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The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy Sep 2003

The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy

New England Journal of Public Policy

Over the last fifty years the United States has fought four covert wars by using a unique combination of special operations and airpower as a substitute for regular ground troops. Such covert wars are removed from Congressional oversight and conventional diplomacy. Their battlegrounds become the loci of political instability. In highland Asia, while these covert wars are being fought, CIA protection transforms tribal warlords into powerful drug lords linked to international markets. Arguably, every nation needs an intelligence service to warn of future dangers. But should this nation have the right, under U.S. or international law, to conduct its foreign …


War Is The American Way Of Life, Paul L. Atwood Sep 2003

War Is The American Way Of Life, Paul L. Atwood

New England Journal of Public Policy

The war against terror following the September 11 attack is in keeping with the long history of American foreign policy. Various “doctrines” issued by one president after another since the Monroe Doctrine of 1823 are really incremental expansions of that original statement of hemispheric dominance aimed at encompassing the entire globe. The westward expansion to the Pacific coast and beyond to the Philippines, Hawaii, and the interventions in the nations of Latin America are early stages in the development of American hegemony. After intervening in the First World War, Wilson tried to dictate the peace. The rest of the century …


Wars Remembered, Shaun O'Connell Sep 2003

Wars Remembered, Shaun O'Connell

New England Journal of Public Policy

O'Connell speaks about his father, among other war veterans, dealing with the effects of the wars they fought in. He explains his father's history from how he enilisted to how he died. He also touches upon other's war experiences and writing about the after effects of them as well.


Editor's Note, Padraig O'Malley Sep 2003

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this and the next issue of the New England Journal of Public Policy we will look at issues of war in the twentieth century; at how the nature and purpose of war have changed; at how evil stalks the human condition, how we forget, most likely because we want to forget. Some truths are too terrible to bear. They require us to ask questions of ourselves that our psyches are not equipped to answer and so they close down for the sake of our survival. Had we slaughtered dumb animals in the manner in which we slaughtered ourselves during …


The Logic Of Peace, Jonathan Schell Sep 2003

The Logic Of Peace, Jonathan Schell

New England Journal of Public Policy

Jonathan Schell’s The Unconquerable World points the way out of the devastation of the twentieth century toward another, more peaceful path. And his investigations into the great nonviolent events of modern times — from Gandhi’s independence movement in India to the explosion of civic activity that brought about the surprising collapse of the Soviet Union — suggest foundations of an entirely new kind on which to construct an enduring peace. As Schell makes clear, all-out war, with its risk of human extinction, must cease to play the role of final arbiter. “The Logic of Peace,” printed here, is the final …


Traditions, Values, And Humanitarian Action, Kevin M. Cahill, M.D. Sep 2003

Traditions, Values, And Humanitarian Action, Kevin M. Cahill, M.D.

Institute of International Humanitarian Affairs

This third volume in the pioneering series, International Humanitarian Affairs, goes beyond the practical to address fundamental questions at the heart of humanitarian actions.

How do different religious, cultural, and social systems—and the values they support—shape humanitarian action? What are the bases of caring societies? Are there universal values for human well-being? International experts come face to face with the assumptions about human dignity and social justice that guide efforts to rescue and repair communities in crisis.

The original essays explore mandates for humanitarian action in religious traditions, and codes of conduct for the media, military, medicine, and the academy …


Imperialism & Globalization: Lessons From Frank Herbert's Dune, Kevin Williams Jul 2003

Imperialism & Globalization: Lessons From Frank Herbert's Dune, Kevin Williams

Reconstruction: Studies in Contemporary Culture

[First paragraph]

These are the words of The Preacher (a character in Frank Herbert's Children of Dune who is simultaneously the metaphorical reincarnation of the fallen prophet, Muad'Dib, and the self-exiled Emperor, Paul Atreides) as he addresses the masses enslaved by their devotion to his messianic Empire. These words, culled from the pages of science fiction, are more than mere exposition from Herbert's narrative, they point toward several important conditions facing the political world today. These conditions concern certain failures of democracy and effects of globalization spawned, in part, by an intensification of imperialist expansion in the name of democracy.


Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson Apr 2003

Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson

Popular Media

The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …


The Psychology Of Behavioral Prediction And War, Ibpp Editor Apr 2003

The Psychology Of Behavioral Prediction And War, Ibpp Editor

International Bulletin of Political Psychology

This article describes recent social cognition research bearing on the psychology of behavioral prediction that may have implications for wartime decision making.


Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard Apr 2003

Passion And Nation: War, Crime, And Guilt In The Individual And The Collective, Steve Sheppard

Notre Dame Law Review

No abstract provided.


Kosovo: Virtual War And International Law, Aaron Schwabach Jan 2003

Kosovo: Virtual War And International Law, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.


The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff Jan 2003

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …


Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley Jan 2003

Enemy Combatants, The Courts, And The Constitution, Roberto Iraola Jan 2003

Enemy Combatants, The Courts, And The Constitution, Roberto Iraola

Oklahoma Law Review

No abstract provided.


National Security Law In The Post-9-11 World: A Survey Of Recent Legal Materials, John D. Becker Jan 2003

National Security Law In The Post-9-11 World: A Survey Of Recent Legal Materials, John D. Becker

Denver Journal of International Law & Policy

No abstract provided.


