Military, War, and Peace Commons^™

The New Leviathan, Dennis Patterson

Michigan Law Review

Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …

Tax Incentives: A Means Of Encouraging Research And Development For Homeland Security?, Jennifer L. Venghaus

University of Richmond Law Review

No abstract provided.

Preventive Peacemaking In Macedonia: An Assessment Of U.N. Good Offices Diplomacy, David J. Ludlow

BYU Law Review

No abstract provided.

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …

Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson

Popular Media

The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …

Air Force Women's Access To Abortion Services And The Erosion Of 10 U.S.C. § 1093, Marshall L. Wilde

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Use Of Force Against Terrorism After September 11th: State Responsibility, Self-Defense And Other Responses, Davis Brown

Cardozo Journal of International and Comparative Law

The article examines the legality of the U.S. response to the 9/11 attacks under international law, arguing that the use of force against Al-Qa'ida and the Taliban was lawful. It asserts that states can be held responsible for terrorist acts if they provide support or fail to prevent them, and it critiques the doctrine of defensive armed reprisals while advocating for the use of counter-measures as a legal framework to address terrorism. The analysis emphasizes the importance of proportionality and adherence to international legal standards in responding to such attacks.

A View From The Trenches, Michael A. Newton

Vanderbilt Law School Faculty Publications

As a former armor officer, my roots are literally in the trenches. In sharing my figurative view from the trenches regarding the pursuit of justice, you should know that the pursuit of justice is the very core of our professional ethic among military lawyers. I was also privileged to serve as one of the foot soldiers within the ranks of the Department of State whose diplomatic focus revolved around the pursuit of personal accountability. My "view from the trenches" is therefore centered on a candid discussion of the pragmatic aspects of developing justice systems within the conditions and confines of …

Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Bully Or Friend? The Us In The World Today, St Mary's University

President's Peace Commission - Programs

The President’s Peace Commission existed from 1984 to 2013 at St. Mary's University. The Commission fostered an ethical commitment to participate in the establishment of world peace and social justice.

This program is about the United States in international organizations, the roots of terrorism and international perceptions.

Trends. Group Psychology And War Planning, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the importance of group dynamics and mood in a war setting.

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

Much has changed in the world since the last issue of this journal. All is indeed changed and changed utterly. But we have no terrible beauty with which to console ourselves. For the foreseeable future, the debate over whether we live in a unilateral or multilateral world is moot. A new Rome rules with an arrogance only the truly certain can master.

The invasion of Iraq definitively answered the question: What is the New World Order? America is, and America’s order will continue until Americans themselves decide otherwise, and that, in the short term at least, means whether they will …

Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson

All Faculty Scholarship

This article, written in the wake of the kidnapping and murder of Wall Street Journal reporter Daniel Pearl, questions the failure of Muslims strongly to condemn acts of violence and murder committed by Islamic extremists, and argues that such silence encourages neutral parties to wonder if moderate Muslims may indeed sympathize with "the killers of 'infidels'" - which in turn can lead to fear, bias, and group defamation.

Trends. A Casualty Of War: Suicide As A Response To An American-Led Invasion Of Iraq, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses the political psychology of suicide as protest.

Psychological Operations And An Iatrogenic Threat In Iraq, Ibpp Editor

International Bulletin of Political Psychology

This article describes a psychological phenomenon that might lead to the backfiring of an attempt at employing psychological operations.

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Trends. Personalities, Motivations, And Capabilities: The Iraq-North Korea Distinction, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses and evaluates the handling of public affairs and justifications for military intervention in Iraq by the United States Secretary of State.

Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Terrorism, A History: Stage One, Sharon Harzenski

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Time Warp To 1945 -- Resurrection Of The Reprisal And Anticipatory Self-Defense Doctrines In International Law, Michael J. Kelly

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Aiding The Iraq Debate?, Jeffrey D. Gram

William Mitchell Law Review

Review of The War Over Iraq: Saddam's Tyranny and America's Mission. By Lawrence F. Kaplan and William Kristol. Encounter Books, 2003. 125 pages. $25.95.

Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer

Villanova Law Review (1956 - )

No abstract provided.

Self-Defense And The Use Of Force: Breaking The Rules, Making The Rules, Or Both?, Mark A. Drumbl

Scholarly Articles

This article examines shifts in international law regarding the use of force -- the jus ad bellum -- that emerged in the wake of the September 11, 2001, terrorist attacks and subsequently were invoked in part by the United States and United Kingdom to justify military intervention in Iraq. These shifts import some elasticity -- in time, space, and place -- into the preexisting legal understanding of self-defense. To be sure, the general consensus that supported the use of force in Afghanistan as a legitimate exercise of self-defense has diluted as the use of that force expanded into other theaters …

In The Zone: Why The United States Should Sign The Protocol To The Southeast Asia Nuclear-Weapon-Free Zone, Erik A. Corneillier

Washington International Law Journal

U.S. officials are moving away from supporting international law as a mechanism for preventing the proliferation of weapons of mass destruction. For example, the Bush Administration recently refused to sign the Protocol to the Southeast Asia Nuclear-Weapon-Free Zone ("SEANWFZ"). U.S. officials, relying on a policy of nuclear deterrence, maintain that this treaty unnecessarily limits freedom of navigation, creates the possibility of territorial disputes, and accords overly broad negative security assurances to the region. This Comment argues that these concerns are unfounded, and that signing the Protocol would promote U.S. and world security. Successful implementation of SEANWFZ, which requires support from …

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?