Digital Commons Network^™

The Relationship Between International Criminal Tribunals And National Militaries, Frank Rosenblatt

Journal Articles

This article studies the possibilities and perils of international criminal tribunals collaborating with national military forces to support the investigation and prosecution of international crimes. It does so through a case study of Bosnia-Herzegovina in 2002, where a multinational military peacekeeping coalition called Stabilisation Force (SFOR) headquartered in Sarajevo supported the work of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague. Through that case study, the article extracts larger lessons potentially applicable to other post-conflict scenarios involving both military forces and international courts. Some ways that militaries and tribunals can work together are familiar, such as …

Military Symbols, United States Army

United States Army: Field Manuals

Military Symbols, United States Army Field Manual FM 1-02.2

Climatizing National Security, Mark P. Nevitt

Faculty Articles

Is climate change a national security issue? Human security? Ecological security? This Article addresses the growing nexus between climate change and various conceptions of security with a particular emphasis on climate change's national security impacts. This Article argues that there is a growing connection between national security and climate change and a corresponding need to address the normative implications of "climatizing national security." This connection can be observed through three lenses: mitigation (reducing greenhouse gas emissions from military and national security sources); adaptation (investing in climate resilient infrastructure in an effort to prepare for climate impacts), and response (addressing climate-exacerbated …

Environmental War, Climate Security, And The Russia-Ukraine Crisis, Mark P. Nevitt

Faculty Articles

This Article addresses the Russia-Ukraine conflict’s broad implications for energy security, climate security, and environment protections during wartime. I assert that in the short-term the Russian-Ukraine war is poised to hinder much-needed international climate progress. It will stymie international decarbonization efforts and cause greater uncertainty in other climate-destabilized parts of the world, such as the Arctic. While Russia has become a pariah in the eyes of the United States and other Western nations, it has forged new partnerships and capitalized on new, lucrative energy markets outside the West and Global South. But in the long term, the global renewable energy …

Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow

Georgetown Law Faculty Publications and Other Works

In recognizing the legacy of Senator William E. Borah, the author shares his remarks from the Borah Symposium at the University of Idaho, about the Senator's personality and character, his contribution and later characterization to international law and national security, specifically the 1928 Kellogg-Briand Pact, and finally, a proposal to a modern reincarnation to the Kellogg-Briand Pact and the newer threats of this era.

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

Power Dynamics And Oppression: Analyzing Structural Control In Suzanne Collins’S The Hunger Games, Hannah Micciolo

Capstone Showcase

The Hunger Games is a popular novel universe that describes a totalitarian dictatorship through the lens of the oppressed. Through the book, the viewer is given insight into how Panem operates the way it does even though the majority of its citizens are oppressed by the minority in a much more obvious manner. However, within modern society, the tactics used by the oppressors are much more ambiguous and distorted. This essay will explore the structures put in place by the Capitol in tandem with modern examples to mirror each other and increase awareness of the the tactics governments use both …

Enhancing Fairness And Compassion In Military Disciplinary Proceedings, Rinat Kitai-Sangero

Cardozo International & Comparative Law Review

This Article critically assesses the disciplinary proceedings carried out by judicial officers within the military, shedding light on the absence of crucial procedural guarantees, such as the right to legal representation and an impartial judge. After comparing the Israeli disciplinary proceedings with the Summary Court-Martial system in the United States and considering arguments used to justify the lack of procedural guarantees, the Article emphasizes the emotional distress experienced by soldiers who feel powerless due to power imbalances with their commanders and the severity ofprison sentences they may face. While the Article primarily focuses on the Israeli army, its main arguments …

A Legal Herstory Of Wwii ‘Comfort Women’ — Chapters: Past, Present, And Beyond, Linny Kit Tong Ng

LL.M. Essays & Theses

This paper delves into the legal accountability and historical narrative, which go hand in hand, surrounding the comfort women system implemented by the Imperial Japanese Army during WWII. These women, including my late grandmother from South Korea, were forced into sexual slavery, servicing Japanese soldiers across the Asia-Pacific. Despite being one of the most significant atrocities in history, with victims from 10 countries and between 20,000 to 500,000 individuals, the plight of comfort women remains relatively unheard of.

