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To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson Nov 2012

To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson

Penn State Journal of Law & International Affairs

More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …


From The Editor, Robert H. Taylor Sep 2012

From The Editor, Robert H. Taylor

The US Army War College Quarterly: Parameters

No abstract provided.


The Afghanistan Experience: Democratization By Force, Cora Sol Goldstein Sep 2012

The Afghanistan Experience: Democratization By Force, Cora Sol Goldstein

The US Army War College Quarterly: Parameters

No abstract provided.


Coin Is Dead—Long Live Transformation, Cora Ford, Patrick Rose, Howard Body Sep 2012

Coin Is Dead—Long Live Transformation, Cora Ford, Patrick Rose, Howard Body

The US Army War College Quarterly: Parameters

No abstract provided.


Afghanistan: Strategy And War Termination, Christopher Tuck Sep 2012

Afghanistan: Strategy And War Termination, Christopher Tuck

The US Army War College Quarterly: Parameters

No abstract provided.


Methods And Means Of Naval Warfare In Non-International Armed Conflict, Wolff Heintschel Von Heinegg Aug 2012

Methods And Means Of Naval Warfare In Non-International Armed Conflict, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin Aug 2012

An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin

International Law Studies

No abstract provided.


Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper Aug 2012

Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper

International Law Studies

No abstract provided.


State-Society Incompatibility And Forced Migration: The Violent Development Of Afghanistan Under Socialist, Islamist, And Capitalist Regimes, Jeremy Hein, Tarique Niazi Jan 2012

State-Society Incompatibility And Forced Migration: The Violent Development Of Afghanistan Under Socialist, Islamist, And Capitalist Regimes, Jeremy Hein, Tarique Niazi

Societies Without Borders

The state-centric theory of forced migration presents the nation-state as the ultimate sanctuary of citizen rights. It posits that forced migration results from state instability, which is caused by geopolitical or national identity conflict. In either case, it contends that the sources of forced migration are exogenous to the state. This paper argues that under certain conditions the state becomes an endogenous cause of refugees and internally displaced persons. These conditions occur when the state deploys violence to dominate society. Using the case of Afghanistan, we document that since 1973 a series of Socialist, Islamist, and Capitalist regimes have engaged …


Due Process In American Military Tribunals After September 11, 2001, Gary Shaw Jan 2012

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"


Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel Jan 2012

Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel

Nevada Law Journal

No abstract provided.


Implementing International Anti-Corruption Standards To Improve Afghanistan's Education System, Adam J. Centner Jan 2012

Implementing International Anti-Corruption Standards To Improve Afghanistan's Education System, Adam J. Centner

Case Western Reserve Journal of International Law

No abstract provided.