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Military, War, and Peace Commons

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2016

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Articles 151 - 180 of 261

Full-Text Articles in Military, War, and Peace

Measuring The Effectiveness Of America's War On Terror, Erik W. Goepner Mar 2016

Measuring The Effectiveness Of America's War On Terror, Erik W. Goepner

The US Army War College Quarterly: Parameters

No abstract provided.


Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer Mar 2016

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Nevada Law Journal

No abstract provided.


Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof Feb 2016

Too Many Cooks In The Kitchen: Examining The Major Obstacles To Achieving Peace In Syria's Civil War, Amanda Pitrof

Pepperdine Dispute Resolution Law Journal

The struggle for peace has been waged over and over, in numerous countries. Syria is no exception. It is a country with a history of violent conflict and political instability. The current regime is authoritarian to the extreme, and the range of competing religious interests is diverse. The civil war now consuming the country has claimed tens of thousands of lives, displaced millions, and thrown the country's future into question. This article will first briefly examine the country's turbulent history and the development of the current conflict. Next, it will evaluate previous attempts to solve the conflict. Then, it will …


Rotc News, Georgia Southern University, Rotc Feb 2016

Rotc News, Georgia Southern University, Rotc

ROTC News Online

Eagles Win Third MacArthur Award


Rotc News, Georgia Southern University, Rotc Feb 2016

Rotc News, Georgia Southern University, Rotc

College of Science & Mathematics: News & Publications (2012-2022)

Eagles Win Third MacArthur Award


Terrorist Sanctions: The Clash In Us And Eu Approaches, Peter Margulies Feb 2016

Terrorist Sanctions: The Clash In Us And Eu Approaches, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Rotc News, Georgia Southern University, Rotc Feb 2016

Rotc News, Georgia Southern University, Rotc

ROTC News Online

Army Nurse Corps Celebrates 115 Years!


Rotc News, Georgia Southern University, Rotc Feb 2016

Rotc News, Georgia Southern University, Rotc

College of Science & Mathematics: News & Publications (2012-2022)

Army Nurse Corps Celebrates 115 Years!


Internal Displacement In Iraq: Internally Displaced Persons And Disputed Territory, Nancy Riordan Feb 2016

Internal Displacement In Iraq: Internally Displaced Persons And Disputed Territory, Nancy Riordan

New England Journal of Public Policy

The protracted conflict in Iraq has led to one of the highest internal displacements of people worldwide. With data from the International Organization for Migration’s Displacement Tracking Matrix and other sources, geographic information system methods were applied to investigate the quantitative and spatial characteristics of Iraq’s internally displaced persons (IDPs). Based on this analysis, significant numbers of IDPs were found to be displaced among the disputed territories of northern Iraq. The findings of this analysis, when paired with additional research, poses serious complications not only for the security of Iraq’s IDPs but also for the country. The proliferation of militias …


The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr. Jan 2016

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

International Law Studies

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.


The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin Jan 2016

The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

International Law Studies

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through …


Principals' Perceptions Of The Effectiveness Of The Jrotc Program, Patty Jean Blake Jan 2016

Principals' Perceptions Of The Effectiveness Of The Jrotc Program, Patty Jean Blake

Theses, Dissertations and Capstones

The purpose of this national study was to investigate the perceptions of public high school principals regarding the effectiveness of the Junior Reserve Officer Training Corps (JROTC) program. The study examined the perceived influence of the program regarding the social development of the cadet, the behavior of the cadet, and the overall school environment. Data for this study was collected through an anonymous online survey emailed to current principals in public high schools across the United States where JROTC is offered as a course selection. Of the 3,062 schools identified as the population, 491 usable surveys provided participant information for …


Evidence Of The Military's Sexual Assault Blind Spot, Eric R. Carpenter Jan 2016

Evidence Of The Military's Sexual Assault Blind Spot, Eric R. Carpenter

Faculty Publications

In response to the American military's perceived inability to handle sexual assault cases, many members of Congress have lost confidence in those who run the military justice system. Critics say that those who run the military justice system are sexist and perceive sexual assault cases differently than the public does. This article is the first to empirically test that assertion. Further, this is the first study to focus on the military population that matters – those who actually run the military justice system. This study finds that this narrow military population endorses two constructs that are associated with the acceptance …


Liability For Damage Caused By Small Satellites—A Non-Issue?, Frans Von Der Dunk Jan 2016

Liability For Damage Caused By Small Satellites—A Non-Issue?, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Small satellites have become a welcome addition to the existing tools to benefit from space applications—they are relatively simple and cheap to construct, and being small, relatively cheap to launch as well, as secondary payloads on launch vehicles where the primary payload may not take up all of the (often standardized) payload bay capacity. As they, moreover, usually orbit for relatively short times in low trajectories before burning up in the atmosphere, they might not seem to pose major or even merely realistic liability risks.

