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Articles 61 - 90 of 192
Full-Text Articles in Military, War, and Peace
Out Of The Shadows: Recommendations To Advance Transparency In The Use Of Lethal Force, Human Rights Clinic, Sana'a Center For Strategic Studies
Out Of The Shadows: Recommendations To Advance Transparency In The Use Of Lethal Force, Human Rights Clinic, Sana'a Center For Strategic Studies
Human Rights Institute
The U.S. government’s secretive and expanding use of “targeted killings” and drone strikes since the terrorist attacks on September 11, 2001 is highly controversial. For many years, such killings were carried out as part of counter-terrorism operations and in near-complete secrecy by the Cen- tral Intelligence Agency (CIA) and the U.S. military’s Joint Special Operations Command (JSOC), including in Pakistan, Somalia, and Yemen, far from any traditional and recognized battlefield. The government did not meaningfully explain their legal basis. The U.S. government has admitted that it killed between 2,867–3,138 people between 2009–2016, in an estimated 526 strikes in areas the …
Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro
Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro
The US Army War College Quarterly: Parameters
No abstract provided.
Beyond Surprise Attack, Lawrence Freedman
Beyond Surprise Attack, Lawrence Freedman
The US Army War College Quarterly: Parameters
No abstract provided.
Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker
Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
What Are America's Alliances Good For?, Hal Brands, Peter D. Feaver
What Are America's Alliances Good For?, Hal Brands, Peter D. Feaver
The US Army War College Quarterly: Parameters
No abstract provided.
Employing Military Force In The 21st Century, Michel R. Matheny
Employing Military Force In The 21st Century, Michel R. Matheny
The US Army War College Quarterly: Parameters
No abstract provided.
Waging Financial Warfare: Why And How, David J. Katz
Waging Financial Warfare: Why And How, David J. Katz
The US Army War College Quarterly: Parameters
No abstract provided.
Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello
Russia's Improved Information Operations: From Georgia To Crimea, Emilio J. Iasiello
The US Army War College Quarterly: Parameters
No abstract provided.
The Strategic Logic Of Sieges In Counterinsurgencies, Lionel M. Beehner, Benedetta Berti, Michael T. Jackson
The Strategic Logic Of Sieges In Counterinsurgencies, Lionel M. Beehner, Benedetta Berti, Michael T. Jackson
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Interpretation Catalysts In Cyberspace, Rebecca Ingber
Faculty Scholarship
The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …
Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp
Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp
Faculty Scholarship
Amici curiae, legal experts in international and constitutional law, believe that a majority of the en banc panel in Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016) (en banc), mistakenly affirmed Ali Hamza Ahmad Suliman al Bahlul’s conviction by a military commission for a non-international war crime. The main concurring opinion in that case misconceived how international law defines the jurisdiction of law-of-war military commissions. As amici argue below, it is the Constitution—not international law—that limits the jurisdiction of lawof-war military commissions.
Revolutionary Disobedience, Philip K. Y. Lau
Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review
Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
International Law Studies
Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the …
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Duke Law & Technology Review
Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.
Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick
Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston
Combating Thieves Of Valor: The Stolen Valor Act Of 2013 Is Constitutional Yet Unenforced, Mary E. Johnston
William & Mary Bill of Rights Journal
No abstract provided.
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
Veterans Banished: The Fight To Bring Them Home, Alejandra Martinez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller
Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller
Political Science Student Scholarship
This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.
Book Review: The History Of A Forgotten German Camp: Nazi Ideology And Genocide In Szmalcówka, Darren J. O'Brien
Book Review: The History Of A Forgotten German Camp: Nazi Ideology And Genocide In Szmalcówka, Darren J. O'Brien
Genocide Studies and Prevention: An International Journal
No abstract provided.
Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. Von Der Dunk
Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
Global Navigation Satellite Systems (GNSS), obviously, make crucial use of satellites operating in an area commonly known as “outer space,” raising issues regarding which specific body of law might rule the operations of such satellite systems. Though the “horizontal” boundary between outer space and the underlying area of airspaces has never been authoritatively defined, it has generally been agreed that those two areas differ fundamentally as to the legal regimes ruling them, giving rise indeed to a specific body of “space law.”
Toward A Science Of Torture?, Maxwell Gregg Bloche
Toward A Science Of Torture?, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer
The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott
A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.