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Military, War, and Peace

2017

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Articles 1 - 30 of 198

Full-Text Articles in Law

Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber Dec 2017

Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber

Cleveland State Law Review

Discipline is often called “the soul of an army.” If this is so, the United States military seems to be experiencing a spiritual crisis. Article 134 of the Uniform Code of Military Justice (UCMJ) allows commanders to punish acts prejudicial to “good order and discipline,” but the reach of this provision has been increasingly limited in recent years. Appellate courts have repeatedly overturned convictions of conduct charged as prejudicial to good order and discipline, and in recent years, the military’s high court has issued a series of decisions limiting the reach of the UCMJ’s “general article.” Congress has also recently …


Neutrality And Outer Space, Wolff Heintschel Von Heinegg Dec 2017

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the …


Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach Dec 2017

Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach

Brooklyn Journal of International Law

Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council (SC) action establishing an international advisory regime and using the broad powers of the SC to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would represent …


From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware Dec 2017

From War To Home: The Systematic Issues Operation Enduring And Iraqi Freedom Veterans Face Transitioning With Ptsd, Tiffany D. Ware

Dissertations

Purpose: The purpose of this phenomenological study was to describe the perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are transitioning from active duty to civilian life, regarding their participation in the Disabled Transition Assistance Program.

Methodology: The methodology for this research study will be qualitative from a phenomenological perspective. When thinking of research as it pertains to qualitative methods, it is appropriate to use when a researcher is trying to study the lived experiences of individuals (Flipp, 2014; Patton, 2015). This method will describe perceptions of Operation Enduring and Iraqi Freedom veterans with PTSD, who are …


Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin Nov 2017

Individual, Not Collective: Justifying The Resort To Force Against Members Of Non-State Armed Groups, Anthony Dworkin

International Law Studies

This article proposes an alternative to the conventional way of deciding when a State may target or detain members of an armed group. Instead of asking whether there is an armed conflict between the State and the group, this article argues that we should look at the State’s justification for the use of force against the group or its members. In a non-international context, this justification is rooted in human rights law. For this reason, the authorization for the resort to force operates on an individual basis, and the State is only justified in using force against individual members of …


Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt Nov 2017

Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt

Luis Chiesa

Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings. First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …


Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell Nov 2017

Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell

University of Miami Law Review

Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …


Honor For Veterans Day November 10, 2017, Roger Williams University Nov 2017

Honor For Veterans Day November 10, 2017, Roger Williams University

Life of the Law School (1993- )

No abstract provided.


Where Have All The Soldiers Gone Ii: Military Veterans In Congress And The State Of Civil-Military Relations, Donald N. Zillman Nov 2017

Where Have All The Soldiers Gone Ii: Military Veterans In Congress And The State Of Civil-Military Relations, Donald N. Zillman

Maine Law Review

In a 1997 essay in these pages, I reported on the fact that a declining number of senators and members of the House of Representatives were veterans of military service. At the height of the Vietnam War, roughly 70% of the members of Congress were veterans. By 1991, the Congress that approved the use of force against Iraq in Operation Desert Storm had only slightly more veterans than non-veterans. Three Congresses later, the percentage of veterans had dropped to 32%. The explanation for the decline is almost certainly not that the American voter no longer likes to elect veterans to …


Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier Nov 2017

Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier

Maine Law Review

A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely …


Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier Nov 2017

Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier

Maine Law Review

The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of people …


Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs Nov 2017

Trending @ Rwu Law: Professor David Coombs's Post: The Immigrant Veteran: Service And Honor 11-14-2017, David Coombs

Law School Blogs

No abstract provided.


An Empirical Look At Commander Bias In Sexual Assault Cases, Eric R. Carpenter Nov 2017

An Empirical Look At Commander Bias In Sexual Assault Cases, Eric R. Carpenter

Eric R. Carpenter

In response to the American military’s perceived inability to handle sexual assault cases, the Uniform Code of Military Justice is undergoing its most significant restructuring since its creation in 1950. Critics point to the high rates of sexual assault case attrition as a sign that the system is failing sexual assault victims. The theory is that commanders are predisposed to believe the offenders and to blame the victims. This bias then causes high levels of attrition as the commanders undervalue the cases and divert them from the legal process. This study tests that causal inference. It measures the attrition of …


Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2017

Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


From The Editor, Antulio J. Echevarria Ii Nov 2017

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Expansibility And Army Intelligence, Rose P. Keravuori Nov 2017

Expansibility And Army Intelligence, Rose P. Keravuori

The US Army War College Quarterly: Parameters

This article provides insights valuable to transitioning America’s military intelligence resources from counterinsurgency operations to the force necessary for responding to a near-peer competitor in a major war.


Clausewitz's Theory Of War And Victory In Contemporary Conflict, Emile Simpson Nov 2017

Clausewitz's Theory Of War And Victory In Contemporary Conflict, Emile Simpson

The US Army War College Quarterly: Parameters

This article considers whether Clausewitz’s account of the nature of war is universal to all wars, in order then to assess how far his concept of victory is universal. While aspects of Clausewitz’s concept of war are still universal, others are not. Accordingly, his theory of victory is not universal to all wars, and especially not to wars fought against transnational terrorist networks.


Making Peace: Next Steps In Colombia, Seth Cantey, Ricardo Correa Nov 2017

Making Peace: Next Steps In Colombia, Seth Cantey, Ricardo Correa

The US Army War College Quarterly: Parameters

After a brief history of the longest-running insurgency in the Western Hemisphere, this article contextualizes recent developments in the transition of the Revolutionary Armed Forces of Colombia (FARC) to legal politics in Colombia. The authors also provide policy recommendations for the US Department of Defense.


Expansibility And Army Special Operations Forces, Eric P. Shwedo Nov 2017

Expansibility And Army Special Operations Forces, Eric P. Shwedo

The US Army War College Quarterly: Parameters

This article examines how Army Special Operations might prepare to expand in the event of a major war by resolving impediments to growth, improving recall procedures, and developing plans to expand training capacities.


Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman Nov 2017

Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman

The US Army War College Quarterly: Parameters

This article examines the potential implications of the combinations of robotics, artificial intelligence, and deep learning systems on the character and nature of war. The author employs Carl von Clausewitz’s trinity concept to discuss how autonomous weapons will impact the essential elements of war. The essay argues war’s essence, as politically directed violence fraught with friction, will remain its most enduring aspect, even if more intelligent machines are involved at every level.


Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor Nov 2017

Lessons Unlearned: Army Transformation And Low-Intensity Conflict, Pat Proctor

The US Army War College Quarterly: Parameters

This article examines the US Army’s experiences and lessons learned during military interventions in Bosnia and Herzegovina and Kosovo. It explores why these lessons did not affect the Army transformation, directed in the late-1990s by James M. Dubik, John W. Hendrix, John N. Abrams, and Eric K. Shinseki.


The Belarus Factor In European Security, Alexander Lanoszka Nov 2017

The Belarus Factor In European Security, Alexander Lanoszka

The US Army War College Quarterly: Parameters

This article challenges strategists to reconsider longheld assumptions associated with the alliance between Belarus and Russia when planning military support for the Baltic states.


Navigating The Third Offset Strategy, Damon V. Coletta Nov 2017

Navigating The Third Offset Strategy, Damon V. Coletta

The US Army War College Quarterly: Parameters

This article suggests adding a “craftsman” at lower ranks to steer private-sector projects through the Third Offset Strategy. This strategy was established by experienced leadership at the Pentagon to increase military acquisitions of automation and artificial intelligence technology.


Parameters Winter 2017 – 2018, Usawc Press Nov 2017

Parameters Winter 2017 – 2018, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Deterrence & Security Assistance: The South China Sea, Tommy Ross Nov 2017

Deterrence & Security Assistance: The South China Sea, Tommy Ross

The US Army War College Quarterly: Parameters

This article identifies how the United States can apply security assistance to support regional security in the South China Sea in order to counter China’s assertive expansion strategy.


Concentration In Naval Science And Technology Egr 201, Joanna Burkhardt Oct 2017

Concentration In Naval Science And Technology Egr 201, Joanna Burkhardt

Library Impact Statements

No abstract provided.


Geopolitics Of Rare Earth Elements, Bert Chapman Oct 2017

Geopolitics Of Rare Earth Elements, Bert Chapman

Libraries Faculty and Staff Presentations

Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military, and …


Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil Oct 2017

Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil

Maine Law Review

Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique in International …


The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek Oct 2017

The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek

Maine Law Review

In the era of international relations ushered in by the end of the Cold War, nation-building has become all the rage. In a burst of Wilsonian optimism, Western countries have sought to recreate failed states in their own image, fashioning new governmental institutions from the ashes of violent conflict or civil collapse. These projects became possible in a fresh environment of international consensus that has prevailed since the middle of the 1990s. Developing improved legal institutions has been considered a particularly important component of any state-building project and has been a primary focus of almost all such efforts. A new …


The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer Oct 2017

The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer

Maine Law Review

Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare—including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological horrors such as nuclear weapons, mini-nukes, and other weapons of mass destruction—is the foremost challenge to the viability of an international constitutional system. The collapse of the League of Nations provided the world with a stark lesson in how aggression and warfare can undo a weak international constitutional regime dedicated to peace …