As a consequence, sometimes the issue of liability for damage caused by small satellites has …


Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga Jan 2016

Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga

UIC John Marshall Journal of Information Technology & Privacy Law

While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …


The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen Jan 2016

The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen

St. Mary's Law Journal

Abstract Forthcoming.


Information Operations, United States Army Jan 2016

Information Operations, United States Army

United States Army: Field Manuals

Information Operations, United States Army Field Manual FM 3-13


Airspace Control, United States Army Jan 2016

Airspace Control, United States Army

United States Army: Field Manuals

Airspace Control, United States Army Field Manual FM 3-52


From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris Jan 2016

From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris

UIC Review of Intellectual Property Law

This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …


The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford Jan 2016

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican Jan 2016

The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican

Criminal Law Practitioner

No abstract provided.


Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann Jan 2016

Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann

Criminal Law Practitioner

No abstract provided.


Reimagining The Wheel: Detention And Release Of Non-State Actors Under The Geneva Conventions, Chris Jenks Jan 2016

Reimagining The Wheel: Detention And Release Of Non-State Actors Under The Geneva Conventions, Chris Jenks

Faculty Journal Articles and Book Chapters

After more than a decade of sustained armed conflict, the international community continues to struggle with the issues posed by non-State actors participating in hostilities. Issues range from the micro, of if and when individuals may be targeted and detained, to the macro if not meta level of which legal regime to apply. This chapter considers detention from a pragmatic approach and proposes that the 1949 Geneva Conventions and Additional Protocols I and II, outmoded and seemingly inapplicable though they are in some respects, offer the most thorough, humane, realistic and readily available option for determining how to treat and …


Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray Jan 2016

Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray

Cardozo Journal of Equal Rights & Social Justice

This satire responds to the recent United States Military Academy ("USMA" or "West Point') Investigation sixteen African American female cadets who took a photograph of themselves holding up their fists. This work of legal analysis and of the imagination takes the form of an investigatory memo written by afictional Latina West Point official to the (very real) West Point Superintendent Lieutenant General Robert Caslen. In it, I study the legal underpinnings for the investigation, which center on certain Department ofDefense regulations forbidding political activity on the part of military service members. I reveal the race and gender absurdity that cuts …


During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch Jan 2016

During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch

Richmond Journal of Global Law & Business

Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …


Nato Approaches In Response To Isil And International Terrorism, Butch Bracknell Jan 2016

Nato Approaches In Response To Isil And International Terrorism, Butch Bracknell

The International Lawyer

No abstract provided.


Introduction: The Islamic State And International Terrorism - The Architecture Of Response, Jonathan Michael Meyer Jan 2016

Introduction: The Islamic State And International Terrorism - The Architecture Of Response, Jonathan Michael Meyer

The International Lawyer

No abstract provided.


Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman Jan 2016

Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman

American University National Security Law Brief

No abstract provided.


The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard Jan 2016

The Intersection Of "Internet Terrorism" And "Individual Privacy" In The Context Of The First Amendment, Amanda Leonard

American University National Security Law Brief

No abstract provided.


Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty Jan 2016

Virtual Violence - Disruptive Cyberspace Operations As "Attacks" Under International Humanitarian Law, Ido Kilovaty

Michigan Telecommunications & Technology Law Review

Power outages, manipulations of data, and interruptions of Internet access are all possible effects of cyber operations. Unfortunately, recent efforts to address and regulate cyberspace operations under international law often emphasize the uncommon, though severe, cyber-attacks that cause deaths, injuries, or physical destruction. This paper deals with cyber operations during armed conflicts that cause major disruption or interruption effects – as opposed to deaths, injuries, or physical destruction. The purpose of this paper is to explore the consequences of these cyber operations that cause major disruption or interruption effects, and to argue that they might still constitute “acts of violence,” …