Military, War, and Peace Commons^™

The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel

Maryland Journal of International Law

No abstract provided.

The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez

Maryland Journal of International Law

No abstract provided.

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.

The Military's Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila

Journal Articles

Workplace flexibility is a tool the military may use to support its operations, improve the recruitment and retention of military personnel, and fulfill its obligation to support veterans and military families. The return of combat troops from Iraq provides a valuable catalyst to take stock of the use of workplace flexibility in the U.S. military and employers supporting the military community. While the unique critical needs of the military are an inescapable variable when creating laws and policies, the military must meet the workplace flexibility needs of its services members and their families to maximize the effectiveness and efficiency of …

Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl

Books and Chapters

The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …

The Legal And Ethical Limits Of Technological Warfare: Introduction, Amos N. Guiora

Utah Law Review

Deciding a year in advance the theme of a law review symposium is, at best, a tricky proposition. The considerations are varied: what topic will be relevant to academics and policymakers, who shoul dbe invited as panelists, how will invited individuals mix and collaborate with each other, what issue will be of interest to the larger community, and what kind of contribution will the symposium and subsequent publications make to the issue chosen? In conjunction with the Utah Law Review Board and faculty collegues, we decided that addressing the legal and ethical aspects of technological warfare met the criteria we …

Military Veterans, Culpability, And Blame, Youngjae Lee

Faculty Scholarship

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are …

Disaggregating Disasters, Ronnell Anderson Jones, Lisa Grow Sun

Utah Law Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …

A Study On The Efficacy Of The Kampala Amendments For Suppression Of Aggression: Examined By The Case Of Armed Conflicts In The Korean Peninsula, Nu Ri Jung

Loyola University Chicago International Law Review

No abstract provided.

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

The repeal of DADT represents the triumph of non-discrimination rhetoric, while the MLDC's report stands for a renewed effort to expand the military's affirmative action policies for the benefit of people of color and women: two historically subordinated groups in the U.S. military. The repeal of DADT may have purchased equality for LGB service members, but at a premium. The strategic decision to rally around the non-discrimination model, I argue in this Article, will reinforce the continued subordination of LGB service members. As an alternative, I propose the application of kakou principles to military policies and programs for integrating LGB …

The Paradoxes Of Restitution, Mark A. Edwards

Faculty Scholarship

Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.

First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.

Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …

Targeting And The Concept Of Intent, Jens David Ohlin

Michigan Journal of International Law

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …

2012 Federal Legislative Review, Carolyn Greenshields, Kimberly White Laduca

Animal Law Review

No abstract provided.

Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman

Scholarly Works

The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …

Dismantling America’S Largest Sleeper Cell: The Imperative To Treat, Rather Than Merely Punish, Active Duty Offenders With Ptsd Prior To Discharge From The Armed Forces, Evan R. Seamone

Journal Articles

By separating combat veterans with uniquely military discharges that make many ineligible for effective PTSD treatment, the active duty armed forces are creating a class of future offenders, specially trained to be lethal, whose violent acts against themselves, their families, and the public collectively amass more casualties, incur more costs, and drain more resources in the homeland than the underlying traumatic episode in the war zone. The obligation to treat these offenders and help them successfully transition to civilian society with preserved VA benefits before discharge is not merely a laudatory goal of therapeutic jurisprudence, but a mandate under the …

Juvenile Pirates: "Lost Boys" Or Violent Criminals?, Milena Sterio

Law Faculty Articles and Essays

Piracy off the coast of Somalia has flourished over the past decade, and has both caused a global crisis in maritime shipping and destabilized regional security in East Africa. In addition, piracy attacks have spread more recently to the coast of West Africa, and in particular, the Gulf of Guinea. Thus, piracy is an ongoing global issue that should continue to occupy many maritime nations in the near future, and one that should command continuous scholarly attention.

This article examines the issue of juvenile piracy, with a specific focus on the treatment of juvenile piracy suspects by both the capturing …

Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock

Articles

No abstract provided.

Transitions From War To Peace, Caroline A. Hartzell

Political Science Faculty Publications

The Elgar Handbook of Civil War and Fragile States brings together contributions from a multidisciplinary group of internationally renowned scholars on such important issues as the causes of violent conflicts and state fragility, the challenges of conflict resolution and mediation, and the obstacles to post-conflict reconstruction and durable peace-building. This chapter examines the state of current knowledge regarding transitions from war to peace following civil wars.

