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Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Space Warfare: Do We Need Additional Treaties?, Col. Stuart A. Pettis (Ret.)

Case Western Reserve Journal of International Law

With the growth in counter-space weapons and military services dedicated to space, should International Humanitarian Law be expanded to address a “war in space?” This Paper will examine what a conflict in space would look like and existing laws that govern military activities in space. Ultimately, this paper will argue that International Humanitarian Law is already flexible enough to address this new venue for conflict. (Abstract from author.)

New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank

Case Western Reserve Journal of International Law

Calls for a new treaty for autonomous weapons—or for any other new technology—stem from a concern at the most basic level: the concern that LOAC’s existing treaties are not sufficient to fulfill their core purposes of protecting civilians and other vulnerable persons and regulating the conduct of hostilities. Could treaties drafted in 1949—when air power was new and space a distant dream, when the first operational computer ran its first program and navigation relied on the compass and sextant—be sufficient for the complexities and challenges of the electromagnetic spectrum, artificial intelligence, quantum mechanics, machine learning, cyber, anti-satellite weapons, and other …

Autonomous Weapons Systems And Proportionality: The Need For Regulation, Craig Martin

Case Western Reserve Journal of International Law

This Article examines the question of whether International Humanitarian Law (IHL) requires modification to effectively govern autonomous weapons systems (AWS). Given that the imminent development and deployment is unlikely to be prohibited, and that AWS may not comply with IHL in certain circumstances, the question of why and how IHL needs to be adjusted is important, and not sufficiently studied. The analysis focuses on the principle of proportionality—a principle whose implementation demands complex, contextual, and sophisticated judgment—as a means of exploring and illustrating the issue. The Article explains why the operationalization of the principle of proportionality would present challenges for …

Does The Dual-Use Of Space Objects Necessitate A New Geneva Convention?, Svenja Berrang, Ll.M.

Case Western Reserve Journal of International Law

With “the first commercial space war” in Ukraine, the widespread and ever-increasing practice of using commercial space systems and services for military activities came to the public eye. States increasingly rely on and integrate commercial space activities1 into military activities to enhance their military capabilities and to strengthen deterrence. But by incorporating commercial actors into their military activities, States may incidentally make civil actors become military targets during an international armed conflict. Eventually, this may endanger commercial employees when those employees take direct part in hostilities and ultimately lose their protection as non-targeted civilians.

This Article examines the increased reliance …

Air Supremacy, The Enabler Of Close Air Support Operations – An Evaluation Of Past, Present, And Future Air Campaigns., Owen Topolnicki

Senior Honors Theses

The achievement of gaining aerial supremacy, or lack thereof, is the hinge upon which Close Air Support (CAS) swings. The attainment of it enables CAS specialist aircraft, not unlike the Ju-87 Stuka or A-10 Thunderbolt II, to be exceptionally effective in their operating environment. While the lack of it, forces aircrews to pioneer new solutions either in the form of multi-role aircraft (capable of self-defense), or other innovative solutions similar to unmanned aerial systems (UAS’s), as aptly seen in the ongoing Russo-Ukrainian conflict. Thus, the ability of an air force to gain air supremacy and to do so quickly, …

Protection Of Nuclear Facilities In Warfare Under International Law, Gary Corn, Sean Watts

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper will take a three-pronged approach to the analysis of prior treaty negotiations and their comparison to the Israeli Palestinian conflict. The first prong, which will be addressed in the next section, will be a historical analysis of other treaty negotiations which resulted in end of conflict treaties. These examinations will include The Congress of Vienna, 1814-1815; the Portsmouth Treaty, 1905 which involved a Treaty between a European and a non-European state2 negotiated by the President of the United States and American Diplomats; the Paris Peace Conferences of 19193 ; and Multiparty Mediation in Cyprus, 1963-1965. In each of …

Korea: The Enduring Policy Blindspot, Justin Malzac, Rene A. Mahomed

The US Army War College Quarterly: Parameters

The threat posed by the Democratic People’s Republic of Korea is a neglected and under prioritized problem across the US government, requiring a dramatic change of approach. Most proposals for Goldwater-Nichols reform focus on geography, either increasing or decreasing the number of geographic commands. Based on our personal experience as Joint military planners at strategic-level headquarters, we argue that the change needs to go further, focusing on global national security problems instead of geography. This article’s analysis and conclusions will provoke conversation across the national security enterprise about how the United States competes with multiple global threats.

