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Collateral Damage, David Lefkowitz

Philosophy Faculty Publications

The phrase "collateral damage" refers to harm done to persons, animals, or things that agents are not morally permitted to target in the conduct of war, as a side effect of attacks on persons, animals, or things that agents are morally permitted to target in the conduct of war. Call the first category that is, those persons, animals, or things that agents are not morally permitted to target - illegitimate targets of war, and the second category legitimate targets of war. Collateral damage, then, refers to harm done to illegitimate targets of war as a side effect of attacks on …

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Other War: Iraq Vets Bear Witness” by Chris Hedges and Laila Al-Arian. The Nation, July 30, 2007.

Facing Up To The Truth, Susan E. Waltz

Human Rights & Human Welfare

American GIs who liberated Dachau from the Nazis in April 1945 exist in our collective memory as iconic representations of the American soldier-hero: competent and capable, disciplined, principled and fundamentally good. From their collective example, we expect American soldiers to reveal, report, and excoriate war crimes. This makes it difficult to acknowledge that Americans may also commit war crimes—and on a regular basis.

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

Taylor: A Magazine For Taylor University Alumni And Friends (Summer 2007), Taylor University

The Taylor Magazine (1963-Present)

The Summer 2007 edition of Taylor Magazine, published by Taylor University in Upland, Indiana.

Fifth Commandment You Shall Not Murder! Catechesis- A Pastoral Care Strategy For The Lutheran Marine Recruit, Mark J. Logid

Doctor of Ministry Major Applied Project

This major applied project was conceived and came to fruition in the practice of ministry to United States Marine Corps recruits in training. Recruits attending the Lutheran Communion Service and catechetical instruction at MCRD, San Diego, CA, expressed grave concern over the morality of killing in combat. This project explored the pastoral care of Marine recruits using Luther's explanation of the Fifth Commandment, the Fourth Commandment, and the historic just war tradition. The project confirmed the utility of the Catechetical Module of the Fifth Commandment to inform the Christian's moral reasoning and ethical decision making in his God pleasing vocation …

Can International Law Survive The 21st Century - Yes: With Patience, Persistence, And A Peek At The Past, Dana Zartner Falstrom

San Diego International Law Journal

With the end of the Cold War-the principal international political framework that shaped the international system since the end of WWII-an increasing number of global tensions have arisen which have brought to the fore questions about the ability of existing international law to provide a guiding framework for state behavior. Debates over the limits of state sovereignty, the appropriateness of humanitarian intervention, the justness of pre-emptive war, the definition of self-defense, the legality of replacing a government in the interests of your ideals, and how to deal with terrorism have dominated discussions around the world. Moreover, these discussions have caused …

The Pulse Of Humanitarian Assistance, Kevin M. Cahill, M.D.

Institute of International Humanitarian Affairs

Understanding the complex nature of international humanitarian action—particularly following natural disasters or armed conflicts—has been the mission of this unique series. This book explores the cutting-edge concerns that will affect how assistance is offered in the future.

Featuring twelve original essays by leading practitioners, policymakers, and scholars, the book is a state of the field report on problems, threats, and opportunities facing relief efforts in today’s world.

With contributions from such authorities as Bernard Kouchner, founder of Doctors Without Borders, Charles McCormick, CEO of Save the Children, and physicians, military leaders, field workers, and others, the essays confront the most …

Memory, War, And Emotion; Disclosure Interviews Jay Winter. January 27, 2006, Brandon Absher, George Phillips

disClosure: A Journal of Social Theory

No abstract provided.

Battling The Woman Warrior: Females And Combat In Tolkien And Lewis, Candice Fredrick, Sam Mcbride

Mythlore: A Journal of J.R.R. Tolkien, C.S. Lewis, Charles Williams, and Mythopoeic Literature

Examines women in combat in a number of Tolkien’s and Lewis’s works, finding that their portrayals have one thing in common: battles are ugly when women fight.

Finding Woman's Role In The Lord Of The Rings, Melissa Mccrory Hatcher

Mythlore: A Journal of J.R.R. Tolkien, C.S. Lewis, Charles Williams, and Mythopoeic Literature

Offers an opposing viewpoint on the “taming” of the woman warrior in Tolkien, suggesting that Éowyn’s rejection of the warrior’s life is a fulfillment of Tolkien’s theme of healing and rebirth rather than a subjection to a male partner.