Notice And An Opportunity To Be Heard Before The President Kills You, Richard Murphy, Afsheen John Radsan

Faculty Scholarship

The United States identifies particular people as especially dangerous members of al Qaeda, the Taliban, or associated forces, and then kills them. Critics insist that this targeted killing is illegal; some go so far as to call it assassination. The drone strike that killed Anwar al-Awlaki, an American citizen, generated furious criticism for purportedly violating his due process rights.

In spring 2013, President Obama responded in a wide-ranging speech on national security policy. On the topic of drones, he stated that terrorists are targeted only if they constitute “a continuing and imminent threat to the American people.” He announced that …

Outer Space Law Principles And Privacy, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

When the space law era was ushered in during the late 1950s, it was already clear to some observers that, sooner or later, life on Earth would be monitored from a distance without those living on it necessarily knowing about it—Big Brother in optima forma.

At the same time, with space activities primarily being undertaken by the two superpowers and their acolytes for military/strategic/political purposes (and secondarily for scientific ones), such concerns largely focused on spying in the context of the Cold War. Satellites clearly were excellent tools for finding the whereabouts of the opponent’s tanks, troops, aircraft, warships, …

Crashing The Misdemeanor System, Jenny M. Roberts

Scholarly Articles in Law Reviews & Journals

With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.

Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …

Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters

Articles by Maurer Faculty

One might expect massed armor crossing an international frontier to constitute the paradigmatic example of aggression — a case perfectly fit to analyze with the rules of jus ad bellum — and in the first flush and shock of the Georgian War in 2008, this is exactly how Western leaders described Russia’s actions. Yet that August, a constellation of circumstances combined to produce an anomalous outcome: an international war without any aggressor or any wrongful violation of territorial integrity. In theory — in doctrine — this is not supposed to happen.

The key to this puzzle is the special regime …

Hunting For Huntington’S Evidence: An Empirical Reassessment Of The Clash Of Civilizations Theory, John Daniel Shindelar

Political Science Theses and Capstones

I inquire into Samuel P. Huntington’s clash of civilizations theory as outlined in his landmark The Clash of Civilizations. I explore conflicts starting at the end of the Cold War to 2007 in order to examine whether Huntington’s theory has been materializing (there is a marked increase in conflicts between Civilizations, and they have become more intense) or if the face of conflicts has stayed relatively similar to Cold War era clashes. I use International Crisis Behavior data on conflicts since the fall of the U.S.S.R. which Huntington cites as the end of a bipolar world and the beginning of …

Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson

Cardozo Journal of International and Comparative Law

The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.

Prosecutor V. Perišić, Case No. It-04-81-A, International Criminal Tribunal For The Former Yugoslavia, Chris Jenks

Faculty Journal Articles and Book Chapters

This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić formulation the case may, sadly, signal the fragmentation of international criminal law.

Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks

Faculty Journal Articles and Book Chapters

When should a suspected terrorist receive Miranda warnings, and should confessions obtained without obtaining a waiver of the Miranda right to silence and assistance of counsel be admissible at trial? The answer to this question turns on the scope of what is known as the Public Safety Exception (PSE) to the Miranda warning and waiver requirement. Established by the Supreme Court in 1984 in New York v. Quarles, the exception allows the use of confessions obtained from suspects questioned after being placed in custody (the situation that triggers the Miranda warning and waiver requirement) when the questions respond to an …

Introductory Note To Prosecutor V. Perišić, International Criminal Tribunal For The Former Yugoslavia (Icty), Chris Jenks

Faculty Journal Articles and Book Chapters

This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić formulation the case may, sadly, signal the fragmentation of international criminal law.

Law As Shield, Law As Sword: The Icc's Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Direct Participation In Hostilities, Chris Jenks

Faculty Journal Articles and Book Chapters

The International Criminal Court’s Lubanga decision has been hailed as a landmark ruling heralding an end to impunity for those who recruit and employ children in armed conflict and a pivotal victory for the protection of children. Overlooked amidst this self-congratulation is that the ICC incorrectly applied the law governing civilian participation in hostilities which perversely places child soldiers at greater risk of being attacked. The Court created a false distinction between active and direct participation in hostilities. Expanding the kinds and types of behaviors that constitute children actively participating in hostilities expanded Lubanga's liability. But under the law of …

Organizing For Cyberspace Operations: Selected Issues, Paul Walker

International Law Studies

No abstract provided.