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Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio 2016 Cleveland State University

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Milena Sterio

Ahmad Al Faqi Al Mahdi, also known as Abou Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes for intentional attacks against ten religious and historic buildings and monuments. All the buildings that Al Mahdi was charged with attacking had been under UNESCO protection and most had been listed as world heritage sites.

The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian ...


Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik 2016 St. Louis University

Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim McCormack 2016 U.S. Naval War College

Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack

International Law Studies

Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a ...


The Korean War Through The Eyes Of Ray Deweese, Yulissa y. lara 2016 Southern Adventist Univeristy

The Korean War Through The Eyes Of Ray Deweese, Yulissa Y. Lara

Korean War

Ray DeWeese was born in Cleveland, TN on May 10, 1928 and has lived in Cleveland most of his life. He enlisted in the Marine Corps at 17 years old and fought towards the end of World War II and went off to be a pilot and officer during the Korean War. This interview depicts Mr.DeWeese’s experience during World War II but digs deeper into the difficulty of being a pilot during the brutal Korean War. As Mr. DeWeese recounts his traumatic experience he emphasizes how his diligent training, hardworking comrades, and his Faith in God got him ...


Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter 2016 USAF

Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter

Space Traffic Management Conference

Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic ...


The Conflict In Syria: Should The United States Get More Involved?, Jacob Peoples 2016 Eastern Kentucky University

The Conflict In Syria: Should The United States Get More Involved?, Jacob Peoples

Posters-at-the-Capitol

The purpose of this research is to explore the relations between Syria, Russia, and the United States in the Syrian civil war. The relationship has been in turmoil because of the complexities of the situation. Syria has been a designated state sponsor of terrorism since December 29, 1979, five years before the next designated state of Iran. Syria is a very important and strategic country and now more than ever has a large risk of being completely overrun by the newest terrorist group ISIS. The turmoil is possibly stemming initially from the result of a failed 1957 Central Intelligence Agency ...


Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner 2016 U.S. Naval War College

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their ...


Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies 2016 Roger Williams University School of Law

Newsroom: Margulies Cited On Military Commissions 11-04-2016, Peter S. Margulies

Life of the Law School (1993- )

No abstract provided.


The Common Law Of War, Jens David Ohlin 2016 College of William & Mary Law School

The Common Law Of War, Jens David Ohlin

William & Mary Law Review

In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a ...


Setting Precedents For A Nation On Trial: Selection Of Defendants For The International Military Tribunal At Nuremberg, Delia Root 2016 Murray State University

Setting Precedents For A Nation On Trial: Selection Of Defendants For The International Military Tribunal At Nuremberg, Delia Root

Honors College Theses

The International Military Tribunal in Nuremberg, commonly known as the Nuremberg Trials, is credited with indictment of the major Nazi war criminals of the Second World War. But, were all of the individuals who were indicted in 1945 actually major war criminals? Or, were they minor war criminals who happened to be more well-known? Through the use of historical and legal means, my research looks to why the twenty-four defendants were chosen to be indicted in an era which hosts scores of persons who could be labelled major war criminals. Reasons including the groups that these defendants were connected with ...


The D.C. Circuit’S En Banc Decision In Bahlul: Sui Generis Or Guidance For Future Military Commissions?, Peter Margulies 2016 Roger Williams University School of Law

The D.C. Circuit’S En Banc Decision In Bahlul: Sui Generis Or Guidance For Future Military Commissions?, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Desert And Avoidability In Self-Defence, François Tanguay-Renaud 2016 Osgoode Hall Law School of York University

Desert And Avoidability In Self-Defence, François Tanguay-Renaud

François Tanguay-Renaud

Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives ...


Partners And Legal Pitfalls, Brian Finucane 2016 U.S. Naval War College

Partners And Legal Pitfalls, Brian Finucane

International Law Studies

Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.


The Soul Of The Drone Operator: The Place Of The Cardinal Virtues In Drone Warfare, Lazarus Ejike Onuh 2016 Providence College

The Soul Of The Drone Operator: The Place Of The Cardinal Virtues In Drone Warfare, Lazarus Ejike Onuh

Theology Graduate Theses

Contents

Acknowledgements

List of Abbreviations

Introduction

Chapter

  1. The Value of Human Life and the Paradox of War
  2. The Nuts and Bolts of Drones
  3. The Moral Landscape of Drone Warfare and Its Implication on the Just War Theory
  4. The Cardinal Virtues and the Drone Operator
  5. The Victimhood of the Drone Operator
  6. Beyond Moral Injury; Soul Wound and Repair

Conclusion

Bibliography


Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts 2016 William & Mary Law School

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Publications

No abstract provided.


The Complex Combatant: Constructions Of Victimhood And Perpetrator-Hood In Gulu District, Northern Uganda, Kyra Fox 2016 SIT Study Abroad

The Complex Combatant: Constructions Of Victimhood And Perpetrator-Hood In Gulu District, Northern Uganda, Kyra Fox

Independent Study Project (ISP) Collection

In the wake of the Lord’s Resistance Army (LRA) conflict in Northern Uganda, both the local and international community struggle to define the “victims” and “perpetrators” of a conflict that transformed ordinary civilians into combatants. Made up primarily of child soldiers, the LRA forcefully abducted and conscripted children across Northern Uganda to fight in a guerilla war against the Ugandan government. LRA members were forced to murder their own families and terrorize their home villages in an attempt to disorient and desensitize them to lives of violence. Some became willing, even eager fighters; others struggled daily to live with ...


Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond 2016 Northwestern University School of Law

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to ...


Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao 2016 Fowler School of Law, Chapman University

Currency Wars And The Erosion Of Dollar Hegemony, Lan Cao

Michigan Journal of International Law

This Article examines how and why the dollar is being challenged. Part I provides a brief history of the U.S. dollar, showing how it has evolved from something with intrinsic value to something that has no intrinsic value, except via government fiat. Part I traces the evolution of money in the United States, from its original foundation in commodities and gold and silver coins, to the creation of money via Federal Reserve notes which function as money substitutes, that is, paper instruments that represent gold and silver and presumably can be converted into real money. The aim of Part ...


Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong 2016 Bucknell University

Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong

Faculty Journal Articles

This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural habit Yến Lê Espiritu dubs the “we-win-even-when-we-lose-syndrome.” Lai’s novel, by contrast, represents a new generation of Vietnamese American texts that find narrative possibilities outside the teleology of the grateful refugee, in part by challenging a hegemonic visual culture that has rendered refugees frequently seen but seldom heard. Refugee narratives stemming from the Vietnam War continue to find an eager audience, as they prime the social imaginary to make sense of the newest US wars; the article concludes by analyzing echoes of the sentimental rescue-and-gratitude narrative in media coverage of the recent Iraq War and its refugees.


Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty 2016 Duke Law

Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty

Duke Law & Technology Review

Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from ...


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