Digital Commons Network^™

Urban Resistance To Occupation: An Underestimated Element Of Land Warfare, Kevin D. Stringer, Jelle J. H. Hooiveld

The US Army War College Quarterly: Parameters

With the world trending toward urbanization, and Russia and China acting aggressively toward Ukraine and Taiwan, respectively, the conduct of irregular warfare in built-up environments—specifically, urban resistance to occupation—merits greater study. The authors’ Dutch-language and primary source research on the Netherlands’ World War II urban resistance to German occupation makes this article unique. It provides deeper insights into the occupation experiences of a highly urbanized, densely populated country in which clandestine underground and auxiliary elements played paramount roles in resistance efforts for most of the occupation period. It also illustrates the feasibility of overt, guerrilla-based activity in urban environments during …

A Call To Action: Lessons From Ukraine For The Future Force, Katie Crombe, John A. Nagl

The US Army War College Quarterly: Parameters

Fifty years ago, the US Army faced a strategic inflection point after a failed counterinsurgency effort in Vietnam. In response to lessons learned from the Yom Kippur War, the United States Army Training and Doctrine Command was created to reorient thinking and doctrine around the conventional Soviet threat. Today’s Army must embrace the Russo-Ukrainian conflict as an opportunity to reorient the force into one as forward-thinking and formidable as the Army that won Operation Desert Storm. This article suggests changes the Army should make to enable success in multidomain large-scale combat operations at today’s strategic inflection point.

Contributor Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2023 issue of Parameters. This issue includes two In Focus special commentaries, a Strategic Challenges forum, a Historical Studies forum, and the SRAD Director’s Corner.

Autumn Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Strategic Importance Of Taiwan To The United States And Its Allies: Part Two – Policy Since The Start Of The Russia-Ukraine War, Luke P. Bellocchi

The US Army War College Quarterly: Parameters

Taiwan has become increasingly important to the United States and its allies as the Russia-Ukraine War has united democracies against authoritarian expansionism and indeed has developed an international democracy-authoritarianism dynamic in global affairs. Part one of this article clearly outlined the geopolitical, economic, and soft-power reasons why Taiwan is strategically important. Part two reviews the development of US and allied policy statements on Taiwan—from the invasion of Ukraine in 2022 to the present—and provides policymakers and military strategists with incremental but realistic recommendations for understanding the current dynamic of the region and fashioning responses to deter further authoritarian aggression.

Parameters Autumn 2023, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Chechen Kadyrovtsy’S Coercive Violence In Ukraine, Wilson A. Jones

The US Army War College Quarterly: Parameters

Russia pioneered exploiting civilian inequalities to maximize military effectiveness in Chechnya, contributing to the Kadyrovtsy blocking detachments observed in Ukraine. Kadyrovtsy, pro-Russian Chechens, are drawn from a unique political order enabling this specialized military role. Military inequality literature typically ignores how minority-ethnic forces often serve in specialized combat roles. Understanding the Chechen Wars, the Kadyrov regime, and living standards in Russia helps explain these minority-ethnic blocking detachments in Ukraine. Analysis of this vital section of Putin’s regime offers actionable recommendations for Western actors to undermine Russian military efforts and identifies the potential risks of those actions.

Us-Russia Foreign Policy: Confronting Russia’S Geographic Anxieties, Caitlin P. Irby

The US Army War College Quarterly: Parameters

The United States must place Russia’s focus on geographic concerns at the center of future strategy development to build a constructive relationship with Russia and achieve US regional goals. This article analyzes Russia’s geography and historical impact on Russian foreign policy, outlines Moscow’s current foreign policy goals, and highlights underlying concerns for US policymakers and military practitioners. By pursuing policies that support Russian goals of economic integration, mitigation of demographic concerns, and security of national borders, the United States can set the foundation for productive engagement on critical issues.

Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck

Pace International Law Review

The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …

Justice Today, Peace Tomorrow: Reinventing The Crime Of Aggression In The Age Of Putin, Braden Kundert

Lincoln Memorial University Law Review Archive

War. One word can conjure up so much: suffering, instability, chaos, destruction, and death. It is no wonder then that many countries have condemned Russia’s invasion of Ukraine. Though many governments have given aid to Ukraine and sanctioned Russia, much of the world has still been somewhat paralyzed, recognizing the danger that Russia’s lawless actions have put the world in, but unable to do anything about it. Now, as talk has turned to war crimes tribunals, it is vital that we remember a critical feature of international criminal law: the crime of aggression.

The crime of aggression, also known as …

Are Handguns A Matter Of Privacy?, Bret N. Bogenschneider

St. Mary's Law Journal

The thesis developed in this Article is that the Heller and Bruen cases involved primarily right-to-privacy concerns. By its terms, the Second Amendment involves the collective right to bear Arms in connection to regulated militia service and does not mention handguns. Handguns were not “ordinary military weapons” employed by a militia at the time of the American revolution under the originalist view. The Ninth and Fourteenth Amendments are more appropriate sources for an individual privacy right related to the possession of handguns for private purposes, such as for self-defense or suicide. However, a prohibition of handguns under this approach would …

Prisoner Of War Status And Nationals Of A Detaining Power, W. Casey Biggerstaff, Michael N. Schmitt

International Law Studies

This article examines whether a Detaining State is obliged to recognize prisoner of war status for its own nationals under Article 4A of the 1949 Geneva Convention III. It begins with an assessment of that article from the perspective of established principles for construing treaty provisions. It then adds context to that assessment by examining relevant scholarship and State practice regarding its prescriptions before and after the Convention’s negotiation and adoption. Although it concludes that denying prisoner of war status to a national of the Detaining Power is the more persuasive interpretation of Article 4A, it concludes by highlighting the …

Judicial Selection That Fails The Separation Of Powers, Stephen Ware

Catholic University Law Review

Executive power should be constrained by checks and balances. The United States’ long and strong tradition of concerns about executive power, and its complementary tradition of Madisonian checks and balances on and to the executive, include the selection of supreme court justices. Neither the U.S. Constitution nor the constitution of any state places solely in the executive the power to appoint a justice to begin a new term on the (federal or state) supreme court. However, several states fail to constrain gubernatorial power in selecting justices to finish a term already started by another justice and these interim appointments are …

The Strategic Use Of Ransomware Operations As A Method Of Warfare, Jeffrey Biller

International Law Studies

This article examines the potential use and legal limitations of ransomware to achieve strategic effects in armed conflicts. Ransomware is defined here as the temporary encryption of data until some pre-condition is met to release the encryption. The article focuses on international law as applicable to a State’s use of ransomware against another State, where both are parties to an existing international armed conflict. The author finds that international humanitarian law does not currently prohibit most uses of ransomware against non-military related targets in armed conflicts. While the encryption of data may be a legal violation when it inhibits the …

Adjusting The Aperture: The International Law Case For Qualifying Unmanned Vessels As Warships, Malgorzata Materna

International Law Studies

A number of stakeholders in the international community have advocated for the establishment of restrictions on the development and acquisition of unmanned vessels capable of contributing to naval warfare. These efforts are often based on the notion that the law did not anticipate the existence and use of unmanned vessels, and therefore the drafters of applicable legal frameworks—including the longstanding international law definition of a “warship”—did not consider them. However, this article evaluates, element by element, how unmanned vessels can, should, and already do meet the requirements for the warship designation under international law, based on a reading compatible with …

Mechanisms To Reduce Cyber Threats And Risks, Saad Alsuwaileh

Journal of Police and Legal Sciences

Addressing the mechanisms of reducing cyber threats and risks Research Because cyberspace is an important arena for various international interactions, especially in recent times in light of the increase in cyber-attacks between some countries, which affects their national security. In this context, many countries are trying to make an effort to develop their capabilities to be used in any cyber-attack, or to take adequate preventive measures to protect them from any possible cyberattacks, especially in light of the impact of these attacks on vital places and institutions such as banks and ministries or on important facilities such as water and …

A Call To Action: Lessons From Ukraine For The Future Force, Katie Crombe, John A. Nagl

The US Army War College Quarterly: Parameters

Fifty years ago, the US Army faced a strategic inflection point after a failed counterinsurgency effort in Vietnam. In response to lessons learned from the Yom Kippur War, the United States Army Training and Doctrine Command was created to reorient thinking and doctrine around the conventional Soviet threat. Today’s Army must embrace the Russo-Ukrainian conflict as an opportunity to reorient the force into one as forward-thinking and formidable as the Army that won Operation Desert Storm. This article suggests changes the Army should make to enable success in multidomain large-scale combat operations at today’s strategic inflection point.

The Possible Worlds Of Economic Sanctions, J. Benton Heath

Georgia Journal of International & Comparative Law

No abstract provided.

Gender In Cultural History: Gender And Education, Dimitra Kalodimou, Maria Kapalika

Journal of Research Initiatives

The position of women in the oldest societies has often occupied the scientific community, which is a great reason to study it. Today's societies put tremendous effort into highlighting the importance of women's contribution. In this text, we will deal with the position of women in the recording of history, with women’s presence within the historical sources as well as the roles held in family business and education. In addition, the gradual changes regarding women's recovery in society will be presented and highlighted. The first steps to improve women's image started in Europe and continued worldwide. The critically studied articles …

Playing The Long Game: The Role Of International Courts And Tribunals In The Russo-Ukrainian War, Paul W. Grimm, Kim Scheppele, Paul Stephan, Harold Hongju Koh, Oleksandra Matviichuk

Judicature International

No abstract provided.

