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University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum

University of Miami National Security & Armed Conflict Law Review

This paper calls on the United States to assess where its true interests lie in evaluating genocide and mass killings. Through an examination of the social and political factors which were paramount in bringing about the atrocities in Cambodia in the late 1970s and Rwanda in the mid-1990s, the U.S. is urged to take heed of the tried-and-true methods used by ruthless regimes throughout history in bringing about the destruction of their own citizenry. Consideration of the psychological imperatives necessary for ordinary men or women to depart from the standard boundaries of civilized society and butcher their neighbors and countrymen …

Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser

University of Miami National Security & Armed Conflict Law Review

In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces——or mercenaries——in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so objectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Geneva Conventions. In Silent Partners, I propose utilizing the norm against mercenary use as a theoretical framework to understand at …

Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Who Decides On Security?, Aziz Rana

Cornell Law Faculty Publications

Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater—not less— executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of "security" has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas …

War Without Violence: Leveraging The Arab Spring To Win The War On Terrorism, Pat Proctor

Journal of Strategic Security

After a decade of war, the United States has failed to eradicate the threat of salafist jihadism. No matter how hard it tries, the United States cannot kill its way to victory in the war on terrorism. Sweeping changes across the Middle East—dubbed the "Arab Spring" by the media—have presented the West with a unique opportunity to pursue an alternative approach. Rather than engaging in war (politics through violence), the United States should engage in mass politics (war without violence) to compel the Arab world to reject the salafist jihadism idea. This article proposes a strategy calibrated to defeat international …

The Youth Bulge In Egypt: An Intersection Of Demographics, Security, And The Arab Spring, Daniel Lagraffe

Journal of Strategic Security

During the Arab Spring, Egyptians revolted against decades of poor governance and failed institutions. A wide range of grievances contributed to the eventual fall of the Mubarak regime, and most of these grievances were influenced by the demographic composition of the Egyptian population. This paper argues that the youth bulge in Egypt played a major role in the political transition and as such serves as the prime example of the intersection of demographics, security, and the Arab Spring.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

The Impact Of The Arab Spring On Islamist Strategies, Ioana E. Matesan

Journal of Strategic Security

The revolutions in Tunisia and Egypt created a contagion effect that inspired a series of uprisings by sending two signals: first, that even entrenched authoritarian regimes are vulnerable; and second, that nonviolent tactics can be effective in bringing about dramatic political changes. Subsequent developments, especially in Libya and Syria, convoluted these messages. Nonetheless, the political openings and the electoral victory of Islamists in Egypt and Tunisia continue to send the signal to many Islamist opposition groups that nonviolent means and participation in politics can be effective ways to produce political change. The chance of gaining power through electoral means can …

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …

Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine

University of Miami National Security & Armed Conflict Law Review

This note considers the application of the International Traffic and Arms Regulations (““ITAR””) framework and proposes statutory and policy modifications to promote both national security and industry growth. ITAR is the regulatory framework that controls the export of munitions and defense technologies from the United States. However, as applied, free trade is now grossly over-regulated to such an extent that both significant market share and industry opportunity have been lost and national security itself has simultaneously been threatened. Due to heavy restrictions, many previous industry partners are now looking elsewhere for trade and systematically avoiding the United States for inclusion …

Major League Security: Overcoming Legal Challenges Of Sporting Event Security Systems, Jorge Martinez

University of Miami National Security & Armed Conflict Law Review

This article will discuss emerging threats to major sporting events and suggest methods to defend fans and athletes through strengthening security systems and procedures. One problem with strengthening security systems, however, is that in many cases, increased security means less personal privacy. This article will briefly review security measures that have traditionally been in place, juxtapose newly developed security measures, assess the effectiveness and constitutionality of each measure, and propose a working security system to be used at such events. Ultimately, an ideal security system of the future will have to incorporate developments in various fields and will take time …

Habeas Corpus Outside U.S. Territory: Omar V. Geren And Its Effects On Americans Abroad, John Wright

University of Miami National Security & Armed Conflict Law Review

The contention between habeas corpus rights and national security interests has been ongoing since the ratification of the U.S. Constitution. History proves that this relationship becomes especially precarious during times of conflict, from the U.S. Civil War and continuing through the War on Terrorism, which began in 2001.

This paper focuses on one of the most recent limitations placed on the right of habeas corpus as determined by the federal judiciary: that a writ of habeas corpus will not stay the transfer of a U.S. citizen to a foreign sovereign’’s authorities to face charges for alleged crimes committed within that …

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …

Learning From Libya, Acting In Syria, Caitlin A. Buckley

Journal of Strategic Security

The international community has reached an impasse. The violence committed by Syrian President Assad's government against opposition forces, who have been calling for democratic reform, regime change, and expanded rights, has necessitated a response from the international community. This article explores various ways the international community could respond to the crisis in Syria and the consequences of each approach. It compares the current calamity in Syria to the crisis in Libya and examines the international community's response to the violence perpetrated by Qaddafi's regime. It further analyzes reports, primarily from the UN and news sources, about the ongoing predicament in …

Libya And Resolution 1973: The Law Of Politics, Monica Naime

Journal of Strategic Security

This paper analyzes recent developments in the intervention in Libya from the perspective of international relations and international law. The evidence suggests that states decided to intervene in Libya prior to sanction from the United Nations Security Council's Resolution 1973. The implication from the Libyan example is that politics was the impetus for the formulation and implementation of law, and not the other way around. Law "happens" in a context, and this context is shaped and bounded by international politics. This article is intended to invigorate further research into how international politics influences the creation, interpretation, and application of international …

Confronting The Wizard Of Oz: National Security, Expertise, And Secrecy, David Cole

Georgetown Law Faculty Publications and Other Works

Aziz Rana’s account of the takeover of American national security by experts, and of the public’s acceptance of that state of affairs, offers an important and novel perspective on what ails us in national security today. In this Comment, I suggest that while Rana is correct to identify our deference to experts as a central aspect of the problem, the problem is more complicated. First, the phenomenon of elite control over foreign and security policy questions is not new, but likely dates back to the founding—when elites ruled not based on expertise but on the basis of status, class, and …

Occupy Wall Street And The U.S. Army's 82nd Airborne Division: A Hypothetical Examination Of The Slippery Slope Of Military Intervention During Civil Disturbance, Mckay Smith

McKay Smith

Throughout 2011, the world was an incredibly angry place. The global economy was in disarray. The streets of Tunisia, Egypt, Libya, and Syria had erupted in unprecedented violence. While Americans watched events spiral out of control abroad, a new movement was taking shape domestically. The Occupy movement is a self-described, nonpartisan protest movement targeting economic injustice and social inequality. At its core, however, many domestic protestors also vocally deride the current state of U.S. politics. This article analyzes the Army’s authority to collect information in support of domestic operations, particularly operations aimed at quelling civil disturbance. Historically, the use of …

The Nseers Effect: A Decade Of Racial Profiling, Fear, And Secrecy, Penn State Law Immigrants' Rights Clinic, Rights Working Group

Center for Immigrants' Rights Clinic Publications

n the wake of the tragic attacks of September 11, 2011, the landscape of immigration law and policy in the United States changed dramatically as the government scrambled to create counterterrorism programs to respond to potential national security threats. One program is the National Security Entry-Exit Registration System (NSEERS) or "special registration" that was initiated by the Department of Justice in 2002 and inherited by the Department of Homeland Security in 2003. NSEERS served as a tool that allowed the government to systematically target Arabs, Middle Easterners, Muslims, and South Asians from designated countries for advanced scrutiny. ...The purpose of …