policy decisions are directed toward Pakistan.


Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo 2024 U.S. Naval War College

Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo

International Law Studies

China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …


The Defense Of Taiwan: Possible Legal Justifications, Raul (Pete) Pedrozo 2024 U.S. Naval War College

The Defense Of Taiwan: Possible Legal Justifications, Raul (Pete) Pedrozo

International Law Studies

This article examines four possible interconnected legal arguments that can be used by the United States and its allies and partners to justify the defense of Taiwan in the event of a Chinese invasion of the island. First, the United States could recognize Taiwan as an independent nation. Second, the three joint communiqués between the United States and China are premised on an understanding that the Taiwan issue will be resolved by “peaceful” means. A Chinese invasion of Taiwan would certainly breech that understanding and allow the United States to recognize Taiwan as a sovereign State. Third, a Chinese invasion …


Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin 2024 Strassler Center for Holocaust and Genocide Studies, Clark University

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …


2024 Annual Estimate Of The Strategic Security Environment, 2024 US Army War College

2024 Annual Estimate Of The Strategic Security Environment

Books, Monographs & Collaborative Studies

The 2024 Annual Estimate of the Strategic Security Environment sets the foundation for cutting-edge research to understand the ever-evolving security environment domestically and internationally. Competition with the People’s Republic of China continues to dominate the strategic narrative, with global implications for US national interests. The Russia-Ukraine War and the deteriorating situation in the Middle East, however, present immediate and political challenges that will undoubtedly influence US military efforts abroad. At the same time, the United States faces domestic challenges in navigating civil-military relations, and the Army is working diligently to overcome institutional hurdles. The United States published its first National …


Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School of Law 2024 The Judge Advocate General's Legal Center and School

Changemakers: Juris Doctorate: Peter Sabian L'17: Practice With A Purpose 7-15-24, Jane Lee, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Arctic Policy Considerations For Scottish Independence, Mason McInnis Brewer 2024 University of Maine School of Law

Arctic Policy Considerations For Scottish Independence, Mason Mcinnis Brewer

Ocean and Coastal Law Journal

The ongoing effects of climate change on the Arctic environment raises the geopolitical importance of the Arctic and nearby regions, such as the broader High North. With deteriorating relations between Russia and much of the international community, changes to international borders in these regions would undoubtedly be a concern for those with Arctic interests. Consequently, due to Scotland’s location in the world, the legal analysis surrounding any Scottish claim to external self-determination under international law would include Arctic considerations. Following a review of the Artic policy priorities of the U.K. and Scottish governments, and each government's involvement in developing those …


Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva 2024 University of Maine School of Law

Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva

Ocean and Coastal Law Journal

Climate change poses a serious threat to human well-being, negatively affecting health, traditional environmental management, water supply and food security. Changes in the environment are exacerbating indigenous peoples' problems. This is especially relevant to those who lead traditional lifestyles and whose well-being depends on agricultural and livestock production. This Article addresses the challenges and potential solutions to climate change in the Arctic ecosystem, including the Sub-Arctic regions. Physical changes to the landscape are examined alongside impacts on Indigenous culture and identity. In addition, the article explains the importance of Indigenous knowledge, values, and ethics in developing successful adaptation strategies. In …


Indigenous Peoples As A Tool For Russia's International Publicity In The Arctic Region, Pavel Sulyandziga, Dmitry Berezhkov 2024 University of Maine School of Law

Indigenous Peoples As A Tool For Russia's International Publicity In The Arctic Region, Pavel Sulyandziga, Dmitry Berezhkov

Ocean and Coastal Law Journal

The Arctic region is strategically significant with its economic activity, resources, and its Indigenous populations. Russia has recognized the significance of the Indigenous peoples living in the Arctic and has fueled its international publicity by using these peoples as a tool for public relations. The colonizing of these regions and the strategic use of propaganda by the Russian government weaves a complicated tale—one in which the Russian administration voices support for the Indigenous populations while removing protections for these same peoples.


Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska 2024 University of Maine School of Law

Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska

Ocean and Coastal Law Journal

The United States may seek to reduce its dependency on China for strategic minerals and rare earth elements by exploiting deposits on its continental shelf in the Arctic region. On December 19, 2023, the United States announced the outer limits of it extended continental shelf. Like other countries, the United States exercises sovereign rights and jurisdiction over the living and non-living resources of the continental shelf, which is comprised of the sea bed and subsoil of the continental margin. The U.S. continental shelf extends beyond 200 nautical miles in seven locations, including the Bering Sea and Arctic Ocean. Although the …


Russia's Arctic Maritime Claims, Raul Pete Pedrozo 2024 University of Maine School of Law

Russia's Arctic Maritime Claims, Raul Pete Pedrozo

Ocean and Coastal Law Journal

As an Arctic State, Russia has extensive maritime claims in the Arctic Ocean. This Article analyzes those claims to determine their consistency with international law. A brief overview of the applicable legal regime in the Arctic is provided, in particular, a discussion of Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS), applicability of the mandatory Polar Code adopted by the International Maritime Organization in 2017, and the various legally binding agreements adopted by the Arctic Council. The Article will also review Russia’s maritime boundary agreements with the United States (1990), which is being provisionally …


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