Open Access. Powered by Scholars. Published by Universities.®

Military, War, and Peace Commons

Open Access. Powered by Scholars. Published by Universities.®

2,944 Full-Text Articles 2,127 Authors 992,810 Downloads 158 Institutions

All Articles in Military, War, and Peace

Faceted Search

2,944 full-text articles. Page 5 of 78.

Patterns Of Civilian And Child Deaths Due To War-Related Violence In Syria: A Comparative Analysis From The Violation Documentation Center Dataset, 2011-16, Debarati Guha-Sapir, Benjamin Schluter, Jose Manuel Rodriguez-Llanes, Louis Lillywhite, Madelyn J. Hsiao-Rei Hicks 2018 Université catholique de Louvain

Patterns Of Civilian And Child Deaths Due To War-Related Violence In Syria: A Comparative Analysis From The Violation Documentation Center Dataset, 2011-16, Debarati Guha-Sapir, Benjamin Schluter, Jose Manuel Rodriguez-Llanes, Louis Lillywhite, Madelyn J. Hsiao-Rei Hicks

Open Access Articles

BACKGROUND: Since March, 2011, the Syrian civil war has lowered life expectancy by as much as 20 years. We describe demographic, spatial, and temporal patterns of direct deaths of civilians and opposition combatants from conflict-related violence in 6 years of war.

METHODS: We analysed conflict-related violent deaths with complete information on date, place, and cause of death and demographic group occurring from March 18, 2011, to Dec 31, 2016, recorded by the Violation Documentation Center (VDC). We included civilian and combatant deaths in all Syrian governorates, excluding government-controlled areas. We did not include detainees and missing persons, nor deaths from ...


If War Is Everywhere, Then Must The Law Be Nowhere?, Alexander K.A. Greenawalt 2018 Elisabeth Haub School of Law at Pace University

If War Is Everywhere, Then Must The Law Be Nowhere?, Alexander K.A. Greenawalt

Pace Law Faculty Publications

This response focuses on one of the most difficult questions posed by Rosa Brooks's How Everything Became War and the Military Became Everything: How should the erosion of the war / peace dichotomy impact the justifications for the use of lethal force by the United States government and what, if any, role is there for law in this context? While Brooks is unambiguously critical of Bush administration legal policies that asserted expansive executive war powers, she is less certain about the Obama administration's own reliance on the war paradigm to justify its targeted killing policies. While describing these policies ...


Excavating The Forgotten Suspension Clause, Helen Norton 2018 University of Colorado Law School

Excavating The Forgotten Suspension Clause, Helen Norton

Articles

No abstract provided.


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival 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

Faculty Scholarship at Penn Law

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 ...


Military Accepting Transgender Enlistees, For Now, Arthur S. Leonard 2018 New York Law School

Military Accepting Transgender Enlistees, For Now, Arthur S. Leonard

Other Publications

No abstract provided.


The Duty To Disobey Illegal Nuclear Strike Orders, Anthony J. Colangelo 2018 Southern Methodist University, Dedman School of Law

The Duty To Disobey Illegal Nuclear Strike Orders, Anthony J. Colangelo

Faculty Scholarship

This Article argues there is a legal duty to disobey illegal nuclear strike orders. Failure to carry out this duty may result in criminal and civil liability.Because nuclear weapons are quantitatively and qualitatively different from conventional weapons, typical legal calculations regulating their use under the laws of war or humanitarian law, as well as human rights law, change along with the change in weaponry. At least five “unique characteristics” of nuclear weapons ominously distinguish them from conventional weapons in ways that promise only to increase civilian death and suffering. First, quantitatively, the blast power, heat, and energy generated far ...


Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt 2018 University of Pennsylvania Law School

Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt

Faculty Scholarship at Penn Law

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 ...


Targeted Capture, Alexander K.A. Greenawalt 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 ...


Reflexive Control And Disinformation In Putin's Wars, Francis King 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 ...


Justice Against Sponsors Of Terrorism: Why Suing Terrorists May Not Be The Most Effective Way To Advance United States Foreign Policy Objectives, Drew Watkins 2018 University of Kentucky College of Law

Justice Against Sponsors Of Terrorism: Why Suing Terrorists May Not Be The Most Effective Way To Advance United States Foreign Policy Objectives, Drew Watkins

Kentucky Law Journal

No abstract provided.


