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The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt 2020 University of Miami Law School

The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt

University of Miami Law Review

The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to ...


The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller 2020 University of Amsterdam; Australian National University

The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller

International Law Studies

The United States has reportedly been debating whether to "react to some nuclear or missile test with a targeted strike against a North Korean facility to bloody Pyongyang’s nose and illustrate the high price the regime could pay for its behavior." This article asks a simple question: would such a “bloody nose strike” (BNS) violate the jus ad bellum?

Providing a coherent answer is complicated by the lack of clarity surrounding the United States’ planning. In particular, the U.S. government has not specified what kind of provocation it believes would justify launching a BNS, has not identified precisely ...


The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski 2020 University of Georgia School of Law

The International Criminal Court Appeals Chamber Ruling In Ntaganda: An Opportunity To Improve Accountability For Sexual And Gender-Based Crimes Against Men And Boys, Elizabeth Modzeleski

Georgia Journal of International & Comparative Law

No abstract provided.


Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó 2020 University of Amsterdam

Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó

International Law Studies

This article examines the most pertinent questions relating to the applicability of the right of self-defense to attacks conducted by non-State armed groups (NSAGs) acting independently of State control from the territory of one or more States against the territory of another State. These questions are approached from the perspective of legality (does the right of self-defense apply to attacks not mounted by or under the control of a State) and modality (assuming the applicability of self-defense to such attacks; how do the principles of necessity, proportionality and immediacy affect its application)? Starting with an assessment of the place of ...


The Canary In The Military Justice Mineshaft: A Review Of Recent Sexual Assault Courts-Martial Tainted By Unlawful Command Influence, Mark Visger 2020 Mitchell Hamline School of Law

The Canary In The Military Justice Mineshaft: A Review Of Recent Sexual Assault Courts-Martial Tainted By Unlawful Command Influence, Mark Visger

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe II 2020 United States Marine Corps

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming


The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira 2020 Claremont Colleges

The European Union Military: A Debate On The Need For A Common Defense Mechanism, Gonzalo Secaira

CMC Senior Theses

In a region affected by death and destruction brought on by two devastating world wars, the European Union has held peace and economic stability as its primary objective. Since its creation, the EU has expanded both in size and scope, becoming on the largest economic global actors in the world. In recent years, the EU has looked towards expanding its competencies to include common security and defense policies. Efforts on behalf of the EU to further integrate EU members have faced mixed reactions and opposition. One of these policies, the funding, and implementation of a European Union military has been ...


Bent Nose Row, Joe Maslanka 2020 Virginia Commonwealth University

Bent Nose Row, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young man joins a boxing club and learns some hard lessons about the world.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


What Was He Thinking, Jack Frazer 2020 Virginia Commonwealth University

What Was He Thinking, Jack Frazer

Mighty Pen Project Anthology & Archive

A law enforcement negotiator tries to make sense of the aftermath of a failed negotiation.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


Discovery, Kathleen Harrison 2020 Virginia Commonwealth University

Discovery, Kathleen Harrison

Mighty Pen Project Anthology & Archive

A Marine reflects on the cyclic nature of mental health through her experience with depression and recovery.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


Going Ashore In Thule, David Schlitz 2020 Virginia Commonwealth University

Going Ashore In Thule, David Schlitz

Mighty Pen Project Anthology & Archive

A Coast Guard member aboard The Westwind recounts his team’s adventures during the summer of 1961 in Thule.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


Reflections On Now And Then, Jack Frazer 2020 Virginia Commonwealth University

Reflections On Now And Then, Jack Frazer

Mighty Pen Project Anthology & Archive

Jack Frazer juxtaposes past and present in a poem reflecting on his experience, losses, and consequences of the Vietnam War.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


Homecoming, Claes Tholand 2020 Virginia Commonwealth University

Homecoming, Claes Tholand

Mighty Pen Project Anthology & Archive

A young Navy SK3 experiences his last mission before coming home to a country with very different opinions about his service.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


Peep Show, Joe Maslanka 2020 Virginia Commonwealth University

Peep Show, Joe Maslanka

Mighty Pen Project Anthology & Archive

An Army veteran reaches out to protect the younger generation when a teen wanders into an adult video shop.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


Moaner, David Aldridge 2020 Virginia Commonwealth University

Moaner, David Aldridge

Mighty Pen Project Anthology & Archive

Every unit in the military has one of these, it seems, the constant complainer. This one in Vietnam learned a tough lesson.

This piece was written by a student of the Mighty Pen Project. The Mighty Pen Project is an organization based in Richmond, Virginia, that offers a classroom experience for veterans to learn how to write and, if they so choose, share their own stories.


Contemporary Practice Of The United States Relating To International Law (114:1 Am J Int'l L), Jean Galbraith 2020 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (114:1 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the January 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.


An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig 2020 Dalhousie University Schulich School of Law

An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig

Articles, Book Chapters, & Blogs

Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only 1 soldier has ...


Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam 2019 Brooklyn Law School

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing ...


Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy 2019 Brooklyn Law School

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war ...


Book Review: Hitler’S Atrocities Against Allied Pows: War Crimes Of The Third Reich, Timothy Heck 2019 King's College, London

Book Review: Hitler’S Atrocities Against Allied Pows: War Crimes Of The Third Reich, Timothy Heck

Genocide Studies and Prevention: An International Journal

Hitler’s Atrocities Against Allied PoWs cannot be regarded as an academic study of the fate awaiting captured Allied servicemen and women. Its narrow focus, socio-political goal, and limited engagement with the historiography prevent it from serving as more than a survey text or springboard. Chinnery attempts to tie the individual fates to a larger argument that the German armed forces and their security force compatriots were systematically responsible for the abuses described in the book. While the individual cases are compelling and some have a clear connection to explicit policies, the book does not succeed in linking its other ...


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