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Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations Apr 2024

Annotated Supplement To The Commander's Handbook On The Law Of Naval Operations

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft Apr 2024

Chapter 2: International Status And Navigation Of Military Vessels And Military Aircraft

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement Apr 2024

Chapter 3: Protection Of Persons And Property At Sea And Maritime Law Enforcement

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment Apr 2024

Chapter 4: Safeguarding U.S. National Interests In The Maritime Environment

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 1: Legal Divisions Of The Oceans And Airspace Apr 2024

Chapter 1: Legal Divisions Of The Oceans And Airspace

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons Apr 2024

Chapter 10: Chemical, Biological, Radiological, And Nuclear Weapons

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 11: Treatment Of Detained Persons Apr 2024

Chapter 11: Treatment Of Detained Persons

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 12: Deception During Armed Conflict Apr 2024

Chapter 12: Deception During Armed Conflict

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 8: The Law Of Targeting Apr 2024

Chapter 8: The Law Of Targeting

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 9: Conventional Weapons And Weapons Systems Apr 2024

Chapter 9: Conventional Weapons And Weapons Systems

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 7: The Law Of Neutrality Apr 2024

Chapter 7: The Law Of Neutrality

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 6: Adherence And Enforcement Apr 2024

Chapter 6: Adherence And Enforcement

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Chapter 5: Principles And Sources Of The Law Of Armed Conflict Apr 2024

Chapter 5: Principles And Sources Of The Law Of Armed Conflict

International Law Studies

The Commander’s Handbook on the Law of Naval Operations is used in the United States and throughout the world as a restatement of U.S. doctrinal law positions on matters affecting the operations of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard. Judge advocates and legal advisers have occasion to conduct deeper research to identify the context and source of the rules reflected in the Commander’s Handbook. Responding to this need, an Annotated Supplement to The Commander’s Handbook was produced in 1997 and published as volume 73 of International Law Studies. In the intervening decades, …


Proportionalities, Youngjae Lee Apr 2024

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …


Parameters Spring 2024, Usawc Press Mar 2024

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


From The Editor In Chief, Antulio J. Echevarria Ii Mar 2024

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!


International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze Mar 2024

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 …


“Unwilling Or Unable”, Lucy V. Jordan Mar 2024

“Unwilling Or Unable”, Lucy V. Jordan

International Law Studies

Critics of the unwilling or unable doctrine suggest that it could undermine the United Nations collective security system and argue that it requires an unacceptable ceding of a State’s territorial sovereignty. Increased reliance on the doctrine following the terrorist attacks of 9/11, particularly in relation to the use of force against ISIL in Syria since 2014, has caused the doctrine to face significant scrutiny. The purpose of this article is to ascertain whether the unwilling or unable doctrine has reached customary international law status. If found to be the case, the doctrine would confirm the right of States to act …


Imminence Should Not Be A Controlling Factor In The Duress Defense In The Context Of Battered Women, Jacqueline Fink Jan 2024

Imminence Should Not Be A Controlling Factor In The Duress Defense In The Context Of Battered Women, Jacqueline Fink

Touro Law Review

Domestic violence is a silent killer that attacks quickly. This Note specifically discusses the Battered Woman Syndrome and the need to explore the current laws that “protect” this group. Current laws in a majority of states create a barrier that blocks battered women from obtaining the justice that should be given to all citizens. When the abused woman is at an impasse in her relationship, she may be forced to make a life-or-death decision. More likely than not, the result becomes the worst possible outcome. Domestic violence continues to be higher amongst women than men, where women are emotionally, as …


The Fugazi Second Amendment: Bruen's Text, History, And Tradition Problem And How To Fix It, Patrick J. Charles May 2023

The Fugazi Second Amendment: Bruen's Text, History, And Tradition Problem And How To Fix It, Patrick J. Charles

Cleveland State Law Review

This Article critiques the Supreme Court’s use of text, history, and tradition in New York Rifle & Pistol Association, Inc. v. Bruen. In doing so, not only is the Supreme Court’s approach to history-in-law in Bruen called into question, but also the Article provides the courts with an historically objective and even-keeled ‘way-ahead’ for future Second Amendment cases and controversies.


