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Articles 151 - 180 of 260
Full-Text Articles in Military, War, and Peace
The United States, Israel, And Unlawful Combatants, Curtis A. Bradley
The United States, Israel, And Unlawful Combatants, Curtis A. Bradley
Faculty Scholarship
This essay considers how members of a terrorist organization should be categorized under international law when the organization is engaged in an armed conflict with a nation. The proper categorization can have significant implications for the nation’s authority under both international and domestic law to subject members of a terrorist organization to military targeting and detention. As a result of judicial decisions, Israel ostensibly follows a two category approach, pursuant to which anyone who is not a lawful combatant, including a member of a terrorist organization, is a civilian. The United States, by contrast, currently follows a three category approach, …
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
The Ethical Dimensions Of National Security Law, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.
Towards A Cyberspace Legal Regime In The Twenty-First Century: Considerations For American Cyber-Warriors, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Untying The Gordian Knot: A Proposal For Determining Applicability Of The Laws Of War To The War On Terror, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Exercising Passive Personality Jurisdiction Over Combatants: A Theory In Need Of A Political Solution, Eric Talbot Jensen
Faculty Scholarship
On March 4, 2005, a car carrying Nicola Calipari and Andrea Carpani, members of the Italian Ministry of Intelligence, and Giuliana Sgrena, a journalist who had been taken hostage one month before and who had just been released and was on her way back to Italy, was traveling to the Baghdad Airport. The car was fired on by US forces from a checkpoint, killing Mr. Calipari and wounding Ms. Sgrena and Mr. Carpani. As a result of this tragic event, a joint investigation occurred and but Italy and the United States could not agree on the results. The United States …
Gentlemen Under Fire: The U.S. Military And "Conduct Unbecoming", Elizabeth L. Hillman
Gentlemen Under Fire: The U.S. Military And "Conduct Unbecoming", Elizabeth L. Hillman
Faculty Scholarship
No abstract provided.
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Judicial Power And Moral Ideology In Wartime: Shaping The Legal Process In World War I Britain , Rachel Vorspan
Faculty Scholarship
Offering a cautionary lesson of contemporary significance, the Article suggests that judicial power is not in and of itself the solution to executive infringements on due process rights in wartime. It examines the response of the British judiciary to serious threats to its institutional power during the First World War. To facilitate prosecution of the war, the government narrowed the jurisdiction of the traditional courts by eliminating jury trial, subjecting civilians to court-martial, and establishing new administrative tribunals to displace the traditional courts. Rather than remaining passive and deferential to the executive, as scholars have generally assumed, the judges moved …
Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.
Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Silence Of The Laws? Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke, Michael W. Doyle, Geoffrey S. Carlson
Silence Of The Laws? Conceptions Of International Relations And International Law In Hobbes, Kant, And Locke, Michael W. Doyle, Geoffrey S. Carlson
Faculty Scholarship
This Essay explains how the political theorists Hobbes, Kant, and Locke interpret the decision to go to war (us ad bellum) and the manner in which the war is conducted (just in bello). It also considers the implications of the three theories for compliance with international law more generally. It concludes that although all three can lay claim to certain key features of modern international law, it is Locke who provides the most complete support for both the laws of war, in particular, and with international law, in general.
Detention As Targeting: Standards Of Certainty And Detention Of Suspected Terrorists, Matthew C. Waxman
Detention As Targeting: Standards Of Certainty And Detention Of Suspected Terrorists, Matthew C. Waxman
Faculty Scholarship
To the extent that a state can detain terrorists pursuant to the law of war, how certain must the state be in distinguishing suspected terrorists from nonterrorists? This Article shows that the law of war can and should be interpreted or supplemented to account for the exceptional aspects of an indefinite conflict against a transnational terrorist organization by analogizing detention to military targeting and extrapolating from targeting rules. A targeting approach to the detention standard-of-certainty question provides a methodology for balancing security and liberty interests that helps fill a gap in detention law and helps answer important substantive questions left …
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Faculty Scholarship
On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
A Military Salute, Paul D. Carrington
Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad
Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad
Faculty Scholarship
No abstract provided.
Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley
Terror And The Law: The Limits Of Judicial Reasoning In The Post-9/11 World (Review Essay), Curtis A. Bradley
Faculty Scholarship
reviewing, Benjamin Wittes, Law and the Long War: The Future of Justice in the Age of Terror (2008)
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen
Faculty Scholarship
The intermixing of combatants with civilians while engaging in hostilities violates one of the most fundamental principles of the law of armed conflict: the principle of distinction. This bedrock principle of the law of war requires those involved in conflict to mark themselves so they can be distinguished from those who are not involved in combat. The most common method of compliance is for combatants to wear a uniform. By requiring distinction, both combatants and civilians know who is involved in the combat and who is not. Derogation from the principle of distinction is among the most serious issues facing …
Post-Conflict Reconstruction, Eric Talbot Jensen
Post-Conflict Reconstruction, Eric Talbot Jensen
Faculty Scholarship
No abstract provided.
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
The Political Balance Of Power Over The Military: Rethinking The Relationship Between The Armed Forces, The President, And Congress, Geoffery S. Corn, Eric Talbot Jensen
Faculty Scholarship
Recent events related to the planning and execution of the war in Iraq, most notably the perceived 2003 "firing" of then Army Chief of Staff Eric Shinseki, have raised concerns over the effect of Executive Branch dominance of the military and how that dominance impacts the ability of Congress to obtain timely and important information. Such actions, perceived to discourage members of the military from providing candid views to Congress when they differ with the Administration, even if implied instead of express, strike at the very core of the founder's intent to balance military power within the national government. The …
Endless Emergency: The Case Of Egypt, Sadiq Reza
Endless Emergency: The Case Of Egypt, Sadiq Reza
Faculty Scholarship
The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature of everyday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework of emergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions …
"Don't Ask, Don't Tell" Panel Four: Service Member Experiences, Elizabeth L. Hillman
"Don't Ask, Don't Tell" Panel Four: Service Member Experiences, Elizabeth L. Hillman
Faculty Scholarship
No abstract provided.
Hamdan Confronts The Military Commissions Act Of 2006, George P. Fletcher
Hamdan Confronts The Military Commissions Act Of 2006, George P. Fletcher
Faculty Scholarship
In 2006 the law of war experienced two major shock waves. The first was the decision of the Supreme Court in Hamdan, which represented the first major defeat of the President's plan, based on an executive order of November 2001, to use military tribunals against suspected international terrorists. The majority of the Court held the procedures used in the military tribunal against Hamdan violated common article three of the Geneva Conventions. A plurality offour, with the opinion written by Justice Stevens, based their decision as well on afar-reaching interpretation of the substantive law of war. They held that conspiracy …
The Law Of War And Its Pathologies, George P. Fletcher
The Law Of War And Its Pathologies, George P. Fletcher
Faculty Scholarship
War is with us more than ever. This is true despite the efforts of the United Nations Charter to ban the concept of war from the vocabulary of its member states. The preferred term is armed conflict. True, the Charter does refer to the Second World War, but apart from this concession to historically entrenched labels, the W word appears only once-when the Charter refers to ridding the world of the scourge of war. The Geneva Conventions, adopted a few years later, follow the same pattern. George Orwell could not be more amused. We change the vocabulary and think we …
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Guantanamo Three Step, Joseph Blocher
After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George
After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George
Faculty Scholarship
This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …
Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen
Incentivizing And Protecting Informants Prior To Mass Atrocities Such As Genocide: An Alternative To Post Hoc Courts And Tribunals, Eric Talbot Jensen
Faculty Scholarship
International institutions are almost exclusively reactive to violations of international law. There are very few systemic methods of proactively trying to prevent egregious violations such as genocide; rather, international law seems to take punishing violators as its sole approach. In modern times, most of the punishment and post-event enforcement has come through international courts and tribunals. These courts and tribunals are astoundingly expensive and notoriously inefficient. More importantly, the threat of prosecution does not appear to act as an effective deterrent in preventing criminal acts. This is unacceptable. With hundreds of thousands of lives at stake, the international community must …
Waging War Against Terror: An Essay For Sandy Levinson, Philip Chase Bobbitt
Waging War Against Terror: An Essay For Sandy Levinson, Philip Chase Bobbitt
Faculty Scholarship
Wars are acts of State, and therefore there has never been a "war on terror." Of course states have fought terrorism, in many guises, for centuries. But a war on terror had to await the development of states – including virtual states like al Qaeda's global ummah – whose constitutional order was not confined to a particular territory or national group and for whom terror could therefore be a permanent state of international affairs, either sought in order to prevent persons within a state's control from resisting oppression by accessing global, empowering resources and networks, or suffered because other states …
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.
Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.