2023-2024 Fordham Law School Faculty Bibliography, Fordham Law School

Faculty Bibliography

Bibliography of Fordham Law School faculty publications in print from July 2023-June 2024.

Content Moderation Needs Auditing At Scale, Starting With Israel And Palestine, Susan Benesch

University of the Pacific Law Review

No abstract provided.

Submission To The United Nations Universal Periodic Review Of Saudi Arabia, Mwatana For Human Rights, Smith Family Human Rights Clinic

Human Rights Institute

Mwatana Organization for Human Rights (Mwatana) and the Columbia Law School Smith Family Human Rights Clinic (Clinic) jointly submit this report to inform the examination of Saudi Arabia during its Universal Periodic Review.

Make All The Laws You Want: The Catholic Left Against Legal Liberalism, Circa 1968, Sara Mayeux

Vanderbilt Law School Faculty Publications

In this article, I bring the history of Catholic radicalism into conversation with legal history. Although there is an extensive historical literature on Catholic responses to the Vietnam War and other 1960s upheavals, this historiography has remained siloed from legal scholarship. Legal scholars (particularly outside of Catholic legal circles) have devoted little attention to figures like Merton, Furfey, and participants in the Catholic “ultraresistance” against the Vietnam War. In scholarly accounts of how social movements remade and reacted to constitutional law, Catholic activism is typically discussed, if at all, in the context of contraception and abortion debates. In broad outlines, …

A Court Of Chaos And Whimsy: On The Self-Destructive Nature Of Legal Positivism, Joshua J. Schroeder

Cardozo Journal of Equal Rights & Social Justice

Each of the four arguably most famous dictators in modern Western history, Adolf Hitler, Porfirio Diaz, Napoleon Bonaparte, and Oliver Cromwell, were legal positivists. This is to say that they rejected both the common law and natural law conceptions ofhuman rights. They furthermore rejected the judiciary's equitable power to enforce human rights independently ofpolitics by characterizing the old Chancery of England as a court of chaos and whimsy, adopting John Selden's religious rejection of equity as a "roguish thing."

As Bertrand Russell recounted in his History of Western Philosophy, the philosophical avatars of German, French, and English despotism, Hegel, Rousseau, …

Negotiation Theories Engage Hybrid Warfare, Nancy Welsh, Sharon Press, Andrea Kupfer Schneider

Faculty Scholarship

The concept of hybrid warfare has arisen recently to describe the efforts, short of outright war, used by nations to disrupt and destabilize each other. This Article reviews available negotiation theories, concepts and skills to determine whether they can help governmental actors and business organizations targeted by hybrid warfare respond effectively. In other words, can negotiation theories, concepts and skills be used to engage effectively in “hybrid conflict management”? The Article urges that international diplomacy and multiparty negotiation theories and skills, as well as the more recent scholarship that has developed regarding hostage negotiation and “wicked problems,” are likely to …

A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman

Faculty Scholarship

We will begin with a discussion about how the hybrid warfare context is different from other conflict contexts. We will describe some complexity aspects that make hybrid warfare challenging to negotiators. We will then discuss whether classical negotiation theory prescriptions apply to a hybrid warfare context, especially regarding interests. We will argue that these prescriptions related to classical negotiations are unlikely to work in this context. We will focus our analysis on a subset of hybrid warfare attacks, consisting of short-term, time-sensitive, high-risk crises, where negotiations are possible and necessary, such as ransom demands, rather than on hybrid warfare situations …

Copyright And Political Campaigns: How Much Control Should A Copyright Owner Have Over The Use Of Their Musical Work In A Political Campaign, Jared Zim

University of Miami Business Law Review

Music often tells a powerful story, driving emotional connections. As a result, politicians rely on music in every aspect of their political campaigns from political advertisements to campaign rallies. There is a long history of such political uses of music, often without an artist’s permission. While most disputes over such uses have ended in either settlement or the campaign stopping use of the infringed work, former President Donald Trump’s unauthorized use of music on the campaign trail sparked countless artist complaints. The complaining musicians feared any implication that they endorsed Trump and did not want any association with a political …

Strengthening International Institutions By Enforcing Norms: The Way Forward For Prosecuting Aggression, Dr. Nadia Ahmad

San Diego International Law Journal

Strengthening institutions that enforce the prohibition on the use of force and prevent aggressive acts of war should be a priority in international law, as it struggles to respond collectively to the Russian invasion of Ukraine. Aggression is both prohibited in the Charter of the United Nations and in the Rome Statute, and the United Nations Security Council is blocking enforcement action in both international institutions. This Article explores alternative avenues of accountability for the crime of aggression in international law, and recommends the United Nations General Assembly, with the government of Ukraine, establish a hybrid international tribunal for aggression …