Military, War, and Peace Commons^™

Afghanistan: Strategy And War Termination, Christopher Tuck

The US Army War College Quarterly: Parameters

No abstract provided.

The Internet, New Media, And The Evolution Of Insurgency, Steven Metz

The US Army War College Quarterly: Parameters

No abstract provided.

Coin Is Dead—Long Live Transformation, Cora Ford, Patrick Rose, Howard Body

The US Army War College Quarterly: Parameters

No abstract provided.

Editor's Shelf, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Off The Press, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer

University of Miami National Security & Armed Conflict Law Review

In Fall 2011, U.S. and EU negotiators agreed on new parameters for the collection, processing, use, storage and crossborder transfer of Passenger Name Record (PNR) data. 2011 also marks the tenth anniversary of the September 11, 2001 terrorist attacks on the World Trade Center in New York City and the Pentagon in Washington D.C., which provides the historic reason for the cooperation in this area. These two events thus provide a timely basis and background against which to review the ten year history of the cooperation between the U.S. and the EU in PNR information management.

This article maps the …

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum

University of Miami National Security & Armed Conflict Law Review

This paper calls on the United States to assess where its true interests lie in evaluating genocide and mass killings. Through an examination of the social and political factors which were paramount in bringing about the atrocities in Cambodia in the late 1970s and Rwanda in the mid-1990s, the U.S. is urged to take heed of the tried-and-true methods used by ruthless regimes throughout history in bringing about the destruction of their own citizenry. Consideration of the psychological imperatives necessary for ordinary men or women to depart from the standard boundaries of civilized society and butcher their neighbors and countrymen …

Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser

University of Miami National Security & Armed Conflict Law Review

In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces——or mercenaries——in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so objectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Geneva Conventions. In Silent Partners, I propose utilizing the norm against mercenary use as a theoretical framework to understand at …

Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …

Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine

University of Miami National Security & Armed Conflict Law Review

This note considers the application of the International Traffic and Arms Regulations (““ITAR””) framework and proposes statutory and policy modifications to promote both national security and industry growth. ITAR is the regulatory framework that controls the export of munitions and defense technologies from the United States. However, as applied, free trade is now grossly over-regulated to such an extent that both significant market share and industry opportunity have been lost and national security itself has simultaneously been threatened. Due to heavy restrictions, many previous industry partners are now looking elsewhere for trade and systematically avoiding the United States for inclusion …

Major League Security: Overcoming Legal Challenges Of Sporting Event Security Systems, Jorge Martinez

University of Miami National Security & Armed Conflict Law Review

This article will discuss emerging threats to major sporting events and suggest methods to defend fans and athletes through strengthening security systems and procedures. One problem with strengthening security systems, however, is that in many cases, increased security means less personal privacy. This article will briefly review security measures that have traditionally been in place, juxtapose newly developed security measures, assess the effectiveness and constitutionality of each measure, and propose a working security system to be used at such events. Ultimately, an ideal security system of the future will have to incorporate developments in various fields and will take time …

Habeas Corpus Outside U.S. Territory: Omar V. Geren And Its Effects On Americans Abroad, John Wright

University of Miami National Security & Armed Conflict Law Review

The contention between habeas corpus rights and national security interests has been ongoing since the ratification of the U.S. Constitution. History proves that this relationship becomes especially precarious during times of conflict, from the U.S. Civil War and continuing through the War on Terrorism, which began in 2001.

This paper focuses on one of the most recent limitations placed on the right of habeas corpus as determined by the federal judiciary: that a writ of habeas corpus will not stay the transfer of a U.S. citizen to a foreign sovereign’’s authorities to face charges for alleged crimes committed within that …

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …

Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt

Journal Articles

Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.

First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …

Revisiting Extraterritoriality After Al-Skeini: The Echr And Its Lessons, Barbara Miltner

Michigan Journal of International Law

On July 7, 2011, the European Court of Human Rights, sitting as a Grand Chamber, handed down two long-awaited judgments on the subject of the extraterritorial reach and scope of the European Convention on Human Rights (ECHR). In both Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom, the underlying issue was whether or not the United Kingdom was bound by its treaty obligations under the ECHR with regard to its military presence in Iraq. Al-Skeini involved the joined claims of six Iraqi nationals whose relatives were killed while allegedly under U.K. jurisdiction in Iraq; they claimed a lack of …

From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell

Human Rights & Human Welfare

Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.

Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies, Jennifer Joseph

Pepperdine Law Review

No abstract provided.

Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann

Pepperdine Law Review

No abstract provided.

Repairing The Consequences Of Ethnic Cleansing, John Quigley

Pepperdine Law Review

No abstract provided.

A Critique Of The Report Of The Panel On United Nations Peace Operations, H. B. Mccullough

Pepperdine Law Review

No abstract provided.

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs (2012 - Present)

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side, David Cole

Georgetown Law Faculty Publications and Other Works

Was the Bush administration’s decision to employ “enhanced interrogation techniques” a mistake of policy, a violation of law, or both? This essay responds to Philip Zelikow’s insider account of how the decision to use these techniques was reached. The author suggests that while Zelikow makes a strong case that the decision to authorize the CIA to use coercive interrogation tactics was a mistaken policy judgment, it is important not to lose sight of the fact that it was also illegal. The latter conclusion demands a different response than the former. In particular, it underscores the necessity for accountability. The author …

The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting

Pepperdine Dispute Resolution Law Journal

On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …

The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne

Law Faculty Research Publications

The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference in …

Libya: A Multilateral Constitutional Moment?, Catherine Powell

Georgetown Law Faculty Publications and Other Works

The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …

Heroism, Valor, And Deceit: False Claims Of Military Awards And The First Amendment, Robert J. Juge Iii

Cardozo Public Law, Policy & Ethics Journal

Rick Duncan always wanted to serve his country. His military career started at the United States Naval Academy at Annapolis. As a Marine Corps Captain, he served with distinction as a Nuclear Missile Launch Officer. Serving at the Pentagon during the 9/11 attacks, he quickly volunteered for a combat tour in Iraq. While commanding a Marine Battalion in Fallujah, he was struck by a roadside bomb, which resulted in permanent brain trauma and cost him his finger, forcing him to return home. After receiving a Silver Star and a Purple Heart for his gallantry, he refused to give up. If …

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …