Military, War, and Peace Commons^™

The Other Students: Teaching The "War On Terror" To Nonlawyers, Juliette N. Kayyem

Journal of Legal Education

No abstract provided.

Discourse Of Disobedience: Law, Political Philosophy, And Trials Of Conscientious Objectors, Hadar Aviram

ExpressO

This Article examines the way legal systems respond to social problems through a discursive analysis of a unique and timely issue: conscientious objection to military service based on political and ideological grounds. It explores how legal systems, conducting criminal justice procedures under conditions of warfare and dissent, attempt to maintain balance between addressing the extra-legal challenges presented to them through conscientious objection, and preserving the prevalence of legal inner logic, classification and interpretation.

As opposed to the jurisprudential and philosophical literature about conscientious objection, this Article approaches the issue through an empirical analysis of legal and judicial discourse in a …

Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson

University of Richmond Law Review

No abstract provided.

Reply Brief For Petitioner, Hamdan V. Rumsfeld, No. 04-702 (U.S. Jan. 03, 2005), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl

Scholarly Articles

In Rasul v. Bush, the Supreme Court held that U.S. district courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. In this paper, I explore what has happened since the Rasul decision: most notably, the introduction of combatant status review tribunals as a response to Rasul and the challenges that have been filed thereto and adjudicated in the federal courts (Khalid, In re Guantanamo Detainee Cases); the charges brought against certain detainees by military commissions and challenges to these commissions filed in the …

The Proliferation Security Initiative: Navigating The Legal Challenges, Samuel E. Logan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Invasion Usa: Setting And National Identity In Cold War Film, Jon Radwan

CHDCM Publications

No abstract provided.

Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski

Michigan Journal of International Law

This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …

From Indifference To Engagement: Bystanders And International Criminal Justice, Laurel E. Fletcher

Michigan Journal of International Law

This Article contributes to the scholarship on transitional justice by examining how the legal architecture and operation of international criminal law constricts bystanders as subjects of jurisprudence, considering the effects of this limitation on the ability of international tribunals to promote their social and political goals, and proposing institutional reforms needed to address this limitation.

The United Nations Compensation Commission For Claims Arising Out Of The 1991 Gulf War: The "Arising Prior To" Decision, David D. Caron

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Keynote Address, William H. Taft

American University International Law Review

No abstract provided.

Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng

The Modern American

No abstract provided.

Gonzales V. United States Air Force: Should Courts Consider Rape To Be Incident To Military Service?, Elizabeth A. Reidy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Fair V. Rumsfeld, Michael J. Collins

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii

UIC Law Review

No abstract provided.

Private Military Contractor Liability And Accountability After Abu Ghraib, 38 J. Marshall L. Rev. 1237 (2005), Mark W. Bina

UIC Law Review

No abstract provided.

Is The Solomon Amendment Unconstitutional, Dale Carpenter

Faculty Journal Articles and Book Chapters

No abstract provided.

Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez

Scholarly Articles

After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.

Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez

Scholarly Articles

The first object of this paper, therefore, is to consider in very general terms the intellectual history of the study of the relation between trade and peace, using two key texts from the beginning and the end of the Cold War - first, Kenneth Waltz's "Man, the State, and War: A Theoretical Analysis" 3; and, second, Philip Bobbitt's "The Shield of Achilles: War, Peace, and the Course of History.

The second part of this paper will argue that Waltz's normative commitments are revealed in the order of his presentation and Bobbitt's normative commitments are revealed in the ostensibly descriptive thesis …

Islam, The Law Of War, And The U.S. Soldier, Manuel E.F. Supervielle

American University International Law Review

No abstract provided.

Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier

American University International Law Review

No abstract provided.

Georgia, James Smithwick

Human Rights & Human Welfare

The conflict between Chechnya and Russia combined with September 11 has focused more international attention on the Russian Caucuses. However, little has changed since America declared a War on Terror in the Republic of Georgia. The state turned a blind eye to religious persecution before September 11, and continues to do so. Multiple separatist movements persist in the same manner as they did prior to September 11.