Parameters Winter 2024-25, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Winter 2024–25 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific, Security Cooperation, and Historical Studies), and the regular Civil-Military Relations Corner installment.

The American Way Of Studying War: What Is It Good For?, Michael P. Ferguson

The US Army War College Quarterly: Parameters

Academic military historians, government institutions, and defense practitioners have unique purposes for advancing the study of war that influence the way they consume and produce history. Although there is substantial scholarship covering how the discipline of military history has changed since the late nineteenth century, the literature surrounding why it changes and how it is used is less plentiful. Using primary and secondary sources to contextualize debates between historians, this study traces major developments in military historiography, considers the US Army’s relationship with its history, and explores potential connections between a history’s purpose and its use for military professionals.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Drones And Ai In Modern Warfare: A Security Analysist, Tze Fung Kao

Rwanda: Post-Genocide Restoration and Peacebuilding

Abstract

Artificial intelligence’s (AI) rapid development and integration into drone systems is reshaping modern warfare, with significant implications for international security. As seen in the 2022 Russo-Ukrainian and the 2023 Israel-Hamas war, AI-enabled drones are increasingly employed for intelligence, surveillance, reconnaissance (ISR), loitering munitions, and swarm formations. The use of AI for autonomous target identification and decision-making raises both operational advantages and ethical concerns, particularly concerning accountability and the potential for unintended escalation. This paper explores the capabilities of AI drones, focusing on their implication for global security and stability and the growing challenge of regulating such systems. The proliferation …

Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari

International Law Studies

China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.

This article argues that the Chinese narrative of law …

Parameters Autumn 2024, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.

Eisenhower As Supreme Allied Commander: A Reappraisal, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

This article argues that the historical assessment of Dwight D. Eisenhower as Supreme Allied Commander of the Allied Expeditionary Force in World War II lacks objectivity and balance. It identifies several strategic errors and missteps attributable to Eisenhower, which resulted in severe casualties and prolonged the war in Europe. The conclusions can help US military practitioners and policymakers assess the background and qualities required for successful theater command during wartime and senior commanders’ performances.

From The Acting Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2024 issue of Parameters. The Autumn issue consists of a special piece from the US Army War College Commandant and Provost on their strategic vision for the college, three In Focus special commentaries, three forums (Cooperative Partnerships, Professional Development, and Historical Studies), two regular forums (A Major’s Perspective and the Civil-Military Relations Corner), and a review essay focused on strategy in India.

Exploring Strategy In India, Vinay Kaura

The US Army War College Quarterly: Parameters

This review essay discusses Rajesh Basrur's Subcontinental Drift: Domestic Politics and India’s Foreign Policy and Feroz Hassan Khan's Subcontinent Adrift: Strategic Futures of South Asia and explores Indian strategy, especially concerning domestic issues and the relationship between Pakistan and India. The review concludes by noting that the two books agree on the oversized role of the Pakistani military in India’s national politics, where most security and foreign policy decisions are directed toward Pakistan.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Narrowing “The Gap”: Counter Gray Zone Operations, Raul (Pete) Pedrozo

International Law Studies

China is exploiting "The Gap" by conducting provocative Gray Zone operations to challenge its neighbors' sovereignty and sovereign rights, as well as their navigational rights and freedoms, in waters off their coast in the East China Sea, Taiwan Strait, and South China Sea. By engaging in malign activities that fall below the threshold of an "armed attack," China anticipates it can incrementally advance its interests without eliciting a military response from the targeted States. Diplomatic protests and third-party dispute settlement have not convinced China to halt its aggressive behavior. This article suggests States should use non-lethal counter-piracy tactics, techniques, and …

Rohingya Persecution In Myanmar And Thoughts On Repatriation: Evidence From Rohingya Refugee Camps In Bangladesh, Md. Khalid Rahman, Md. Khaled Amin

