Military, War, and Peace Commons^™

Climate-Induced Stressors To Peace: A Review Of Recent Literature, Ayyoob Sharifi, Dahlia Simangan, Chui Ying Lee, Rose Reyes, Tarek Katramiz, Jairus Carmela C. Josol, Leticia Dos Muchangos, Hassan Virji, Shinji Kaneko, Thea Kersti Tandog, Leorence Tandog, Moinul Islam

Environmental Science Faculty Publications

Climate change is increasingly recognized as a threat to global peace and security. This paper intends to provide a better understanding of the nature of interactions between climate change and events that undermine peace through a systematic review of recent literature. It highlights major methodological approaches adopted in the literature, elaborates on the geographic focus of the research at the nexus of climate change and peace, and provides further information on how various climatic stressors, such as extreme temperature, floods, sea-level rise, storms, and water stress may be linked to different events that undermine peace (e.g. civil conflict, crime, intercommunal …

Fulfilling Porter's Promise, Danielle Allyn

William & Mary Journal of Race, Gender, and Social Justice

Despite the Porter court’s reference to a “long tradition of according leniency to veterans,” in the criminal legal system, veterans are overrepresented on death rows across America, including Georgia’s. Most of these veterans come to death row with experiences of marginalization due to other aspects of their identity, such as race or mental disability.

This Article examines the cases of six men executed in Georgia, each with a history of military service, and each with experiences of disenfranchisement based on race and/or mental disability. At trial, each confronted legal risks that disproportionately place Black people and people with mental disabilities …

Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa

Georgia Journal of International & Comparative Law

No abstract provided.

Is Climate Change A Threat To International Peace And Security?, Mark Nevitt

Michigan Journal of International Law

The climate-security century is here. Both the United Nations Intergovernmental Panel on Climate Change (“IPCC”) and the U.S. Fourth National Climate Assessment (“NCA”) recently sounded the alarm on climate change’s “super-wicked” and destabilizing security impacts. Scientists and security professionals alike reaffirm what we are witnessing with our own eyes: The earth is warming at a rapid rate; climate change affects international peace and security in complex ways; and the window for international climate action is slamming shut.

Equal Supreme Court Access For Military Personnel, Brenner M. Fissell, Eugene R. Fidell, Phillip D. Cave

Faculty Publications

Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court can veto access to the Supreme Court. This Essay argues for elimination of that veto.

Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya

Pace International Law Review

During the final stages of its nearly three-decades-long civil war in 2009, Sri Lanka attracted considerable international attention due to the allegations of international crimes that were said to have been committed both by the Sri Lankan government Armed Forces, the Guerilla Force, and the Liberation Tigers of Tamil Eelam (LTTE). According to United Nations (UN) experts, an estimated 40,000 civilians were killed during the final offensive, which lasted from January to May 2009. However, the Sri Lankan government has set this figure at 9,000 with no civilian casualties. Several UN bodies found credible allegations that international crimes were committed …

Civil Disobedience From A Biblical Perspective, Gabriel Reed

Helm's School of Government Conference - 2021-2024

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of …

Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu

International Law Studies

Notwithstanding their absence in the formal structures of power, women have engaged actively with disarmament for over a century. Their activism has been rich and complex. It is, however, not a history that is generally familiar to those outside the world of feminist activism and scholarship. This article tells the story of feminist activism and scholarship and how women have sought to overcome exclusion, marginalization, and silencing in both policy and law in pursuit of what the author describes as a transformative disarmament agenda. It is concerned not only with women’s political activism and the struggle for equal participation in …

Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Jdn 2-19: Hitting The Target But Missing The Mark, Ann Mezzell, J. Wesley Hutto

The US Army War College Quarterly: Parameters

Predoctrinal deliberations about the employment of the US armed forces, captured in Joint Doctrine Notes, remain critically understudied. Using comparative text analysis, this article identifies changes in recent Joint Doctrine Note depictions of military strategy. These changes risk distorting the logic of military strategy, sacrificing means-ends integration to organizational impulse, and raising the prospect of future shortfalls in US strategic effectiveness.

The Coercive Logic Of Militant Drone Use, Austin C. Doctor, James I. Walsh

The US Army War College Quarterly: Parameters

While unmanned aerial systems can serve as a force multiplier for militants, these systems do not embody a transformation in modern insurgent warfare or enable militants to engage regularly in strategic coercion. Instead, drone use is consistent with a militant group’s relative capabilities and broader strategic objectives. Consequently, these groups are likely to employ drones primarily for theater and tactical military purposes.

Toward Successful Coin: Shining Path’S Decline, Darren Colby

The US Army War College Quarterly: Parameters

The rapid decline of the Peruvian left-wing insurgent organization Sendero Luminoso was not only the result of the arrest of its leader. An analysis of the precipitous weakening of the organization using two social movement theories finds other factors were involved in the demise of the organization as well. These factors—participatory politics, support for the military among the rural population, and alienation of the population by Sendero Luminoso—provide insights to effective counterinsurgency tactics.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Matthew Ridgway And The Value Of Persistent Dissent, Conrad C. Crane

The US Army War College Quarterly: Parameters

Army General Matthew Ridgway’s actions throughout his career provide a valuable example of the appropriate time and place for serious dissent by military leaders. Ridgway demonstrated the importance of selectively and pragmatically expressing open disagreement in response to operational decisions a military leader deems unnecessarily risk American lives and economic resources

Europe: A Strategy For A Regional And Middle Power, Jean-Yves Haine, Cynthia Salloum

The US Army War College Quarterly: Parameters

As the European Union deals with yet another crisis— the COVID-19 pandemic—it must adopt a grand strategy based on unity, policy, and proportionality: cohesion over inaction, policy over process, and regional imperatives over global ambitions. An analysis of past strategy documents and a study of current international trends stress the need for a Union capable of shaping its own environment rather than reacting to it. The pandemic should accelerate Europe’s journey toward power maturity and responsibility.

Greater Security Cooperation: Us Allies In Europe And East Asia, Tongfi Kim, Luis Simón

The US Army War College Quarterly: Parameters

Growing Sino-Russian coordination necessitates greater security cooperation between US Allies in Europe and East Asia. US Allies in both regions face remarkably similar threats requiring similar operational concepts, capabilities, and technologies. Further, these Allies must hedge against the specter of US abandonment. An exploration of the links between the two geographically distant US Alliance networks illustrates the Allies’ perspectives on US extended deterrence and highlights opportunities to devise better policies for cooperation.

On “The Politics Of Oath-Taking”, David J. Wasserstein, Jimmie R. Montgomery, Marybeth P. Ulrich

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Coin Doctrine Is Wrong, M. Chris Mason

The US Army War College Quarterly: Parameters

Counterinsurgency does not increase the legitimacy of, or support for, central governments engaged in internal conflicts. Recent research shows quantifiable degrees of government legitimacy, national identity, and population security are necessary precursors and accurate predictors of a government’s ability to outlast a civil uprising. Because the first two predictors—government legitimacy and national identity—can be measured and do not increase during a conflict, the probability of government failure in most cases can be accurately predicted when the conflict starts.

Integrated Planning And Campaigning For Complex Problems, Robert S. Ehlers Jr., Patrick Blannin

The US Army War College Quarterly: Parameters

Shortfalls and inefficiencies in traditional planning and campaigning have become increasingly clear in the current hyperconnected security environment. US military planners can mitigate these deficiencies by embracing integrated planning and campaigning approaches including the development of new organizational structures and processes. These improvements will give senior leaders increased options as the US military and US Allies and partners address complex problems with better effect and to greater advantage.

Parameters Summer 2021, Usawc Press

The US Army War College Quarterly: Parameters

The US Army War College Quarterly, Parameters, is a refereed forum for contemporary strategy and Landpower issues. It furthers the education and professional development of senior military officers and members of government and academia concerned with national security affairs.

The Phenomenon Of Sexual Violence During Armed Conflicts In The Twenty-First Century: Entering The Era Of Survivors As Agents Of Peace, Shayna Kushner

International Relations Honors Papers

Evidence suggests the twenty-first century has witnessed a surge in armed conflicts and ethnic wars targeting marginalized communities, subjecting innocent civilians to violence and destruction. Among the tactics aimed to disrupt family and social ties within the existing communities, some armed groups and government sponsored soldiers have subjected vulnerable individuals to wartime rape and conflict-related sexual violence including physical and mental abuse. While the international community attempts to intervene militarily and judicially to quell the sexual violence, institutions and individual actors fall short of providing justice and accountability to survivors and victims of conflict-related sexual violence. Through the case studies …

Measuring The Effectiveness Of The Proposal To Divest Military Commanders Of Disposition Authority For Sexual Assault Cases: A Comparative Quantitative Analysis, Brian L. Cox

Cornell Law Faculty Working Papers

As suggestions to modify the practice of the U.S. military justice system return to the fore of American political discourse, the perennial proposal to divest commanders of authority to convene courts-martial to adjudicate allegations of sexual assault is once again at the center of the debate. While reformists are adamant that the suggested revision would support efforts to end what has been characterized as an “epidemic of rape” in the U.S. military, the precise connection between the “reform” and the desired improved outcomes remains tenuous. An assessment of jurisdictions that have already divested commanders of such authority could provide persuasive …

Military Working Dogs: Tracking Their Journey From Equipment To K-9 Heroes, Virginia Thomas

Library Scholarly Publications

The author surveys the history of legislation governing the lives and uses of military working dogs (MWD).

The Veil (Or Helmet) Of Ignorance: A Rawlsian Thought Experiment About A Military’S Criminal Law, Dan Maurer

University of Richmond Law Review

This Article loosely adapts political philosopher John Rawls’s famous social contract thought experiment to interrogate a corner of law that receives too little theoretical attention: the separate federal code at the intersection of criminal law and national security that regulates both martial and non-martial conduct of millions of citizens, invests judicial responsibility and prosecutorial authority in nonlawyer commanding officers, operates with no territorial limitations, and pulls even certain retirees within its jurisdiction: the Uniform Code of Military Justice. Employing the perspectives of four “idealized” actors—Congress, a president, a Chairman of the Joint Chiefs of Staff, and a potential recruit—this “experiment” …

The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier

St. Mary's Law Journal

Abstract forthcoming.

Going Rogue: The Supreme Court's Newfound Hostility To Policy-Based Bivens Claims, Joanna C. Schwartz, Alexander A. Reinert, James E. Pfander

Articles

In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy was subject to an exacting special factors analysis when the claim arises in a “new context.” In Ziglar itself, the Court found the context of the plaintiffs’ claims to be “new” because, in the Court’s view, they challenged “large-scale policy decisions concerning the conditions of confinement imposed on hundreds of prisoners.” Bivens claims for damages caused by unconstitutional policies, the Court suggested, were inappropriate.

This Essay critically examines the Ziglar Court’s newfound hostility to policy-based Bivens claims. We show that an …

Autonomous Weapon System And Command Responsibility, Vivek Sehrawat

Florida Journal of International Law

Autonomous Weapon Systems (AWS) are gradually becoming incorporated into warfare as technology advances and capabilities increase. The challenge of ensuring the responsibility for acts of an AWS poses some significant challenges. Under International Humanitarian Law (IHL) and international criminal law, individuals are criminally responsible for any war crimes they commit. It is unclear who can be held responsible for deaths and war crimes committed by AWS. This Article is focused on human-out-of-the loop weapons. This Article outlines the legal theory of command responsibility, which international criminal courts may apply to achieve responsibility. This Article examines the individual and state responsibility, …

All For Nothing?: Executive Authority And Congressional Evasion On Arms Sales, Margaret M. Murphy

Catholic University Law Review

On August 17, 2018, CNN reported that Lockheed Martin manufactured a bomb that killed dozens of Yemeni schoolchildren in Northern Yemen. Saudi Arabia purchased the bomb in an arms deal authorized under the Arms Export Control Act, the statute in which Congress delegates to the President authority to control the import and export of arms. Under the Act, the President must comply with reporting and waiting periods allowing time for Congress to oppose a sale by enacting a joint resolution. However, the Act allows the President to sell arms in an emergency without notice or waiting periods. President Trump invoked …

Sexual Harassment Is Not A Crime: Aligning The Uniform Code Of Military Justice With Title Vii, Laura T. Kessler, Sagen Gearhart

Utah Law Faculty Scholarship

Sexual harassment and sexual assault are ongoing problems in the military. The Department of Defense responded in 2019 with sweeping changes in how the military handles sexual misconduct, including a proposal to criminalize sexual harassment in the Uniform Code of Military Justice (UCMJ). This Article, co-authored by an expert on workplace sex discrimination and a former military officer, responds to this proposal. We argue that sexual harassment, however reprehensible, is not criminal conduct. Moreover, criminalization is likely to undermine the military’s efforts to prevent and punish sexual harassment by raising the stakes for the involved service members, thereby deterring reporting, …