Finding Aid To The Collection Of Francis Snow Hesseltine Materials, Colby College Special Collections 2018 Colby College

Finding Aid To The Collection Of Francis Snow Hesseltine Materials, Colby College Special Collections

Finding Aids

This collection contains correspondence, personal documents, manuscripts, and clippings on Francis Snow Hesseltine, Colby class of 1863, a Lieutenant Colonel of the 13th Maine Infantry during the Civil War who received the Congressional Medal of Honor, and who was later an attorney in Georgia, Massachusetts, and Maine. Francis Snow Hesseltine (Colby Class of 1863) was born in Bangor, Maine on December 10, 1833, son of Peter Heald and Sarah Hamlin (Snow) Hesseltine, and died on Feburary 17, 1916, at age 83. He left Waterville College (now Colby College) in April 1861, to enlist as a private. He was elected Captain ...


Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr. 2018 Duke Law School

Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley 2018 Duke Law School

U.S. War Powers And The Potential Benefits Of Comparativism, Curtis A. Bradley

Faculty Scholarship

There is no issue of foreign relations law more important than the allocation of authority over the use of military force. This issue is especially important for the United States given the frequency with which it is involved in military activities abroad. Yet there is significant uncertainty and debate in the United States over this issue — in particular, over whether and to what extent military actions must be authorized by Congress. Because U.S. courts in the modern era have generally declined to review the legality of military actions, disputes over this issue have had to be resolved, as a ...


What's So Great About The Declare War Clause?, Matthew C. Waxman 2018 Columbia Law School

What's So Great About The Declare War Clause?, Matthew C. Waxman

Faculty Scholarship

I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient about many things, but the strategy and politics of war were not among them. Second, modern constitutional critics of an imperial presidency place too much weight on the declare war clause — and especially Madison’s statements about it. Madison, indeed, worried deeply about unchecked presidential war powers. But Feldman’s book shows that Madison did not emphasize the same risks and checks so often ascribed to him today ...


Religious Courts, Donna Litman 2017 Nova Southeastern University - Shepard Broad Law Center

Religious Courts, Donna Litman

Donna Litman

No abstract provided.


Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber 2017 United States Air Force

Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber

Cleveland State Law Review

Discipline is often called “the soul of an army.” If this is so, the United States military seems to be experiencing a spiritual crisis. Article 134 of the Uniform Code of Military Justice (UCMJ) allows commanders to punish acts prejudicial to “good order and discipline,” but the reach of this provision has been increasingly limited in recent years. Appellate courts have repeatedly overturned convictions of conduct charged as prejudicial to good order and discipline, and in recent years, the military’s high court has issued a series of decisions limiting the reach of the UCMJ’s “general article.” Congress has ...


Neutrality And Outer Space, Wolff Heintschel von Heinegg 2017 Europa-Universität Viadrina, Frankfurt (Oder), Germany

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the ...


Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach 2017 Brooklyn Law School

Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach

Brooklyn Journal of International Law

Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council (SC) action establishing an international advisory regime and using the broad powers of the SC to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would ...


From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware 2017 Brandman University

From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware

Dissertations

Purpose: The purpose of this phenomenological study was to describe the perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are transitioning from active duty to civilian life, regarding their participation in the Disabled Transition Assistance Program.

Methodology: The methodology for this research study will be qualitative from a phenomenological perspective. When thinking of research as it pertains to qualitative methods, it is appropriate to use when a researcher is trying to study the lived experiences of individuals (Flipp, 2014; Patton, 2015). This method will describe perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are ...


The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, Dan Cahill 2017 Boston College Law School

The Justice Against Sponsors Of Terrorism Act: An Infringement On Executive Power, Dan Cahill

Boston College Law Review

In the more than sixteen years since September 11, 2001, the United States has resolved, through policy at home and abroad, to vindicate the heroes and victims of that attack. From the creation of the Department of Homeland Security, to the raid that resulted in the death of Osama Bin Laden, the shockwaves of 9/11 have reverberated through America’s domestic and foreign policy ever since. In the only veto override of the Obama presidency, the 114th U.S. Congress brought the Justice Against Sponsors of Terrorism Act (“JASTA”) into force, intending to provide U.S. citizens with a ...


Digital Commons powered by bepress