A Conversation With Cynthia Enloe: Feminists Look At Masculinity And The Men Who Wage War, Carol Cohn, Cynthia Enloe Jan 2003

A Conversation With Cynthia Enloe: Feminists Look At Masculinity And The Men Who Wage War, Carol Cohn, Cynthia Enloe

Sustainability and Social Justice

Interviews feminist Cynthia Enloe. Role of feminists in international politics; Understanding the dynamics of masculinity; Aim to understand the genderings of institutional cultures inside international aid organizations; Feminist investigations of institutional political cultures and monitoring of postwar demilitarization.


War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah Jan 2003

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …


The Proper Role Of Professional Military Advice In Contemporary Uses Of Force, Martin L. Cook Nov 2002

The Proper Role Of Professional Military Advice In Contemporary Uses Of Force, Martin L. Cook

The US Army War College Quarterly: Parameters

No abstract provided.


The Economic Consequences Of A War With Iraq, William D. Nordhaus Oct 2002

The Economic Consequences Of A War With Iraq, William D. Nordhaus

Cowles Foundation Discussion Papers

Much has been written about the national-security aspects of a potential conflict in Iraq, but there are no studies of the cost. A review of several past wars indicates that nations historically have consistently underestimated the cost of military conflicts. This study reviews the potential costs of a conflict including the postwar expenses that might be required for occupation, humanitarian assistance, reconstruction, nation-building, along with the implications for oil markets and macroeconomic activity. It considers two potential scenarios that span the potential outcomes, ranging from a short and relatively conflict-free case to protracted conflict with difficult and expensive postwar reconstruction …


“How Long, Oh Lord, How Long?” James E. Talmage And The Great War, Richard E. Bennett Apr 2002

“How Long, Oh Lord, How Long?” James E. Talmage And The Great War, Richard E. Bennett

Religious Educator: Perspectives on the Restored Gospel

No abstract provided.


Macroeconomic Strategy In Wartime, James Tobin Mar 2002

Macroeconomic Strategy In Wartime, James Tobin

Cowles Foundation Discussion Papers

In 2001-02 the United States has been hit by two quite different shocks, terrorism and recession. As usual in time of war, national defense is the highest priority for use of the country’s resources. Although the opportunities for international warfare are limited, the challenges to the homeland are virtually unlimited. The president’s fiscal year 2003 budget includes $48 billion additional for the military and $38 billion additional for homeland defense. Given the gravity of the threat, it is hard to understand why new expenditures are not undertaken as soon as and as large as possible. This would also be timely …


Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker Jan 2002

Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker

Faculty Publications

Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).

It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …


The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton Jan 2002

The Legality Of Nato's Intervention In Yugoslavia In 1999: Implications For The Progressive Development Of International Law, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

NATO's intervention in Yugoslavia in 1999 in response to violations of human rights raises a number of legal and moral questions concerning the right of states to respond to humanitarian disasters.


Prosecuting Al Quada: America's Human Rights Policy Interest Are Best Served By Trying Terrorists Under International Tribunals, Anton L. Janik Jr. Jan 2002

Prosecuting Al Quada: America's Human Rights Policy Interest Are Best Served By Trying Terrorists Under International Tribunals, Anton L. Janik Jr.

Denver Journal of International Law & Policy

No abstract provided.


Environmental Law Of Armed Conflict, Nada Al-Duaij Jan 2002

Environmental Law Of Armed Conflict, Nada Al-Duaij

Dissertations & Theses

This thesis explains the law of the environment during armed conflicts in five parts. Part One, “General Background of Armed Conflict,” focuses on the nature of armed conflict, including international and national disputes, civil war, and the problem of applying international legal duties to internal belligerents, the impact of armed conflict on civilians, and the environmental impact of preparing for, engaging in, and recovering from armed conflict. Part Two, “Environmental Protection in International Humanitarian Law,” examines the definition of international humanitarian law (IHL), focusing particularly on the environmental protection provisions in the IHL and its current inadequacy as a tool …


Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson Jan 2002

Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson

Scholarly Works

International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …


The United States 1989 Military Intervention In Panama: A Just Cause?, William Harrision Huff Iv Jan 2002

The United States 1989 Military Intervention In Panama: A Just Cause?, William Harrision Huff Iv

LSU Master's Theses

American involvement in Panama dates back to 1903 when the United States helped bring independence to the Republic and soon after began construction of the Panama Canal. As the guarantor of Panamanian sovereignty, the U.S in the ensuing decades contributed to a non-democratic environment in Panama by supporting a series of dictators who promised stability in the region. The U.S. National Security policy just before Operation JUST CAUSE finally acknowledged the brutality of the Panamanian dictator, Manuel Noriega, forcing Washington to attempt numerous unsuccessful diplomatic maneuvers in an effort to avoid military intervention. Once combat operations commenced, the justification, necessity …


World War I: The War To End All Wars And The Birth Of A Handicapped International Criminal Justice System, M. Cherif Bassiouni Jan 2002

World War I: The War To End All Wars And The Birth Of A Handicapped International Criminal Justice System, M. Cherif Bassiouni

Denver Journal of International Law & Policy

No abstract provided.


When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher Jan 2002

When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Human Rights Policy In The Age Of Terrorism, Juan E. Mendez Jan 2002

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.