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1907 Hague Convention X For The Adaptation To Maritime Warfare Of The Principles Of The Geneva Convention [Of 6 July 1906] (18 October 1907), Howard S. Levie

International Law Studies

No abstract provided.

1907 Hague Convention Xi Relative To Certain Restrictions With Regard To The Exercise Of The Right Of Capture In Naval War (18 October 1907), Howard S. Levie

International Law Studies

No abstract provided.

Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie

International Law Studies

No abstract provided.

Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro

Indiana Law Journal

No abstract provided.

Chapter Ill The Employment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

Prisoners Of War In International Armed Conflict Subject Index, Howard S. Levie

International Law Studies

No abstract provided.

Chapter Vii Termination Of Captivity, Howard S. Levie

International Law Studies

No abstract provided.

Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

Chapter V The Punishment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

Chapter Ii The Regime Of The Prisoner Of War, Howard S. Levie

International Law Studies

No abstract provided.

Table Of Cases, Howard S. Levie

International Law Studies

No abstract provided.

Table Of Abbreviations, Articles, Books, And Documents, Howard S. Levie

International Law Studies

No abstract provided.

Arms Sales And The Major Western Powers, Arthur Cyr

Vanderbilt Journal of Transnational Law

The purpose of this essay is to discuss analytically the overseas arms sales policies of the three major Western supplier nations--the United States, Britain, and France. It is appropriate to group them together because they all have similar goals and characteristics. All are Atlantic Area NATO nations. They are democratic and are based upon largely private economies. The three nations have general histories of cooperation and alliance dating back to before the beginning of this century.

This analysis is based on the assumption that military trade between the industrialized and lesser-developed countries is especially likely to destabilize international relations since …

Vietnam Amnesty – Problems Of Justice And Line-Drawing, Kent Greenawalt

Faculty Scholarship

The troublesome issue of pardon for crimes connected with the Vietnam War raises some of the most complex and difficult questions in the philosophy of law. What are the purposes of criminal punishment? Under what conditions is violation of obligations imposed by law morally justified? When, and on what conditions, is it proper to excuse those who have violated the law for conscientious reasons? How much should decisions whether to pardon turn on what offenders "deserve" and how much should they turn on what will be socially acceptable and promote future social harmony? How far should the desirability of dispositions …

The Law Of War And Personnel Infrastructure: A Proposed Inquiry Into Maximizing The Contributions Of Nonlawyer Officers And Of Military Instruction In Support Of The Law Of War, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

The Trial Of General Tomoyuki Yamashita: A Case Study In Command Responsibility, L. H. Redford

History Theses & Dissertations

The case of General 'Tomoyuki Yamashita, the subject of this thesis, established a precedent in international law, at least so far as the United States respected that law, Its successful prosecution prepared the way for the prosecution of numerous, subsequent war crimes cases, upon a standard of liability developed and approved by the United States in Yamashita, and without regard for the attenuated procedural protections granted in American civil courts. General Mac-Arthur played an important part in Yamashita’s trial, and this essay shall also discuss the extent of his interest and involvement in the case.

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Buffalo Law Review

No abstract provided.

No Tunes Of Glory: America's Military In The Aftermath Of Vietnam (Seven Book Reviews), John P. Lovell

Indiana Law Journal

Seven book reviews from the symposium, The Military After Vietnam: The Search for Legal Controls.

Legal Inadequacies And Doctrinal Restraints In Controlling The Military, Edward F. Sherman

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …

Book Review. A Special Kind Of Justice, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

The Defense Of Superior Orders, Aubrey M. Daniel Iii

University of Richmond Law Review

The court-martial and premeditated murder conviction of First Lieutenant William L. Calley, Jr., for his participation in the My Lai Massacre on March 16, 1968, was one of the most controversial criminal trials, either military or civilian, in the history of this nation. Although the trial brought to the surface many troubling aspects of this country's conduct of the Vietnam War, the primary focus of the controversy centered on the question of whether an American soldier should be held criminally accountable for his participation in the mass execution of unarmed and unresisting men, women, children and babies taken captive by …

The Case For An Unconditional, Universal Amnesty For Draft Evaders And Armed Forces Deserters, William D. Wick

Buffalo Law Review

No abstract provided.

A Proposed Form For Local Board Consideration Of Conscientious Objector Claims, David M. Fitzgerald

University of Michigan Journal of Law Reform

The general subject of selective service reform contains enough problems to busy the proverbial thousand monkeys at a thousand typewriters for a thousand years in an effort to solve just one. A solution to one of these problems, conscientious objection, would surely justify the effort. But this article, being the work of a single man using a single typewriter over a period considerably less than a year, makes no such pretense. Unlike most of the books, articles, and commission reports dealing with the selective service law, and conscientious objection in particular, this article is concerned primarily with procedural rather than …

Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review

Michigan Law Review

In 1968, a movie called The Graduate received wide critical acclaim for characterizing the malaise of youthful America. For many, the scene most representative of contemporary irrelevance took place during the protagonist's homecoming party, at which a businessman, with grave and repetitive insistence, encouraged the recent college graduate to enter the plastics industry. In a CBS-TV news interview on November 24, 1969, Paul D. Meadlo revealed his participation in an incident in Vietnam that has captured the horrified attention of the nation. Meadlo, twenty-three years old, is a machine operator in a Terre Haute, Indiana plastics factory.

The Honorable Discharge: A Farewell To Responsibility For War Crimes?, Charles W. Boohar Jr.

William & Mary Law Review

No abstract provided.

Protection Of Non-Combatants In Guerrilla Wars, James E. Bond

William & Mary Law Review

No abstract provided.

Criminal Absenteeism Under Military Law, Sammy S. Knight

Kentucky Law Journal

No abstract provided.

War Tax Refusal: Some Code Problems, William Tabac

Law Faculty Articles and Essays

Throughout our history, many individuals and groups have employed tax refusal to make their points. Frustration with government policies and cynicism about the leaders who create them are driving more and more Americans toward radical forms of dissent. Civil disobedience is on the increase and struggling for status among protestors. So far attacks against the "establishment," its mores and property, have alternated between passive law breaking, such as tax and draft refusal, to the increasingly commonplace destruction of that which the protestors detests. But the mix is not equal, and this is demonstrated dramatically in the case of tax refusal. …