Law Commons^™

Military Climate Emissions, Nadia B. Ahmad

Nevada Law Journal

No abstract provided.

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal

No abstract provided.

Exploring The Nexus Of Military And Society At A 50-Year Milestone, Patricia M. Shields

The US Army War College Quarterly: Parameters

There is an ongoing dependence and tension between the military and the society it protects. This article examines the relatively new “military and society” field using the 50-year anniversary of the journal Armed Forces & Society as a focal point. This dynamic field is influenced by world events, cultural trends, and politics. Civil-military relations is at the heart of the discourse. An international and interdisciplinary journal, Armed Forces & Society reflects the changing nature of the field over the last 50 years. I have edited the journal since 2001 and bring this experience to the discussion.

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, …

The Dynamics Of Us Retrenchment In The Middle East, Paul K. Macdonald, Joseph M. Parent

The US Army War College Quarterly: Parameters

This article argues that conditions favor American retrenchment from the Middle East because the United States can shift burdens to capable states in the region, there are few areas where US commitments are interdependent, and the local conquest calculus favors defense. Forward military deployments do not positively influence potential threats in the Middle East, and maintaining deployments there will detract from meeting challenges from China. Through comparisons to prior cases of great-power ordinal decline, this article puts America’s modest decline in historical perspective and finds that retrenchment policies will likely have positive consequences.

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.

Contributor Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Conflict Related Sexual Violence In Ethiopia: An Applied Approach To Prevention, Liya Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Adequate, But Not Ideal: The U.S. Navy’S Need To Refine Its Administrative Separation Board Procedures, Sierra Ross

Texas A&M Law Review

While the Navy is likely not mandated by the Constitution to edit its procedures for Administrative Separation Boards, it should do so. Service members can be subject to a variety of serious consequences through Administrative Separation Boards, so the processes should be as effective as possible to ensure that they are adequately protected.

To improve the Administrative Separation Board Procedures for the United States Navy, this Comment suggests two policy changes. First, this Comment suggests that the Navy provide more training to Senior Members to ensure they are implementing the existing evidence rule correctly. Second, this Comment suggests that the …

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …

Using Digital Twins To Protect Biomanufacturing From Cyberattacks, Brenden Fraser-Hevlin, Alec W. Schuler, B. Arda Gozen, Bernard J. Van Wie

Military Cyber Affairs

Understanding of the intersection of cyber vulnerabilities and bioprocess regulation is critical with the rise of artificial intelligence and machine learning in manufacturing. We detail a case study in which we model cyberattacks on network-mediated signals from a novel bioreactor, where it is important to control medium feed rates to maintain cell proliferation. We use a digital twin counterpart reactor to compare glucose and oxygen sensor signals from the bioreactor to predictions from a kinetic growth model, allowing discernment of faulty sensors from hacked signals. Our results demonstrate a successful biomanufacturing cyberattack detection system based on fundamental process control principles.

Characterizing Advanced Persistent Threats Through The Lens Of Cyber Attack Flows, Logan Zeien, Caleb Chang, Ltc Ekzhin Ear, Dr. Shouhuai Xu

Military Cyber Affairs

Effective cyber defense must build upon a deep understanding of real-world cyberattacks to guide the design and deployment of appropriate defensive measures against current and future attacks. In this abridged paper (of which the full paper is available online), we present important concepts for understanding Advanced Persistent Threats (APTs), our methodology to characterize APTs through the lens of attack flows, and a detailed case study of APT28 that demonstrates our method’s viability to draw useful insights. This paper makes three technical contributions. First, we propose a novel method of constructing attack flows to describe APTs. This abstraction allows technical audiences, …

Machine Learning Security For Tactical Operations, Dr. Denaria Fields, Shakiya A. Friend, Andrew Hermansen, Dr. Tugba Erpek, Dr. Yalin E. Sagduyu

Military Cyber Affairs

Deep learning finds rich applications in the tactical domain by learning from diverse data sources and performing difficult tasks to support mission-critical applications. However, deep learning models are susceptible to various attacks and exploits. In this paper, we first discuss application areas of deep learning in the tactical domain. Next, we present adversarial machine learning as an emerging attack vector and discuss the impact of adversarial attacks on the deep learning performance. Finally, we discuss potential defense methods that can be applied against these attacks.

Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar

Military Cyber Affairs

Outer space is a strategic and multifaceted domain that is a crossroads for political, military, and economic interests. From a defense perspective, the U.S. military and intelligence community rely heavily on satellite networks to meet national security objectives and execute military operations and intelligence gathering. This paper examines the evolving threat landscape of the space sector, encompassing natural and man-made perils, emphasizing the rise of cyber threats and the complexity introduced by dual-use technology and commercialization. It also explores the implications for security and resilience, advocating for collaborative efforts among international organizations, governments, and industry to safeguard the space sector.

Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora

Military Cyber Affairs

In a globally commercialized information environment, China uses evolving commercial enabler networks to position and project its goals. They do this through cyber, intelligence, and information operations. This paper breaks down the types of commercial enablers and how they are used operationally. It will also address the CCP's strategy to gather and influence foreign and domestic populations throughout cyberspace. Finally, we conclude with recommendations for mitigating the influence of PRC commercial enablers.

Defiance, Lackland H. Bloom Jr

St. Mary's Law Journal

No abstract provided.

The Politics And Consequences Of State Secession, Olawale Olumodimu

St. Mary's Law Journal

This Article argues that the non-express prohibition of state secession in the Nigerian Constitution does not automatically allow component states to break away unilaterally. It appears the framers of the Constitution wanted to ensure political continuity and national unity rather than allow for Nigeria’s disintegration. Beyond Nigeria, international law only allows unilateral secession in the context of decolonization and the people’s right to self-determination.

Nigeria has a responsibility to provide self-determination to its citizens; however, secession is not a legal channel to seek self-determination in the absence of targeted, widespread, or systemic criminal acts committed by or on behalf of …

Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam

International Law Studies

This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …

Rethinking Supply Chains: Mitigating The Risk Of Chinese Dependence And Protecting Us Semiconductor Intellectual Property, Jamison Finnamore

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper explores the complex economic interdependence between the US, China, and Taiwan, specifically in the semiconductor industry. China’s increased aggression and intellectual property (IP) theft threatens to unbalance the iron triangle of US, China, and Taiwan trade relations. The problem overview elaborates on Taiwan’s crucial role in the semiconductor supply chain, and China’s threat against it. The argument is made that the US must take a nuanced and multifaceted approach to solving the diplomatic, economic, and military policy problem. Criteria for success are outlined, emphasizing the need to address root causes and not compromise US commitment to a free …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - American Revival: Citizenship & Virtue

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

Analysis Of Sun Tzu's Art Of War, Hannah Marchiny

Helm's School of Government Conference - American Revival: Citizenship & Virtue

America faces troubling times with various countries presenting unique threats. Few are more troubling than China. Now more than ever the U.S. needs effective strategies to combat global threats. To that end, I use Sun Tzu’s book Art of War as my main source for strategic wisdom. Sun Tzu’s principles have endured as long as they have because of their continued relevance in every generation and situation. In my paper, I discuss a few of the main tenets of Sun Tzu’s famous Art of War and how China is currently employing them against the U.S. I explain how China’s masterful …

Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni

St. Mary's Law Journal

The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …

The Cartoon Physics Of The Court-Martial, John M. Bickers

West Virginia Law Review

No abstract provided.

Manna From Heaven: The Benefits Of A Uniform Drone Statute In The State Of Mississippi, J. Mason Wood

Mississippi College Law Review

Drones surround us. They are in the Middle East, assisting the United States military in carrying out its missions. They are around our businesses, used by professional photographers, farmers, insurance adjusters, and countless other professionals in a growing number of commercial applications. With the sales of drones expected to skyrocket over the next several years, the state of Mississippi should enact regulations in order to restrict and take advantage of their use.

China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens

The US Army War College Quarterly: Parameters

This article argues that the People’s Republic of China uses its police and internal security forces as a nontraditional means of projecting strategic Landpower in the Indo-Pacific and Central Asia. Instead of limiting analysis of China’s power projection to military forces, this article employs new data on Chinese police engagements abroad to fill a gap in our understanding of the operating environment in Asia. Policymakers will gain an understanding of how these activities enhance China’s presence, partnerships, and influence across the region to inform the development of recommendations for a more effective response.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …

Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels

The US Army War College Quarterly: Parameters

Self-deterrence is critically understudied in deterrence theory. Similarly, deterrence practitioners prefer to focus on adversaries’ threats rather than seeking to account for the full scope of fears influencing the decision calculus of policymakers. Through historical case studies, this article identifies where self-deterrence has occurred, highlights the benefits of incorporating the concept in future strategic planning and intelligence assessments, and recommends that policymakers, strategists, and analysts acknowledge self-deterrence as an important factor when preparing for future wars.