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

Military, War, and Peace Commons

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

2,738 Full-Text Articles 1,982 Authors 992,810 Downloads 149 Institutions

All Articles in Military, War, and Peace

Faceted Search

2,738 full-text articles. Page 6 of 73.

Niac Nonsense, The Afghan War, And Combatant Immunity, Jordan J. Paust 2017 University of Houston

Niac Nonsense, The Afghan War, And Combatant Immunity, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


The Constitution And National Security, Erwin Chemerinsky 2017 Selected Works

The Constitution And National Security, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky 2017 Selected Works

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky 2017 Duke Law School

Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


War's Children, Julie Niejadlik 2017 Union College - Schenectady, NY

War's Children, Julie Niejadlik

Honors Theses

When one thinks of war, one does not often think of children. Images of Navy SEALS in camouflage tanks and the desert may come to mind when thinking of modern war. Those of Pearl Harbor, the Allied Forces, and Hitler may arise when thinking of war in a more historical sense. In the mind of the civilian children and the key role that they play in armed conflict rarely surfaces. In this thesis, I will address the function of children in war by arguing that their assumed innocence, as well as their assumed status as a "child" makes them easily ...


An Economic Analysis Of Civil War: How Constitutions And Ethnic Diversity Impact Internal Conflict, Zachary Roth 2017 Union College - Schenectady, NY

An Economic Analysis Of Civil War: How Constitutions And Ethnic Diversity Impact Internal Conflict, Zachary Roth

Honors Theses

This thesis explores the connection between ethnic diversity and constitutional structures on the incidence of civil war. The following paper will bridge the gap between existing economic literature on constitutions and the existing work on civil wars. The main economic theory behind civil war is a cost-benefit analysis. Costs of civil wars include raising an army supporting the army economic losses due to conflict and the lives lost in the fighting itself while the main benefit is the gains of governing. The other main economic theory to civil war is game theory exploring how the two sides engaging in civil ...


Interpretation Catalysts In Cyberspace, Rebecca Ingber 2017 Boston University

Interpretation Catalysts In Cyberspace, Rebecca Ingber

Faculty Scholarship

The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making body to take a ...


Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag LLP 2017 Boston University School of Law

Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp

Faculty Scholarship

Amici curiae, legal experts in international and constitutional law, believe that a majority of the en banc panel in Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016) (en banc), mistakenly affirmed Ali Hamza Ahmad Suliman al Bahlul’s conviction by a military commission for a non-international war crime. The main concurring opinion in that case misconceived how international law defines the jurisdiction of law-of-war military commissions. As amici argue below, it is the Constitution—not international law—that limits the jurisdiction of lawof-war military commissions.


Revolutionary Disobedience, Philip K. Y. Lau 2017 Barry University School of Law

Revolutionary Disobedience, Philip K. Y. Lau

Barry Law Review

Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it ...


The Role Of Federalism In International Law, Edward L. Rubin 2017 Vanderbilt University

The Role Of Federalism In International Law, Edward L. Rubin

Boston College International and Comparative Law Review

Because federalism grants partial autonomy to subunits of a nation, it has potentially broad implications for the prevailing system of international law, which is centered around the integrity of nation states. Military intervention in the internal affairs of a nation to protect human rights or combat terrorist activity might be regarded as more justifiable if the people being protected are members of a federalized subunit. Alternatively, foreign nations may feel more justified in establishing trade or cultural relations with a subunit of a nation, over objections by the nation’s government, if the subunit has federalized status. In other words ...


The Legacy Of Srebrenica: Potential Consequences Of Reducing Liability For Troop Contributing Countries In Modern Un Peacekeeping Operations, Kelsey Gasseling 2017 Boston College Law School

The Legacy Of Srebrenica: Potential Consequences Of Reducing Liability For Troop Contributing Countries In Modern Un Peacekeeping Operations, Kelsey Gasseling

Boston College International and Comparative Law Review

In 2014 the District Court of The Hague returned its decision in a case concerning peacekeeper (Dutchbat) wrongdoing during the 1995 massacre at Srebrenica, Bosnia-Herzegovina. The district court dismissed the UN as party to the suit, basing this decision on the organization’s statutory immunity from prosecution. As a basis for holding the Netherlands liable for Dutchbat’s actions, the district court utilized the effective control standard. This standard triggered liability for conduct undertaken either under direct order from Dutch officials, or in violation of the mission mandate. The district court strictly interpreted effective control, concluding the Netherlands was liable ...


Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell 2017 University of Essex

Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell

International Law Studies

Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the ...


Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft 2017 Duke Law

Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft

Duke Law & Technology Review

Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.


With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick 2017 Roger Williams University

With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick 2017 Roger Williams University School of Law

Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston 2017 College of William & Mary Law School

Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston

William & Mary Bill of Rights Journal

No abstract provided.


Space Weapons And The Law, Bill Boothby 2017 U.S. Naval War College

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and ...


A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr 2017 Liberty University

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem ...


Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller 2017 College of the Holy Cross

Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller

Political Science Student Scholarship

This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.


Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. von der Dunk 2017 University of Nebraska-Lincoln

Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program Faculty Publications

Global Navigation Satellite Systems (GNSS), obviously, make crucial use of satellites operating in an area commonly known as “outer space,” raising issues regarding which specific body of law might rule the operations of such satellite systems. Though the “horizontal” boundary between outer space and the underlying area of airspaces has never been authoritatively defined, it has generally been agreed that those two areas differ fundamentally as to the legal regimes ruling them, giving rise indeed to a specific body of “space law.”


Digital Commons powered by bepress