An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, 2018 College of William & Mary Law School
An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger
William & Mary Environmental Law and Policy Review
No abstract provided.
Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), 2018 University of Pennsylvania Law School
Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith
This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.
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Humanitarianism As A Weapons System, 2018 Georgetown University Law Center
Humanitarianism As A Weapons System, David Luban
Georgetown Law Faculty Publications and Other Works
One important theme in Rosa Brooks’s How Everything Became War and the Military Became Everything is that in Iraq and Afghanistan the United States has increasingly given the military reconstruction tasks that seem more like civilian jobs. This is part of the pivot to a “hearts-and-minds” counter-insurgency strategy; but in larger part it reflects our great trust in our military and diminishing trust in civilian government. The result is a vicious circle: As resources shift from civilian agencies to the military doing similar jobs, the civilian agencies become less effective, which seems to vindicate the judgment that the military ...
The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, 2018 College of William & Mary Law School
The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, Eric R. Carpenter
William & Mary Bill of Rights Journal
Sergeant Bowe Bergdahl and Private First Class Bradley (now Chelsea) Manning have something in common. Military officials unlawfully closed all or portions of their preliminary hearings to the public. When doing so, military officials exploited two unusual features of the military justice system, thereby denying the accused and the media of their respective Sixth Amendment and First Amendment rights to a public hearing.
The first feature is that the military justice system does not include a standing trial-level court. If there is a problem at the preliminary hearing, the accused and media have nowhere to go for help. The accused ...
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, 2018 University of Pennsylvania Law School
Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt
What best explains how “Everything Became War and the Military Became Everything?”— the provocative title of a recent book by Professor Rosa Brooks of Georgetown Law. In this Essay, I turn to the Department of Defense’s (DoD) unique agency design as the vehicle to address this question. Specifically, I first describe and analyze the role that the 1947 National Security Act and 1986 Goldwater-Nichols Act play in incentivizing organizational behavior within the DoD. These two Acts have broad implications for national security governance. Relatedly, I address the consequences of these two core national security laws, focusing on the rise ...
Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, 2018 University of Maine School of Law
Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, Donald N. Zillman
Maine Law Review
This Essay examines the consequences of the growing decline in the number of military veterans in positions of leadership in the federal government, most particularly in the United States Congress. In its visible form, this issue has given rise to popular debate in the last three presidential elections. Did Dan Quayle pull strings to get a safe post in the Indiana National Guard to avoid Vietnam service? Did Bill Clinton improperly evade the draft during Vietnam? Were veterans George Bush or Bob Dole better qualified to be President because of their combat service in World War II? In its less ...
Is It Just Dessert? Female Recruits Don't Get Their Fair Share Of The Pie: The Marine Corps Fights Gender Integration Of Basic Training, Violating Equal Protection Standards And Cultivating A Culture Where Female Recruits Are Left Out Of The "Brotherhood", 2018 University of Minnesota Law School
Is It Just Dessert? Female Recruits Don't Get Their Fair Share Of The Pie: The Marine Corps Fights Gender Integration Of Basic Training, Violating Equal Protection Standards And Cultivating A Culture Where Female Recruits Are Left Out Of The "Brotherhood", Maria Brekke
Law & Inequality: A Journal of Theory and Practice
No abstract provided.
The Law (?) Of The Lincoln Assassination, 2018 Georgetown University Law Center
The Law (?) Of The Lincoln Assassination, Martin S. Lederman
Georgetown Law Faculty Publications and Other Works
Shortly after John Wilkes Booth killed Abraham Lincoln on April 14, 1865, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court that was open for business just a few blocks from Ford’s Theater. Johnson’s decision implicated a fundamental constitutional question that was a subject of heated debate throughout the Civil War: When, if ever, may the federal government circumvent Article III’s requirements of a criminal trial by jury, with an independent, tenure-protected presiding judge, by trying individuals other than members of the armed ...
Reimagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Humanitarian Law And International Criminal Law, Anaise Muzima
Western Journal of Legal Studies
This paper calls for a clarification of the law and a re-evaluation of the status of children who are participating in hostilities by highlighting that any fruitful debate on child soldiers needs to go beyond the binary and limited discussion on whether such children are merely victims or perpetrators. The author focuses on the principles defined by International Humanitarian Law and International Criminal Law as to the distinction between “direct” and “active” participation to hostilities and argues that such distinction is ambiguous and inapplicable to the specific context of child soldiering. This paper concludes by emphasizing the necessity to reimagine ...