Women Who Kill: Providing And Justifying Alternative Legal Pathways To The Use Of Battered Women Syndrome As Self-Defense, Sara Das May 2023

Women Who Kill: Providing And Justifying Alternative Legal Pathways To The Use Of Battered Women Syndrome As Self-Defense, Sara Das

Honor Scholar Theses

No abstract provided.


The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin Mar 2023

The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin

Marquette Law Review

Reflecting back a decade later, what is the enduring significance of the Trayvon Martin case—a Black teenager whose life is violently cut short, and a legal system that accepted his death without consequence? The poet Elizabeth Alexander speaks of “The Trayvon Generation” of Black youth who have grown up in the haunting shadow of his killing, and the anguished parents who cannot protect their children from such a fate. America’s first Black president spoke for them: “When I think about this boy, I think about my own kids. If I had a son, he’d look like Trayvon,” Barack Obama told …


Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A. H. Miller Jan 2023

Firearms Law And Scholarship Beyond Bullets And Bodies, Joseph Blocher, Jacob D. Charles, Darrell A. H. Miller

Faculty Scholarship

Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, …


Self-Defense Exceptionalism And The Immunization Of Private Violence, Eric Ruben Jan 2023

Self-Defense Exceptionalism And The Immunization Of Private Violence, Eric Ruben

Faculty Journal Articles and Book Chapters

After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly attention. In recent years, most commentary about self-defense has focused on “Stand Your Ground” policies that remove the duty to retreat before using lethal force. But the reaction to Rittenhouse’s case reflects a different, more extreme way that the law governing defensive force is changing. In particular, advocates and legislators say that private citizens like Rittenhouse who exercise self-defense should be entitled to immunity—an exemption from prosecution—giving them an extraordinary procedural benefit not attaching to other defenses that are adjudicated …


Strengthening The Law Of Self-Defense After Bruen, Cynthia Lee Jan 2023

Strengthening The Law Of Self-Defense After Bruen, Cynthia Lee

GW Law Faculty Publications & Other Works

On June 22, 2022, the Supreme Court issued its opinion in New York State Rifle & Pistol Association v. Bruen, striking down New York’s over 100-year-old law requiring individuals seeking to carry a firearm concealed in public to show a special need for self-protection. Holding that New York’s law violated the Second Amendment, the Court rejected the means-end scrutiny that lower courts had previously used to determine whether firearms restrictions comported with the Second Amendment, explaining that the appropriate test for evaluating the constitutionality of a firearms restriction is whether it is consistent with the Second Amendment’s text and historical …


Failed Promises: Stand Your Ground's Removal Of Imminence Leads To Inconsistent Application And Decreased Safety, Nichole Hamsher Apr 2022

Failed Promises: Stand Your Ground's Removal Of Imminence Leads To Inconsistent Application And Decreased Safety, Nichole Hamsher

Akron Law Review

Self-defense, while universally recognized as a natural human right, embodies a complex set of scenarios that hinges on the level, place, and imminence of a threat to life. The modern expansion of self-defense laws, namely Stand Your Ground, allows for a wholly subjective anticipation of a threat by removing the duty to retreat, and withdraws both criminal and civil accountability. Such expansion has not afforded increased protection to those who need to use force in self-defense, such as domestic abuse victims, nor has it lowered crime rates, but actually works against such victims and increased homicide rates while not deterring …


Firearms And Initial Aggressors, Cynthia Lee Jan 2022

Firearms And Initial Aggressors, Cynthia Lee

GW Law Faculty Publications & Other Works

Under the initial aggressor doctrine, an “initial aggressor” loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine front and center of the national conversation on issues concerning self-defense and racial justice. One involved Kyle Rittenhouse, the 17-year-old teenager who brought an AR-15 style rifle to Kenosha, Wisconsin during the third night of racial protests in August 2020, and ended up shooting three men, killing two and injuring the third. The other …


Police Use Of Force Laws In Texas, Gerald S. Reamey Sep 2021

Police Use Of Force Laws In Texas, Gerald S. Reamey

St. Mary's Law Journal

Abstract forthcoming.


The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider Aug 2021

The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider

Northwestern University Law Review

No abstract provided.


The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund Aug 2021

The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund

Northwestern University Law Review

No abstract provided.