Iran, Syd Dillard

Human Rights & Human Welfare

The West has been conditioned to perceive Iran as hostile, suspect, and promoting terrorism. The conventional wisdom is that Iran is not an “open society”, but one where dissent is repressed. However, the literature, as in the quote above, paints a picture of diverse peoples and political thought. Yet diversity in popular attitudes does not preclude Iran from a troubling human rights record. The more reformers demand and speak out, the more repressive the regime becomes. In defense of these activities, Iran appeals to cultural and religious tradition. Outside its borders, Iran has also been either a sponsor or supporter …

Agora: Icj Advisory Opinion On Construction Of A Wall In The Occupied Palestinian Territory Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman

Articles

No abstract provided.

Comments: Check Your Privacy Rights At The Front Gate: Consensual Sodomy Regulation In Today's Military Following United States V. Marcum, Captain Erik C. Coyne

University of Baltimore Law Review

No abstract provided.

Neotrusteeship In Afghanistan, Melanie Kawano

Human Rights & Human Welfare

Afghanistan is currently under the tentative rule of an international administration, or neotrusteeship, thereby restricting its national sovereignty. However, self-determination and nonintervention have never been persistent features of Afghanistan. Foreign interventions, invasions and great power showdowns on its territory have made a truly autonomous Afghan state a shortlived phenomenon. The outcome at each stage of Afghan history has been an unstable state that seems to invite even more external involvement.

State-Building In Afghanistan, Melanie Kawano, Amy Mcguire

Human Rights & Human Welfare

Since the U.S. intervention in Afghanistan in late 2001, Afghan citizens and members of the global community have been grappling with the question of how to build a state that can fill the void created by decades of conflict and violence. However, the concept of “state-building” is complex. The term describes both an internal process and international assistance; it requires short-term action as well as a long-term vision. While no precise formula for state-building exists, there are historical precedents and “models” of state-building expressed by great powers and multilaterals. In reality, however, these are based on best guesses that fail …

Democratization In Bosnia, Melanie Kawano, Amber Goodman, Chris Saeger

Human Rights & Human Welfare

Democratization in post-conflict, post-Dayton Bosnia has been characterized by many scholars as a “noble experiment”: the West’s guinea pig for internationally initiated post-communist democratization. In a state so wearied by war and dictatorship, democracy would be expected to take root quickly and flourish. However, due to various cultural and political influences, what the Dayton Peace Agreement originally intended to quickly lead to Bosnia’s self-governance has instead resulted in the state’s crippling dependence on external actors. The articles in this section of this bibliography explore the myriad influences (primarily under the umbrella of ethnicity) on the process.

Neotrusteeship In Bosnia, Lauren Ingram

Human Rights & Human Welfare

The conflict in Bosnia resulted in 4.3 million displaced people, 250,000 estimated casualties, and more than 200,000 wounded including 50,000 children. (Cousens and Carter 25). In 1995, these facts became known to the world when the U.N. Protection Force (UNPROFOR), NATO, and the United States were able to reach a peace agreement with warring factions. As in World War II, Bosnian-Serbians, Bosnian-Croatians, Croatians, Muslim were active combatants. However, unlike World War II, no single governing authority emerged. Instead, the U.N., with key U.S. involvement, had to institute not only peace but also an administration that could uphold that peace. The …

State-Building In Bosnia, Chris Saeger

Human Rights & Human Welfare

Although the idea of state-building is at least as contentious as the idea of the state itself, international technocrats and foreign policymakers remain resigned to this project. International state-building has been conceived of as maintaining intermestic social order, protecting individual rights, and consolidating transnational linkages of power. Yet whatever the motive, effect or standard form of state-building, some political organization called “the state” is a necessary condition for membership in international society, if not for protecting individual human rights.