The politicization of the comfort women movement has been a barrier to both acknowledgment and justice. My grandmother's silence for 80 years …

Parameters Winter 2023-24 Full Issue, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Winter 2023–24 issue of Parameters. This issue opens with two In Focus commentaries offering observations from the Russia-Ukraine War, two forums addressing deterrence and strategic influence, and the inaugural Director’s Corner for the China Landpower Studies Center (CLSC).

For The Ones Who Endured So That A Nation Might Live: A Plea To The Mississippi Legislature And Judiciary To Amend Miss. Code. Ann. 9-25-1 And Adopt A Mississippi Statewide Veterans Treatment Court, Hannah Grace Eckel

MC Law Review

Veterans provide an invaluable service to protect and defend the ideals of this nation. Today, there are roughly 18 million veterans living in the United States, and Mississippi is home to over 187,000. While many servicemen successfully integrate back into civilian life, trauma and addiction follow others which often leads to confrontations with the criminal justice system. The traditional Mississippi court system is ineffective for many veterans because the underlying issues that led to their incarceration cannot be treated with mere confinement.

Veterans Treatment Courts (VTCs) address the underlying issues that often lead to criminal activity and offer a veteran …

Mother Drone, Mother Nature: The Griffon Vulture And Israel’S Military, Irus Braverman

Journal Articles

No abstract provided.

Adjudicating Algorithms: Accountability In Regulation Of Surveillance, Privacy, And Discrimination, Peter Margulies

Cardozo Law Review

The movement for accountable algorithms has attained critical mass. That momentum includes a range of areas where the collection of data plays a key role, including privacy, online disinformation, surveillance, and screening for credit, housing, employment, and government benefits. For example, the White House has released an Artificial Intelligence (AI) Bill of Rights that outlines standards and recourse for a host of AI applications that touch human needs and endeavors. Assessments, disclosure, and procedures for filing complaints about abuse are frequent features in this turn toward accountability. However, at least in the United States, accountability is still a set of …

Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp

Brigham Young University Journal of Public Law

No abstract provided.

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.

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 …

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.

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.

The Black Sea Grain Initiative: Russia’S Strategic Blunder Or Diplomatic Coup?, Raul (Pete) Pedrozo

International Law Studies

On July 22, 2022, Ukraine, the Russian Federation, Türkiye, and the United Nations signed a groundbreaking agreement to allow for the safe transport of grain, related foodstuffs, and fertilizer from three Ukrainian ports to global markets. Concurrently, a second (lesser known) agreement was concluded between the United Nations and Russia that would allow the unimpeded export of Russian food and fertilizer (including raw materials to produce fertilizers) to world markets. These agreements were hailed as a critical solution for the impending global food crisis and the safety and security of neutral shipping in the Black Sea resulting from the Russia-Ukraine …

War, Decisions, И Деньги: Analyzing Private Military Companies In American And Russian Contexts, Tara Harper

University Honors Theses

Private Military Companies (PMCs) have become increasingly prevalent throughout the global security landscape. Their rise has led war - and the tools state's use to wage it - to become increasingly privatized with each state's varied approach to the evolving security landscape. Understanding and comparing the role of PMCs in such states as the U.S. and Russia allows for greater clarity regarding the industry as a whole, due to the structural differences in each state's approach to utilizing these companies. Regarding the Russian context, such companies as the Wagner Group have increasingly gained global attention due to how they are …

Geniuses Dare To Ride Their Luck: Clausewitz’S Card Game Analogies, Nicholas A. A. Murray

The US Army War College Quarterly: Parameters

Scholars have been using the wrong card games to analyze Carl von Clausewitz’s analogies in On War, which has led to errors in understanding his ideas. This article identifies the games Clausewitz discusses, allowing for a more accurate interpretation of his original meaning for the study of war. Since Clausewitz’s ideas underpin strategy development within service education systems, it is critical his ideas are fully understood in context.