Indonesian Journal of International Law

This study aimed to address the causes of systematic and repeated violence, extortion, torture, and persecution of Rohingya minority in Myanmar. Rohingyas were forcibly displaced from their land several times starting in 1978 to the border of Bangladesh by the Tatmadaw and the Buddhist majority. According to the United Nations (UN), within one and a half months after the exodus on 25, August 2017, Rohingyas had fled across the border, which was the largest refugee migration from Myanmar to Bangladesh. A total of 104 Rohingyas were surveyed using a structured questionnaire to investigate the causes of the mass violence. The …

The Thin Red Line: Neutrality And Belligerency In Modern Conflicts, Thibault Moulin

Cardozo International & Comparative Law Review

Since the invasion of Ukraine, Western states have faced a dual red line, i.e., at what point neutrality loss and co-belligerency occur. In this Article, I argue that neutrality law is still relevant regarding arms transfers and troop training, which are prohibited, but is often ill-suited to regulate activities like intelligence sharing, which is not subject to a specific treaty or customary rule. As this Article argues, this is because "impartiality" cannot be described as an abstract and autonomous rule, but rather as an umbrella principle underpinning the law of neutrality. It means that helping a belligerent is not ipso …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke

The Journal of Business, Entrepreneurship & the Law

This article examines how the armed Ukraine-Russia conflict opened a doorway for a wave of international arbitration via corporate actions against Russia for violating BIT obligations. To provide context for the suggested BIT arbitration against Russia, this article begins with a brief discussion of the historical background of this conflict and investor-state treaty arbitration. This article next pivots to analyze the applicability of investor-state treaty arbitration to compensate lost IP investments in three parts. Part I considers how investor-state treaty arbitration function with ongoing armed conflict and which investors may initiate investor-state treaty claims. Next, Part II reports on the …

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

Books, Monographs & Collaborative Studies

John A. Nagl, Project Director
Katie Crombe, Chief of Staff

This book explores the changing character of war through the lens of the Russia-Ukraine War. The authors analyze the conflict’s history, each side’s warfighting functions, the role of multidomain operations, and more. The radical changes in the character of war suggest the United States is at a strategic inflection point. The authors draw lessons from both the Ukrainians and the Russians to suggest improvements for the United States. Advances in drone technology, cyber warfare, and electromagnetic warfare pose new technological vulnerabilities and possibilities. In addition, the war has highlighted the …

Military Climate Emissions, Nadia B. Ahmad

Nevada Law Journal

No abstract provided.

Raven Sentry: Employing Ai For Indications And Warnings In Afghanistan, Thomas W. Spahr

The US Army War College Quarterly: Parameters

This article examines Raven Sentry, a project that employed artificial intelligence to provide advance warning of insurgent attacks in Afghanistan. During 2019 and 2020, the Resolute Support Deputy Chief of Staff for Intelligence (J2) benefited from a command culture open to innovation, the urgency created by the US drawdown, and a uniquely talented group of personnel that, aided by commercial sector experts, built an AI system that helped predict attacks. The war’s end cut Raven Sentry short, but the experience provides important lessons on AI and the conditions necessary for successful innovation.

The Combat Path: Sustaining Mental Readiness In Ukrainian Soldiers, Oleh Hukovskyy, James C. West, Joshua C. Morganstein, Eugene F. Augusterfer, David M. Benedek, Oleg Boyko, Robert J. Ursano, Amy B. Adler

The US Army War College Quarterly: Parameters

In Ukraine, soldiers’ psychological resilience is of paramount concern. Therefore, the Armed Forces of Ukraine have developed a new intervention, Combat Path Debriefing, designed to address combat stress and promote unit readiness for soldiers returning to combat. This article outlines the components of Combat Path Debriefing and discusses how it is rooted in principles of combat and operational stress control and the unique characteristics of Ukrainian military life. This perspective offers US and allied leaders real-world experience that can inform future efforts to support soldiers’ mental health and combat performance.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Summer 2024 issue of Parameters. We open this issue with a special “In Memoriam” by General Charles A. Flynn, Commander US Army Pacific, honoring the life and legacies of our director and consummate colleague, Carol V. Evans. We dedicate this issue to her. General Flynn’s memoriam is followed by an In Focus commentary on China’s Belt and Road Initiative. We then feature three forums covering the Russia-Ukraine War, the Middle East, and Professional Development. This issue also contains special essays on the role of professional writing, the US Army War College’s Civil-Military Relations Center, …