Conceptions Of War In Islamic Legal Theory And Practice, Margaret Pettygrove

Macalester Islam Journal

The term Jihad, meaning Muslim ‘holy war,’ is a powerful symbol in contemporary society, signifying not only radical violence but the clash of Islamic and Western societies. The demonization and reduction of Islam in popular American culture, particularly with respect to suicide bombings and Political Islam, suggests that Islam is an inherently violent or extremist religion. A brief reading of current studies of the Qur’anic stance on war and violence, however, suggests that the Qur’an supports pragmatism and conservatism regarding the use of force. The Qur’an legitimates the use of force when it is necessary to defend the Muslim community …

Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

American University, WCL Research Paper No. 2008-74 Abstract: The war on terror and the war in Iraq have occasioned a ferocious debate over the Bush administration's commitment to neo-conservatism as the guiding philosophy behind war aiming at democratic transformation. Two recent, widely noticed 2006 books have attacked neo-conservatism - one, by a former neoconservative, Francis Fukuyama (After the Neocons: America at the Crossroads), and a second, by a centrist liberal, Peter Beinart (The Good Fight). Each seeks to anatomize neo-conservatism and what, in each author's view, has gone wrong with it; each seeks to offer an alternative foreign policy. This …

The Falklands War: Closer Fought Than Commonly Understood, Tom Clonan

Articles

Close Run Thing Twenty five years ago, this week, over three days of a desperately fought battle for control of the skies over the Falklands, the Argentine Air Force sank four British ships – HMS Ardent, HMS Antelope, HMS Coventry and the MV Atlantic Conveyor – in San Carlos Waters. The British Task Force eventually won the air-war by a whisper and managed to establish a beachhead at San Carlos. After the battle for the Falklands was over, Admiral John ‘Sandy’ Woodward, commander of the 1982 British taskforce admitted that the conflict was ‘a lot closer run than many would …

A Conquering Spirit: Fort Mims And The Redstick War Of 1813-1814, By Gregory A. Waselkov, Charles R. Cobb

Faculty Publications

A review of A Conquering Spirit: Fort Mims and the Redstick War of 1813-1814, by Gregory A. Waselkov.

The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen

Denver Journal of International Law & Policy

No abstract provided.

International Law Fights Terrorism In The Muslim World: A Middle Eastern Perspective, Mohamed R. Hassanien

Denver Journal of International Law & Policy

No abstract provided.

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

Vera Brittain: The Work Of Memorial In An Age Of War, Christine M. Doran

Journal of Interdisciplinary Feminist Thought

In her trajectory from sheltered, unmarried middle-class woman to mature rational adult capable of fending for herself on the streets of London, Vera Brittain marks the power of work, even with its inherent restrictions, to negotiate and survive trauma. Work, the speaking out in public about the issues—the sexual, physical, emotional, and intellectual jeopardy of women sparked by keeping them ignorant, liable to break under the shocks they experienced, was the only way to break the cycle and integrate the trauma into a survivable narrative.

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

Faculty Scholarship

This paper explores the range of values implicated by war and compares today's dominant values with those that prevailed during previous American wars, with a particular emphasis on the World War Two and early Cold War period. War is related to values, and as economists like to remind us, what we value becomes apparent in the movement of people and prices. Part I of this Article considers the moral, ethical and monetary values that prevailed throughout the 1940's and early 1950's. The normative threads that kept the World War Two effort on track were those of mobilization and shared sacrifice. …

Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling

ExpressO

Private Military Companies (PMCs) are civilian staffed corporations that provide military (and law enforcement) services, logistics, and support under contract to a government both inside and outside the country’s borders. Prior to Congress passing the Military Extraterritorial Jurisdiction Act, U.S. courts lacked jurisdiction to prosecute civilians accompanying United States’ Armed Forces overseas. This article will specifically address how the United States exercises jurisdiction and prosecutes the civilian employees of PMCs in United States courts for crimes they have committed in foreign countries while working under contract to the United States government.

War Between Islam And The West Then And Now, Hannah Popish

Macalester Islam Journal

I’ve been intrigued by examining what it takes to make someone propose and enlist in a war. Often individuals seem to use ethics, morality, or religion to bond together and assert their own perspective in a world perceived as devoid of ethics, morality, or the right religion. Looking to the Holy Roman Emperor Frederick II and his approach to ruling and warring with a religiously different minority and comparing this example with that of the ongoing contentious relationships between Islam and the West as played out by the war in Iraq, provides firm starting grounds for exploring the issues of …

Women And War, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.

ILSA Journal of International & Comparative Law

As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security

Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad

ILSA Journal of International & Comparative Law

Rules relating to the use of force are among the traditional concerns of international law.

The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole

ILSA Journal of International & Comparative Law

This article deals with the "new" terrorism, responses to it by the Bush administration, the impact of those policies on domestic and global security, and concludes with some brief recommendations for alternative approaches to national and global security.

What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton

ILSA Journal of International & Comparative Law

This paper addresses the topic of terrorism as war after September 11 th, 2001.