Law Commons^™

The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu

International Law Studies

No abstract provided.

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

Affirming The Ban On Harsh Interrogation, Mary Ellen O'Connell

Mary Ellen O'Connell

Beginning in 2002, lawyers for the Bush Administration began producing the now infamous legal memoranda on the subject of interrogation. The memoranda advise interrogators that they can torture people without fear of prosecution in connection with the so-called global war on terror. Much has been and will be written about the expedient and erroneous legal analysis of the memos. One issue at risk of being overlooked, however, because the memos emphasize torture, is that the United States must respect limits far short of torture in the conduct of interrogations. The United States may not use any form of coercion against …

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, …

Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl

Mark A. Drumbl

This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …

A War Examined: Afghanistan, Todd R. Greentree

The US Army War College Quarterly: Parameters

No abstract provided.

The Female Soldier, Anthony C. King

The US Army War College Quarterly: Parameters

No abstract provided.

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

Gary M. Shaw

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?"

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Greetings And Grievances: A Letter From Afghan Professors, Laurel Oates

Laurel Currie Oates

No abstract provided.

Drone Wars: Risks And Warnings, Alan W. Dowd

The US Army War College Quarterly: Parameters

No abstract provided.

Teacher Attrition: Why Secondary School Teachers Leave The Profession In Afghanistan, Hassan Aslami

Master's Capstone Projects

This study examines factors influencing teacher attrition in public secondary schools in Kabul, Afghanistan. Substantial increments in the school-age population, the Education for All (EFA) mandate, and a “seven-fold” growth in number of students during the last decade have collectively increased the demand for teachers in Afghanistan; whereas, teachers from the public schools are leaving the teaching profession in large numbers. The lack of teachers poses serious challenges for the education system especially for Ministry of Education.

This exploratory study focuses on the reasons for the departure of both current and former teachers. It also explores and suggests some strategies …

An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline

San Diego International Law Journal

This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …

All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart

Law Faculty Publications

No abstract provided.

Agency Of Risk: The Competing Balance Between Protecting Military Forces And The Civilian Population During Counterinsurgency Operations In Afghanistan, Chris Jenks

Faculty Journal Articles and Book Chapters

Using both the International Security Assistance Force’s tactical directive on use of force in Afghanistan and doctrinal concepts from the US military’s counterinsurgency manual, this chapter explores the allocation of risk between the military force and Afghan civilian population. The chapter first reviews civilian and military casualty figures and then uses those numbers as a touchstone against which to consider each group’s perception of the risk they face.

Reality Check: Detention In The War On Terror, Monica Eppinger

Catholic University Law Review

No abstract provided.

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory, Jeffrey F. Addicott

Faculty Articles

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment.

While …

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott

St. Mary's Law Journal

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

All Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …