Military, War, and Peace Commons^™

Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff

Washington and Lee Journal of Civil Rights and Social Justice

The United States has relied on Private Military Firms (PMFs) extensively to carry out its numerous overseas military missions since the end of the Cold War. Civilians and contractors have always had a place in American wars, even during the American Revolution and beyond. But the recent American incursions into Afghanistan and Iraq brought an unprecedented number of private contractors into the forefront of these conflict zones, the discussions surrounding them, and the legal questions arising from their ashes. Particularly, private contractors in Iraq seemed to be operating in a legal grey area—they clearly were not soldiers, and they clearly …

Reconsidering Sun Tzu, John F. Sullivan

The US Army War College Quarterly: Parameters

No abstract provided.

Commentary And Reply, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Analogical Thinking: The Sine Qua Non For Using History Well, Richard A. Lacquement Jr.

The US Army War College Quarterly: Parameters

No abstract provided.

Anti-Access Strategies In The Pacific: The United States And China, Sam J. Tangredi

The US Army War College Quarterly: Parameters

No abstract provided.

Russia's A2/Ad Capabilities: Real And Imagined, Keir Giles, Mathieu Boulegue

The US Army War College Quarterly: Parameters

No abstract provided.

Human Security In The Arctic: Implications For The United States Army, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.

Projecting Stability: A Deployable Nato Police Command, Massimo Pani, Karen J. Finkenbinder

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs

Faculty Publications

It is a central tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party that illegally launches a war benefits from all the same rights as a party that must defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible and that defenders should have more rights and fewer responsibilities than aggressors. The equal application doctrine retains the support of legal scholars, however, because they reasonably fear that applying different rules to different warring parties will substantially reduce overall compliance with …

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Law, Politics, And Populisim In The U.S.A. P.A.T.R.I.O.T. Act, Jothie Rajah

Indiana Journal of Global Legal Studies

The U.S.A. P.A.T.R.I.O.T. Act is legislation that simultaneously brings into being very particular notions of the American 'national' and, as its counterpart, a post-9/11 "global." Through a study of the Patriot Act, my paper unpacks the co-constitutions of national/global and a related series of binaries: domestic/foreign; patriot/terrorist; us/them; and innocence/evil. By exploring the structuring logics and language of these binaries in the Act, my paper scrutinizes the global role of U.S. legislative text in our world: a world in which "a global society has come into being but possesses as yet, no institutions proper to its name."1 In the context …

Medical Care In Urban Conflict, Kenneth Watkin

International Law Studies

The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care …

Ensuring Justice Without "Beating The Deal", Sean P. Flynn

Notre Dame Law Review Reflection

In 1950 military justice changed drastically with the enactment of the Uniform Code of Military Justice (UCMJ). The UCMJ brought many protections to service members that were standard in civilian criminal practice, but there still existed differences between the two systems. Recent changes to the UCMJ eliminated more of those differences. The Joint Service Committee recommended further changes, which were accepted, to the way the military handles guilty pleas and plea agreements in the Rules for Courts-Martial (RCM), which govern the procedure and substance of courts-martial. The primary change discussed here is the removal of the military’s “beat the deal” …

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.

Humanitarian Logic And The Law Of Siege: A Study Of The Oxford Guidance On Relief Actions, Sean Watts

International Law Studies

In terms of human suffering, few military operations have rivaled sieges and comparably harsh legal regimes have governed them. At a time when legal vindication of humanitarian interests in armed conflict is ascendant, conventional accounts of the law of war governing humanitarian relief may seem out of step, plagued with glaring gaps in humanitarian logic. In 2016, Oxford University professors published a United Nations-commissioned legal study—the Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict. The Guidance contends that during armed conflict international law prohibits belligerents from arbitrarily denying offers of humanitarian relief …

Book Review, Marcos Zunino, Justice Framed: A Genealogy Of Transitional Justice (2019), Mark A. Drumbl

Scholarly Articles

Transitional justice initiatives, broadly speaking, respond to systematic human rights abuses. These initiatives take multiple shapes and forms. This means that the actual practice of transitional justice is diverse and organic. Transitional justice discourse, however, is aspirational, normative and selective. It is less heterogeneous and far more directive. Marcos Zunino’s eye-opening book, Justice Framed, is about gaps between narrative discourse and tangible practice. It is about the effects of discourse on practice. More pointedly, Justice Framed is about how discourse ‘surfaces’ certain kinds of practices of the past while sidelining and ignoring others. Hence, to come full circle, this book …

“Closer To The Objective”: Following Helen From Troy To Chicago, Jillian Boger

Master’s Theses and Projects

“Closer to the Objective”: Following Helen from Troy to Chicago looks at the function of women in war and war-adjacent texts. Women are contextualized against the figure of Helen of Troy, who sets the standard for how women in war narratives have historically been treated in literature in film. The war narrative has existed as long as literature itself as existed, and in the Western canon, storytellers are constantly looking back at the Iliad, which serves as an Ur text in terms of how the war narrative--and in particular, the American war narrative--continues to be told today. Those American-centric war …

Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith

Electronic Theses and Dissertations

What factors have led to successful outcomes in international peace operations conducted in Sub Saharan African countries? What factors explain mission failure? I proposed a basic theory of peace operations that linked conflict conditions to mandate design to the capability of an intervening force deployed for mission implementation developed from arguments and empirical results of previous research.

Data on 86 peace operations that occurred in 23 African states covering 33 separate conflict periods between 1990 and 2015 was analyzed. My main findings showed that mandates were derived from conflict assessments and determined the size of intervening force required. The results …

Falling Through The Gap: The Culpability Of Child Soldiers Under International Criminal Law, Ally Mcqueen

Notre Dame Law Review Reflection

This Essay, in Part I, will begin with an overview of the use of child soldiers in armed conflicts around the world. Part II will explore provisions within the Geneva Conventions, the Convention on the Rights of the Child, and the Beijing Rules that are applicable to child soldiers and can shed some light on their culpability after an armed conflict. In Part III, this Essay will then discuss the varying degrees to which international criminal tribunals and the International Criminal Court have addressed the criminal responsibility of children for war crimes and crimes against humanity. Finally, Part IV will …

International Satellite Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

International satellite law can best be described as that subset of international space law that addresses the operations of satellites in orbit around the Earth. Excluding, therefore, topics such as manned space flight, suborbital space operations, and any activities beyond Earth orbits, this means addressing the use of satellites for telecommunications purposes, for Earth observation and remote sensing, and for positioning, timing, and navigation. These three major sectors of space activities are, in addition to jointly being subject to the body of international space law, each subject to their specific dedicated legal regime —international satellite communications law, international satellite remote …

Religious Support, United States Army

United States Army: Field Manuals

Religious Support, United States Army Field Manual FM 1-05

Army Space Operations, United States Army

United States Army: Field Manuals

Army Space Operations, United States Army Field Manual FM 3-14

Army Support To Military Deception, United States Army

United States Army: Field Manuals

Army Support to Military Deception, United States Army Field Manual FM 3-13.4

Military Police Operations, United States Army

United States Army: Field Manuals

Military Police Operations, United States Army Field Manual FM 3-39

Sustainment Operations, United States Army

United States Army: Field Manuals

Sustainment Operations, United States Army Field Manual FM 4-0

Signal Support To Operations, United States Army

United States Army: Field Manuals

Signal Support to Operations, United States Army Field Manual FM 6-02

Due Process Of War, Nathan S. Chapman

Notre Dame Law Review

The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …