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Articles 511 - 540 of 1946
Full-Text Articles in Entire DC Network
Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz
Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico
Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico
Fordham Law Review
Few conflicts have tested the mettle of procedural due process more than the War on Terror. Although fiery military responses have insulated the United States from another 9/11, the Obama administration’s 2011 drone execution of a U.S. citizen allegedly associated with al-Qaeda without formal charges or prosecution sparked public outrage. Judicial recognition that this nonbattlefield execution presented a plausible procedural due process claim ignited questions which continue to smolder today: What are the limits of executive war power? What constitutional privileges do American citizens truly retain in the War on Terror? What if the executive erred in its judgment and …
International Humanitarian Law And The Targeting Of Data, Tim Mccormack
International Humanitarian Law And The Targeting Of Data, Tim Mccormack
International Law Studies
The 2013 publication of the Tallinn Manual on the International Law Applicable to Cyber Warfare confirmed the view of the majority of the international group of experts that data was not an object and therefore not subject to the rules of targeting during an armed conflict. Intuitively, a number of scholars reacted negatively to this view, and instead were drawn to the Tallinn Manual minority position that data did constitute an object. The significance of data, particularly personal data, is only increasing, and the purpose of the law of armed conflict is to reduce the deleterious impact of armed conflict …
Moral Disarmament: Reviving A Legacy Of The Great War, James D. Fry, Saroj Nair
Moral Disarmament: Reviving A Legacy Of The Great War, James D. Fry, Saroj Nair
Michigan Journal of International Law
In short, this Article examines the concept of moral disarmament using a broad-spectrum definition of humanity rather than the traditional IHL perspective. Rather than referring to human rights that are impacted by armaments, this Article looks at methods through which human initiative can create a society that truly hungers for disarmament. In other words, this Article points out that the extent of change that society can bring about through education, intellectual cooperation, peace initiatives, international affairs awareness, and intercultural communication can be reflected in the economic growth, social growth, and development of states. The aim is to help the reader …
Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja
Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja
International Law Studies
Under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions, States are required to review new weapons for their compliance with international law. While recent discussions on the regulation of lethal autonomous weapons systems under the auspices of the UN Certain Conventional Weapons Convention increasingly emphasize the importance of national weapons review mechanisms, Article 36 is known to be implemented only by a handful of States. Some legal scholars have nonetheless argued that the Article 36 obligation has attained customary international law status. Remarkably, substantive analysis of State practice and opinio juris required to evidence that certain …
The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn
The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn
Law Faculty Scholarship
No abstract provided.
Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?, Andrea Harrison
Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?, Andrea Harrison
ILSA Journal of International & Comparative Law
No abstract provided.
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
West Virginia Law Review
This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive action in …
Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop
Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop
International Law Studies
Advances in science and technology have made it possible to improve the physical and cognitive capabilities of warfighters by biomedical interventions, such as the administration of drugs, the implantation of devices, and the magnetic stimulation of the brain. These advances raise the question as to whether enhanced warfighters ought to be considered weapons, means of warfare, or methods of warfare, for the purposes of the law of armed conflict. An affirmative answer to this question would make human enhancement subject to various restrictions arising from the law of armed conflict as well as arms control law. This article disagrees with …
Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg
Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg
International Law Studies
Article 18(1) of the Second Geneva Convention requires parties to an international armed conflict, “after each engagement” and “without delay,” to “take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.” This article focuses on the latter obligation: the duty to search for and collect the dead. It assesses this obligation in light of the International Committee of the Red Cross 2017 Commentary on the Second Geneva Convention, the first such commentary completed by …
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle
The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle
International Law Studies
Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the …
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte
Law Faculty Articles and Essays
This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological …
Parameters – Full Issue – Spring 2018, Usawc Parameters
Parameters – Full Issue – Spring 2018, Usawc Parameters
The US Army War College Quarterly: Parameters
FEATURES: Special Commentary. “Right vs. Right: Personal Beliefs vs. Professional Obligations” by Linell A. Letendre and Martin L. Cook. Illusions of Victory. "LTG MacFarland: Insights on Illusions of Victory and Iraq” by Russell W. Glenn. “Avoiding Nation-Building: From Nixon to Trump” by Dominic Tierney. 21st Century Political Warfare. “Countering Russian Meddling in US Political Processes” by James P. Farwell. “Countering Russian Disinformation” by Timothy P. McGeehan. “Victory without Casualties: Russia’s Information Operations” by T. S. Allen and A. J. Moore. Special Relationships. “Brexit and the Anglo-American Security and Defense Partnership” by James K. Wither. “Brexit and Transatlantic Security” by Arthur …
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran
The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran
Journal of Contemporary Archival Studies
This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the …
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo
International Law Studies
In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not have the …
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Russia's Military And Security Privatization, Christopher R. Spearin
Russia's Military And Security Privatization, Christopher R. Spearin
The US Army War College Quarterly: Parameters
No abstract provided.
Fighting Russia? Modeling The Baltic Scenarios, Ben S. Wermeling
Fighting Russia? Modeling The Baltic Scenarios, Ben S. Wermeling
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese
Washington International Law Journal
This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Crim-inal Court (“ICC”). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, …
Russia's Frozen Conflicts And The Donbas, Erik J. Grossman
Russia's Frozen Conflicts And The Donbas, Erik J. Grossman
The US Army War College Quarterly: Parameters
No abstract provided.
Living The World War - A Retrospective, Donald N. Zillman, Elizabeth Elsbach
Living The World War - A Retrospective, Donald N. Zillman, Elizabeth Elsbach
Maine Law Review
Living the World War is a 1200-page, two volume study of America’s participation in World War I. The week-by-week review tries to place the reader in the position of an American citizen of a century ago who “lived” the War years without knowing what might come next. The authors’ sources are the daily editions of the New York Times and the pages of the Congressional Record—two documents available to the informed citizen of 1916 to 1919. The crucial issues of a century ago have helped shape American law and policy that is relevant today to such issues as the nature …
The Conventionality Of Russia's Unconventional Warfare, Patrick J. Savage
The Conventionality Of Russia's Unconventional Warfare, Patrick J. Savage
The US Army War College Quarterly: Parameters
No abstract provided.
The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens
International Law Studies
In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In …
The Updated Commentary On The First Geneva Convention--A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Jean-Marie Henckaerts, Bruno Demeyere, Eve La Haye, Heike Niebergall-Lakner
The Updated Commentary On The First Geneva Convention--A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Jean-Marie Henckaerts, Bruno Demeyere, Eve La Haye, Heike Niebergall-Lakner
Georgia Journal of International & Comparative Law
This Article was originally published in 97 Int’l Rev. Red Cross, no. 900, 2015, at 1209– 26. It is reprinted with permission.
Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton
Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton
Georgia Journal of International & Comparative Law
No abstract provided.
A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull
A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull
Georgia Journal of International & Comparative Law
No abstract provided.
Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver
Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver
Georgia Journal of International & Comparative Law
No abstract provided.
Reconsidering Selective Conscientious Objection, Andrew J. Haile
Reconsidering Selective Conscientious Objection, Andrew J. Haile
University of Richmond Law Review
In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …