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Military, War, and Peace Commons™

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2018

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Articles 91 - 120 of 187

Full-Text Articles in Military, War, and Peace

Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, Donald N. Zillman Mar 2018

Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, Donald N. Zillman

Maine Law Review

This Essay examines the consequences of the growing decline in the number of military veterans in positions of leadership in the federal government, most particularly in the United States Congress. In its visible form, this issue has given rise to popular debate in the last three presidential elections. Did Dan Quayle pull strings to get a safe post in the Indiana National Guard to avoid Vietnam service? Did Bill Clinton improperly evade the draft during Vietnam? Were veterans George Bush or Bob Dole better qualified to be President because of their combat service in World War II? In its less …


Right Vs. Right: Personal Beliefs Vs. Professional Obligations, Linell A. Letendre, Martin L. Cook Mar 2018

Right Vs. Right: Personal Beliefs Vs. Professional Obligations, Linell A. Letendre, Martin L. Cook

The US Army War College Quarterly: Parameters

No abstract provided.


Commentary And Reply, Usawc Press Mar 2018

Commentary And Reply, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Us Landpower And An Indo-American Alliance, Samir Tata Mar 2018

Us Landpower And An Indo-American Alliance, Samir Tata

The US Army War College Quarterly: Parameters

No abstract provided.


The Law (?) Of The Lincoln Assassination, Martin S. Lederman Mar 2018

The Law (?) Of The Lincoln Assassination, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Shortly after John Wilkes Booth killed Abraham Lincoln on April 14, 1865, President Andrew Johnson directed that Booth’s alleged coconspirators be tried in a makeshift military tribunal, rather than in the Article III court that was open for business just a few blocks from Ford’s Theater. Johnson’s decision implicated a fundamental constitutional question that was a subject of heated debate throughout the Civil War: When, if ever, may the federal government circumvent Article III’s requirements of a criminal trial by jury, with an independent, tenure-protected presiding judge, by trying individuals other than members of the armed forces in a military …


From The Editor, Antulio J. Echevarria Ii Mar 2018

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Emory Upton And The Us Army, Paul C. Jussel Mar 2018

Emory Upton And The Us Army, Paul C. Jussel

The US Army War College Quarterly: Parameters

No abstract provided.


Ltg Mafarland: Insights On Illusions Of Victory And Iraq, Russell W. Glenn Mar 2018

Ltg Mafarland: Insights On Illusions Of Victory And Iraq, Russell W. Glenn

The US Army War College Quarterly: Parameters

No abstract provided.


Avoiding Nation-Building: From Nixon To Trump, Dominic Tierney Mar 2018

Avoiding Nation-Building: From Nixon To Trump, Dominic Tierney

The US Army War College Quarterly: Parameters

No abstract provided.


Countering Russian Meddling In Us Political Processes, James P. Farwell Mar 2018

Countering Russian Meddling In Us Political Processes, James P. Farwell

The US Army War College Quarterly: Parameters

No abstract provided.


Countering Russian Disinformation, Timothy P. Mcgeehan Mar 2018

Countering Russian Disinformation, Timothy P. Mcgeehan

The US Army War College Quarterly: Parameters

No abstract provided.


Victory Without Casualties: Russia's Information Operations, T. S. Allen, A. J. Moore Mar 2018

Victory Without Casualties: Russia's Information Operations, T. S. Allen, A. J. Moore

The US Army War College Quarterly: Parameters

No abstract provided.


Brexit And The Anglo-American Security And Defense Partnership, James K. Wither Mar 2018

Brexit And The Anglo-American Security And Defense Partnership, James K. Wither

The US Army War College Quarterly: Parameters

No abstract provided.


Brexit And Transatlantic Security, Arthur I. Cyr Mar 2018

Brexit And Transatlantic Security, Arthur I. Cyr

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Mar 2018

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, Samuel Alexander Feb 2018

Double-Tap Warfare: Should President Obama Be Investigated For War Crimes?, Samuel Alexander

Florida Law Review

A “double-tap” drone strike involves bombing a target, waiting a period of five to twenty minutes, often during which first responders arrive, and then bombing the target a second or even third time. This Note argues that such attacks, by virtue of their indiscriminate nature, are likely serious violations of Common Article 3 of the Geneva Conventions of 1949, which prohibits targeting civilians, the wounded, or those placed hors de combat. Thus, such attacks are likely war crimes under international law and under the War Crimes Act of 1996, a U.S. law that criminalizes carrying out, or ordering to be …


Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott Feb 2018

Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott

Maine Law Review

After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as a …


Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn Feb 2018

Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn

William & Mary Law Review

Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S. military to …


The Japanese Impact On Global Drone Policy And Law: Why A Laggard United States And Other Nations Should Look To Japan In The Context Of Drone Usage, Kaitlin D. Sheets Feb 2018

The Japanese Impact On Global Drone Policy And Law: Why A Laggard United States And Other Nations Should Look To Japan In The Context Of Drone Usage, Kaitlin D. Sheets

Indiana Journal of Global Legal Studies

The global Unmanned Aircraft System, or unmanned aerial systems (UAS) revolution is poised to have an impact across a broad range of industries from agriculture to filmmaking. The United States has taken a difficult and slower path to implementing UAS policy, with Congress essentially mandating the Federal Aviation Administration (FAA) to take action in 2015. The FAA's 624-page rulebook marks the first attempt of any comprehensive plan to regulate remote-controlled and commercial aircraft activity. Across the globe, Japan, a country with a proven track record in electronics and technology, is outpacing other countries in devising regulations that will increase UAS …


The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi Feb 2018

The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi

Reviews

The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our thinking …


Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák Feb 2018

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of …


International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca Jan 2018

International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca

University of Miami Inter-American Law Review

The military actions of an International Coalition and the role of its non-military contributing member States is yet another fundamental example of international practice concerning conflation between jus ad bellum and jus in bello. Although International Law proscribes the use of force in international relations, membership in an International Coalition engaged in military operations does not come without a cost. Non-military contributing member States may be regarded as co-belligerents or neutral States violating the laws of neutrality. This article argues that mere membership in a coalition does not amount to co-belligerency. Nevertheless, it claims that membership could entail a violation …


Finding Aid To The Collection Of Francis Snow Hesseltine Materials, Francis Snow Hesseltine, Colby College Special Collections Jan 2018

Finding Aid To The Collection Of Francis Snow Hesseltine Materials, Francis Snow Hesseltine, Colby College Special Collections

Finding Aids

This collection contains correspondence, personal documents, manuscripts, and clippings on Francis Snow Hesseltine, Colby class of 1863, a Lieutenant Colonel of the 13th Maine Infantry during the Civil War who received the Congressional Medal of Honor, and who was later an attorney in Georgia, Massachusetts, and Maine. Francis Snow Hesseltine (Colby Class of 1863) was born in Bangor, Maine on December 10, 1833, son of Peter Heald and Sarah Hamlin (Snow) Hesseltine, and died on Feburary 17, 1916, at age 83. He left Waterville College (now Colby College) in April 1861, to enlist as a private. He was elected Captain …


The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl Jan 2018

The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl

Scholarly Articles

The Nazis coerced and enlisted detainees into the administration of the labour and death camps. These detainees were called Kapos. The Kapos constitute a particularly contested, and at times tabooified, element of Holocaust remembrance. Some Kapos deployed their situational authority to ease the conditions of other prisoners, while others acted cruelly and committed abuse. This project explores treatment of the Kapo on film. This paper considers two films: Kapò (1959, directed by Pontecorvo, Italy) and Kapo (2000, directed by Setton, Israel). These two films vary in genre: Kapò (1959) is a feature fiction movie, whereas Kapo (2000) is a documentary. …


Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl Jan 2018

Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl

Scholarly Articles

This epilogue unpacks the return of convicted war criminals as homecomings, with all the attendant rites, rituals, and expectations. Knotting together the various papers in this edited collection, this paper examines how the international community constructs an ideal homecoming and, in turn, how such a construction may simply be fanciful.


Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl Jan 2018

Book Review, Anton Weiss-Wendt, The Soviet Union And The Gutting Of The Un Genocide Convention (2017), Mark A. Drumbl

Scholarly Articles

Weiss-Wendt’s book unpacks what happened to “genocide” as it journeyed along this path of codification. To be clear, codification was conditioned by compromise among states; and states were often motivated by Cold War selfishness, spite, manipulation, and machination. The Convention narrowed—and even mangled—the set of protected groups to national, ethnic, racial, and religious. The Convention, moreover, limited the recognized forms that genocide could take. The title of Weiss-Wendt’s book reflects its argument that the expansiveness of genocide as an idea was “gutted” in the process of codifying it in an international treaty.


Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl Jan 2018

Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl

Scholarly Articles

Why do truth commissions emerge following some conflicts but not others? Jamie Rowen tackles this question in Searching for Truth in the Transitional Justice Movement. Rowen approaches this topic through a detailed study of three jurisdictions: the former Yugoslavia, Colombia, and the United States. Although truth commissions did progress in Colombia, they stalled in both the former Yugoslavia in the wake of the Balkan Wars as well as in the United States in regard to the conduct of US officials after the events on 11 September 2001. Rowen unpacks what happened and what failed to happen — and why …


The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon Jan 2018

The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon

Law Faculty Research Publications

No abstract provided.


Community Dignity Takings: Dehumanization And Infantilization Of Communities Resulting From The War On Drugs, Jamila Jefferson-Jones Jan 2018

Community Dignity Takings: Dehumanization And Infantilization Of Communities Resulting From The War On Drugs, Jamila Jefferson-Jones

Law Faculty Research Publications

No abstract provided.


Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk Jan 2018

Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter represents an effort to identify the components of international space law that apply to the use of unmanned aerial vehicles (UAVs). It argues that, while other national and international regimes of law apply to UAV activities, international space law is implicated only to the extent that UAV technology relies on satellite services for control and guidance purposes.