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Parameters Spring 2021, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Celebrating 50 Years, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Transforming The Us Army For The Twenty-First Century, Nora Bensahel

The US Army War College Quarterly: Parameters

No abstract provided.

Are Us Civil-Military Relations In Crisis?, Rosa Brooks

The US Army War College Quarterly: Parameters

No abstract provided.

Targeted Economic Sanctions In Light Of The Hong Kong Autonomy Act And U.S.-China Tensions, Elizabeth Peters

North Carolina Banking Institute

No abstract provided.

Are Human Rights Violations Finally Bad For Business? The Impact Of Magnitsky Sanctions On Policing Human Rights Violations, Adam Gomes-Abreu

Journal of International Business and Law

No abstract provided.

An International Legal Consideration Of The Issues On Lethal Autonomous Weapons Systems Including Nanomachine: A Perspective Of International Law Studies In Japan, Hiroshi Saito

Japanese Society and Culture

This paper aims to explore the legal issues on the use of Lethal Autonomous Weapons Systems (LAWS). This study is based on the recent research trend in Japan regarding studying the relationships between the international humanitarian law and the international law of human rights. The paper seeks to apply the integration theory to the relationship of both laws. As a result, this idea can pave the way for suppressing the usage of LAWS in future armed conflicts. Since the use of LAWS may lead to immense injury to fundamental human rights, it is necessary to adopt the integration theory to …

Diagrammatics And The Proactive Visualization Of Legal Information, Michael D. Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Protection Of Data In Armed Conflict, Robin Geiss, Henning Lahmann

International Law Studies

This article presents a novel way to conceptualize the protection of data in situations of armed conflict. Although the question of the targeting of data through adversarial military cyber operations and its implications for the qualification of such conduct under International Humanitarian Law has been on scholars’ and states’ radar for the last few years, there remain a number of misunderstandings as to how to think about the notion of “data.” Based on a number of fictional scenarios, the article clarifies the pertinent terminology and makes some expedient distinctions between various types of data. It then analyzes how existing international …

Legal Reviews Of War Algorithms, Tobias Vestner, Altea Rossi

International Law Studies

States and scholars recognize legal reviews of weapons, means or methods of warfare as an essential tool to ensure the legality of military applications of artificial intelligence (AI). Yet, are existing practices fit for this task? This article identifies necessary adaptations to current practices. For AI-enabled systems that are used in relation to targeting, legal reviews need to assess the systems’ compliance with additional rules of international law, in particular targeting law under international humanitarian law (IHL). This article discusses the procedural ramifications thereof. The article further finds that AI systems’ predictability problem needs to be addressed by the technical …

Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel

Duke Law & Technology Review

The 9/11 terrorist attacks brought on financial losses that caused insurers and Congress to reevaluate how the United States approaches terrorism risk coverage. Congress quelled concerns of insurers evading coverage of future terrorist attacks by enacting the Terrorism Risk Insurance Act in 2002. This Note considers the difficulties presented by the out-of-date language employed by Congress in 2002 and proposes amendments so that the Act more clearly covers acts of cyberterrorism, which are ever-growing in their destructive potential.

This Is Minnesota: An Analysis Of Disparities In Black Student Enrollment At The University Of Minnesota Law School And The Effects Of Systemic Barriers To Black Representation In The Law, Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

Lawyers often occupy powerful positions in our society and can have a profound impact in designing and changing laws, influencing major policy regimes, and leading cities and communities. Further, the law is often lauded as a method to promote a system of justice and fairness. But for too long, the law has enforced a system of justice based in White supremacy and oppression. Laws were designed and implemented to steal land from indigenous communities, to enslave and oppress Africans, and to force Japanese-Americans into internment camps, amongst many other atrocities. To this day, the law is used to both expand …

Divergent Strategies: A Legal History Of The Wto’S National Security Exception In The Context Of A Globalized Economy, 1983-2019, William J. Gardner Jr.

University of Miami International and Comparative Law Review

This student note provides a legal history of the World Trade Organization’s (WTO) adjudication of “national security” disputes under Article XXI of the General Agreement on Tariffs and Trade (GATT). The skeptical German historian Oswald Spengler noted, “History is direction—but Nature is extension—ergo everyone gets eaten by a bear.” Tracing the history of landmark GATT and WTO decisions from the 1983 US—Trade Measures Affecting Nicaragua case, this note weaves through the WTO’s relatively consistent reluctance to engage in domestic policy, detailing the WTO’s massive deviation from that policy in the 2019 Russia—Measures Concerning Traffic in Transit case. In doing so, …

Social Media User Relationship Framework (Smurf), Anne David, Sarah Morris, Gareth Appleby-Thomas

Journal of Digital Forensics, Security and Law

The use of social media has spread through many aspects of society, allowing millions of individuals, corporate as well as government entities to leverage the opportunities it affords. These opportunities often end up being exploited by a small percentage of the user community who use it for objectionable or unlawful activities; for example, trolling, cyber bullying, grooming, luring. In some cases, these unlawful activities result in investigations where swift retrieval of critical evidence required in order to save a life.

This paper presents a proof of concept (PoC) framework for social media user attribution. The framework aims to provide digital …

Diminishing Global Power, Downgrading Human Rights: Making Sense Of American Foreign Policy Under Donald Trump, Timothy M. Gill

Societies Without Borders

President Donald Trump has generated much confusion concerning his foreign policy approach, and he has often displayed contradictory positions on an array of issues. Trump has, for example, praised authoritarian leaders in Eastern Europe, but condemned them in Latin America. The purpose of this paper is to make sense of Trump’s foreign policy approach, and its novelties and continuities, by putting his administration into comparative-historical focus alongside Bush II and Obama. I analyze their foreign policy approach by using Michael Mann’s IEMP model of power to draw out their distinctive qualities. Similar to Mann’s own analysis of Bush II, I …

Ukraine V. The Russian Federation: Navigating Conflict Over Sovereignty Under Unclos, NilüFer Oral

International Law Studies

Following Russia’s annexation of Crimea in 2014, or according to Russia, its accession following a referendum, Ukraine brought several international cases against the Russian Federation, including two cases under Annex VII of UNCLOS: The Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait in 2016 and The Detention of Three Ukrainian Naval Vessels in 2019. At the center of these disputes is the conflict between Ukraine and Russia over sovereignty of Crimea. Russia contested jurisdiction in all cases invoking different exceptions under UNCLOS, including the argument that the dispute concerns sovereignty over Crimea and …

The Globalization Of Hate: Are Domestic Terrorism Laws Sufficient To Quell New Threats From Alt-Right Lone-Wolf Extremists?, Jason J. Sullivan-Halpern

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Refusing To Concede The Election: Defending Democracy By Expanding The G7 Rapid Response Mechanism, Taylor Hayes

Penn State Journal of Law & International Affairs (2012 - Present)

The past decade is rife with examples of actions by nefarious groups to improperly interfere in democratic elections around the world, and it is time that democratic nations band together to effectively combat these interference efforts. More than two dozen nations around the world have fallen victim to some form of election interference. The United States and its allies have traced many of these interference campaigns to state actors, particularly the Russian government.

In 2018, the Group of Seven (G7) announced the creation of a Rapid Response Mechanism (G7 RRM). The aim of the G7 RRM is to limit the …

Defeat But Not Ignominy: The New Orleans Afro-Creoles Behind Plessy V. Ferguson, Paul Kinny

Undergraduate Research (Journal)

No abstract provided.

The Facets Of Transitional Justice And 'Red Terror' Mass Trials Of Derg Officials In Post-1991 Ethiopia: Reassessing Its Achievements And Pitfalls, Kinkino Kia Legide

Journal of African Conflicts and Peace Studies

At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. …

On American Demagoguery To National Security, Jennifer Brumfield

University of Cincinnati Law Review

No abstract provided.

Resolutions Without Resolve: Turning Away From Un Security Council Resolutions To Address Conflict-Related Sexual Violence, Emma K. Macfarlane

Michigan Journal of Gender & Law

In 2008, the United Nations first recognized rape as a war crime with the passage of U.N. Security Council Resolution 1820. Since then, the fight against conflict-related sexual violence has become a frequent subject of Security Council Resolutions. But what, if anything, has changed? Wartime sexual violence is still prevalent today and shows no signs of slowing down. This Note argues that Security Council Resolutions are not an effective method to prevent conflict-related sexual violence. The procedural weaknesses in passing Security Council Resolutions and the structure of the Security Council itself may do more harm than good to the efforts …

Differentiating The Corporation: Accountability And International Humanitarian Law, David Hughes

Michigan Journal of International Law

Corporations are significant global actors that are continuing to gain international legal status. Regulatory efforts have closely followed persistent claims that various forms of corporate activity are adversely affecting individual welfare and societal objectives. Such observations are perhaps most acute during instances of armed conflict. The history of corporate misdeeds occurring within or contributing to the perpetuation of warfare is now well-documented. However, the relationship between international humanitarian law—the legal field governing the conduct of war—and corporations receives less attention than other areas of international law where the treatment of business entities have made important advancements. This article considers the …

Counterterrorism In The Philippines: Review Of Key Issues, Ronald U. Mendoza, Rommel Jude G. Ong, Dion Lorenz L. Romano, Bernadette Chloe P. Torno

Ateneo School of Government Publications

Terrorism has taken root in almost all corners of the world with terrorist organizations thriving in both rich and poor countries. In the Philippines, the Human Security Act of 2007 came into force to address the threat of terrorism to the national security of the country. However, the law has never been fully utilized. To provide law enforcers with a stronger legal measure to address acts of terrorism in the country, President Duterte certified a new Anti-Terrorism Bill as urgent, with Congress adopting the Senate version and approving it in the shortest time possible. Despite opposition from various sectors and …

The Palestinian Refugee Regime: Tensions Between The Collective Right Of Return And Individual Rights, Shatha Oqab Abdulsamad

Theses and Dissertations

Since their initial displacement in 1948, the United Nations had devised a special temporary refugee regime for Palestinians, distinct from the international refugee regime. The distinct regime was structured in order to acknowledge Palestinian displacement as a result of a deliberate policy of state building by Israel as a national home for Jewish people in Palestine, as well as the effect of the United Nations Partition Plan. Premised as different from other refugee problems, the distinct regime devised for Palestinians was intended to be temporary, pending a final settlement that ensures their repatriation. The temporality and structure of the distinct …

Welfare Queens And Work Requirements: The Power Of Narrative And Counter-Narrative, Nick Burns

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Command Accountability For Ai Weapon Systems In The Law Of Armed Conflict, James Kraska

International Law Studies

The use of artificial intelligence (AI) in weapon systems enhances the ability of operational forces to fuse multispectral sensors to understand the warfighting environment, positively identify, track, and select targets, and engage them with the most appropriate effects. The potential for AI to help close the “kill chain” has raised concern that this creates a gap in accountability between the decisions of humans and the acts of machines, with humans no longer accountable for decisions made during armed conflict. This study suggests that there is no gap because the military commander is always directly and individually accountable for the employment …

Israel’S Perspective On Key Legal And Practical Issues Concerning The Application Of International Law To Cyber Operations, Roy Schöndorf

International Law Studies

The speech given by the Israeli Deputy Attorney General (International Law) at the Naval War College’s event on “Disruptive Technologies and International Law” sets out, for the first time, Israel’s position on the application of international law to cyber operations. Consistent with the position taken by the vast majority of States thus far, Israel considers that international law applies to such operations. The speech stresses that questions pertaining to the identification and application of relevant legal rules remain, given the profound differences between the cyber domain and traditional domains of warfare—land, sea, and air. Therefore, in Israel’s view, a cautious …

Encirclement, Deprivation, And Humanity: Revising The San Remo Manual Provisions On Blockade, Tom Dannenbaum

International Law Studies

Among the most pernicious trends in contemporary armed conflict is the return of mass starvation in war, in some cases as its primary source of human suffering. This has prompted a renewed focus on the relevant rules of international humanitarian law (IHL). On some issues, there is relative consensus. On the issue of deprivation by encirclement, however, there is confusion.

Some have questioned whether the prohibition on the starvation of civilians as a method of warfare applies to encirclements at all, particularly in the naval context. Others have interpreted the prohibition vanishingly narrowly. In contrast to the more extreme of …

Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito

International Law Studies

Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …