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Articles 31 - 60 of 136
Full-Text Articles in Law
Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield
Culture And Custom In Nation-Building: Law In Afghanistan, Thomas Barfield
Maine Law Review
Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so self-evident. …
Immunity In Contingency Operations: A Proposal For Us Contractors, Ellen "Elle" Klein
Immunity In Contingency Operations: A Proposal For Us Contractors, Ellen "Elle" Klein
The US Army War College Quarterly: Parameters
No abstract provided.
Ends+Ways+Means=(Bad) Strategy, Jeffrey W. Meiser
Ends+Ways+Means=(Bad) Strategy, Jeffrey W. Meiser
The US Army War College Quarterly: Parameters
No abstract provided.
Nation-Building Is An Oxymoron, M. Chris Mason
Nation-Building Is An Oxymoron, M. Chris Mason
The US Army War College Quarterly: Parameters
No abstract provided.
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch
Richmond Journal of Global Law & Business
Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …
Can Law Stop Prosecution Of Afghanistan's Women And Girls For Moral Crimes? Searching For An Effective, Practical Legal Methodology, Tara S. Neal
Intercultural Human Rights Law Review
As a woman working in rule of law in Afghanistan, I was confronted on a daily basis by what it means to be female and the severity of those constraints. This realization began every morning with the choice of what to wear. The daily task of dressing myself in a manner that protected my safety, security, and reputation gave me a tiny glimpse into the lives of Afghan women. I discovered how law is used to reinforce traditional and cultural beliefs and the grave injustices served on Afghanistan's women and girls. I also discovered how vast sums of foreign money …
Cutting The Wire: A Comprehensive Eu-Wide Approach To Refugee Crises, Kelsey Leigh Binder
Cutting The Wire: A Comprehensive Eu-Wide Approach To Refugee Crises, Kelsey Leigh Binder
Brooklyn Journal of International Law
This Note examines the current refugee crisis occurring in the European Union, where over a million refugees have entered the region since the beginning of 2015, and proposes that the EU implement a two-step permanent emergency framework for dealing with mass migration crises. It first looks at the major bodies of international refugee law, including a historical overview of its foundations, the 1951 Convention Relating to the Status of Refugees, and the 1967 Protocol Relating to the Status of Refugees. Next, it will explore the legal mechanisms that are in force throughout the EU, including the EU’s asylum laws and …
An Interview With David H.Petraeus, General (Usa Retired), Usawc Press
An Interview With David H.Petraeus, General (Usa Retired), Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Corruption In Developing Countries: What Keeping It In The Family Means For Everyone Else, Tonita Murray
Corruption In Developing Countries: What Keeping It In The Family Means For Everyone Else, Tonita Murray
Osgoode Hall Law Journal
The United Nations estimates that 30 per cent of all international development funding is lost to corruption. Identifying and understanding the dynamics of how such corruption occurs at the ground level could help to reduce opportunities for the diversion of funds from public purposes to private uses. An analysis of two highly publicized corruption cases in Kenya and one in Afghanistan identifies some common characteristics that may also be present in other cases around the world. The characteristics fall into four categories: (1) political, social, and cultural; (2) governance; (3) people; and (4) international. Different understandings of corruption, weak government …
Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon
Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon
Touro Law Review
No abstract provided.
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Has The United States Lost The Ability To Fight A Major War?, Steven Metz
Has The United States Lost The Ability To Fight A Major War?, Steven Metz
The US Army War College Quarterly: Parameters
No abstract provided.
Practical Considerations For The Development Of Legal Standards For Intervention, Michael J. Matheson
Practical Considerations For The Development Of Legal Standards For Intervention, Michael J. Matheson
Georgia Journal of International & Comparative Law
No abstract provided.
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
Loyola of Los Angeles Law Review
The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
University of Massachusetts Law Review
This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …
Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback
Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback
Northwestern University Law Review
No abstract provided.
Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami
Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami
ILSA Journal of International & Comparative Law
In Afghanistan, the persistence of several problems has caused inefficiency in the criminal procedure.
Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir
William & Mary Journal of Race, Gender, and Social Justice
Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil
Iraq, Afghanistan, And The War On Terrorism: Winning The Battles And Losing The War, Mona Ali Khalil
Georgia Journal of International & Comparative Law
No abstract provided.
Mercenaries, Myrmidons, And Missionaries, Robert Bejesky
Mercenaries, Myrmidons, And Missionaries, Robert Bejesky
University of Arkansas at Little Rock Law Review
No abstract provided.
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin
Georgia Journal of International & Comparative Law
No abstract provided.
Nato's New Trajectories After The Wales Summit, John R. Deni
Nato's New Trajectories After The Wales Summit, John R. Deni
The US Army War College Quarterly: Parameters
No abstract provided.
Reforming The Afghan Security Forces, Daniel Glickstein, Michael Spangler
Reforming The Afghan Security Forces, Daniel Glickstein, Michael Spangler
The US Army War College Quarterly: Parameters
No abstract provided.
Insights From The Army's Drawdowns, Jason W. Warren
Insights From The Army's Drawdowns, Jason W. Warren
The US Army War College Quarterly: Parameters
No abstract provided.
Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell
Options For Avoiding Counterinsurgencies, David H. Ucko, Robert C. Egnell
The US Army War College Quarterly: Parameters
No abstract provided.
Rethinking Small-Footprint Interventions, Stephen Watts, Stephanie Pezard
Rethinking Small-Footprint Interventions, Stephen Watts, Stephanie Pezard
The US Army War College Quarterly: Parameters
No abstract provided.
The National Guard As A Strategic Hedge, James D. Campbell
The National Guard As A Strategic Hedge, James D. Campbell
The US Army War College Quarterly: Parameters
No abstract provided.
A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English
A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English
The Scholar: St. Mary's Law Review on Race and Social Justice
This Comment addresses the legal structures which need to be supported in order to ensure substantial gender equality after allied forces withdraw from Afghanistan. After 2013, justice for abused women in Afghanistan stalled. Research suggests women’s rights and peace in Afghanistan are directly related. The presence of the Taliban and their restrictive rules has many Afghan women fearing for their lives and for the loss of decades of progress in the women’s rights movement. Leaders in Afghanistan must acquire a more liberal interpretation of Sharia law, while staying within the boundaries of the religious and ethnic traditions of the culture. …
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
International Law Studies
No abstract provided.
Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney
Beyond The Battlefield, Beyond Al Qaeda: The Destabilizing Legal Architecture Of Counterterrorism, Robert M. Chesney
Michigan Law Review
By the end of the first post-9/11 decade, the legal architecture associated with the U.S. government’s use of military detention and lethal force in the counterterrorism setting had come to seem relatively stable, supported by a remarkable degree of cross-branch and cross-party consensus (manifested by legislation, judicial decisions, and consistency of policy across two very different presidential administrations). That stability is certain to collapse during the second post-9/11 decade, however, thanks to the rapid erosion of two factors that have played a critical role in generating the recent appearance of consensus: the existence of an undisputed armed conflict in Afghanistan, …