Tracing The American State Of Exception From The George W. Bush, Barack Obama, And Donald Trump Presidencies, Arthur Percy Sherwood
Western Journal of Legal Studies
The state of exception has come to weaken the rule of law; that is, it has enabled the sovereign to not only increase its political power but to suspend the law itself. This investigation demonstrates how the post–9/11 state of exception (or of emergency, necessity, or martial law) is increasingly used as the basis of contemporary American governance. This form of governance has been intensified since 9/11 by suspending normal rules and procedures and replacing them with extrajudicial measures that unduly jeopardize fundamental freedoms. The first section develops a framework for the state of exception that draws ...
Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, 2018 University of Florida Levin College of Law
Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, Samuel Alexander
Florida Law Review
A “double-tap” drone strike involves bombing a target, waiting a period of five to twenty minutes, often during which first responders arrive, and then bombing the target a second or even third time. This Note argues that such attacks, by virtue of their indiscriminate nature, are likely serious violations of Common Article 3 of the Geneva Conventions of 1949, which prohibits targeting civilians, the wounded, or those placed hors de combat. Thus, such attacks are likely war crimes under international law and under the War Crimes Act of 1996, a U.S. law that criminalizes carrying out, or ordering to ...
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, 2018 University of Maine School of Law
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Maine Law Review
After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as ...
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, 2018 College of William & Mary Law School
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn
William & Mary Law Review
Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S ...
The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, 2018 University of Michigan Law School
The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi
The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our ...
Silent War: Applicability Of The Jus In Bello To Military Space Operations, 2018 University of Exeter
Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák
International Law Studies
There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of law ...
Technical Fouls: Adjudicating Statutory Violations With Equitable Resolutions, 2018 Boston College Law School
Technical Fouls: Adjudicating Statutory Violations With Equitable Resolutions, Antonio G. Fraone
Boston College Environmental Affairs Law Review
In Weinberger v. Romero-Barcelo, the United States Supreme Court allowed for an equitable resolution to a lawsuit seeking immediate enforcement, by injunction, of the Federal Water Pollution Control Act (“FWPCA”). In this case, the United States Navy violated the FWPCA by discharging munitions—a pollutant as defined by the statute—during training exercises into the waters surrounding the Island of Vieques. The Navy also failed to obtain a National Pollution Discharge Elimination System permit, which would have made the discharge lawful under the statute. The people of Puerto Rico sought to enjoin the training exercises through the FWPCA. The Navy ...
International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, 2018 University of Miami Law School
International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca
University of Miami Inter-American Law Review
The military actions of an International Coalition and the role of its non-military contributing member States is yet another fundamental example of international practice concerning conflation between jus ad bellum and jus in bello. Although International Law proscribes the use of force in international relations, membership in an International Coalition engaged in military operations does not come without a cost. Non-military contributing member States may be regarded as co-belligerents or neutral States violating the laws of neutrality. This article argues that mere membership in a coalition does not amount to co-belligerency. Nevertheless, it claims that membership could entail a violation ...
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, 2018 University of Pennsylvania Law School
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...
Reflexive Control And Disinformation In Putin's Wars, 2018 University of Colorado at Boulder
Reflexive Control And Disinformation In Putin's Wars, Francis King
Germanic and Slavic Languages and Literatures Graduate Theses & Dissertations
The use of reflexive control (RC) and disinformation in the Russian conduct of kinetic and non-kinetic warfare is evident in conflicts from the Second Chechen War to Russian meddling in the U.S. 2016 presidential election. The original Soviet theory of RC has been refined and expanded into new dimensions of warfare including the concepts of information warfare and cyberwarfare, thus becoming a major weapon of the Russian military in its influence campaigns against the West. The technique of feeding disinformation or selecting the information an opponent receives in order to influence his voluntary decisions has been exploited by Russia ...
Targeted Capture, 2018 Elisabeth Haub School of Law at Pace University
Targeted Capture, Alexander K.A. Greenawalt
Pace Law Faculty Publications
This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human ...