Military, War, and Peace Commons^™

Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Health Pandemic [Sierra Leone], Charles C. Jalloh

Articles

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina

Journal of Race, Gender, and Ethnicity

No abstract provided.

Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama

University of San Francisco Law Review

No abstract provided.

A Case For Diversionary Restorative Justice In Cases Involving The Embezzlement Of Funds From Small Businesses, Amanda Cooper

Cardozo Journal of Conflict Resolution

In 2015, John Tschol, the owner of a small advising business in Bloomington, Minnesota, thought that he had a wonderful work life. His business was successful-enough to make a modest profit-and his employees were loyal, hard workers, who had been with him for years. Then he found out that his bookkeeper, Laura Scholz, had been embezzling funds, stealing more than $317,000 over two years.

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. Space Law versus the Law of Armed Conflict ... A. The Essentials of Space Law … B. Space Law and the Threat or Use of Force in Outer Space … C. The Essentials of the Law of Armed Conflict ... D. The Law of Armed Conflict and the Threat or Use of Force in Outer Space

III. Conflicts of Application: A Few Key Examples ... A. Unraveling the Prioritization Issue: The Lex Specialis and Lex Posterior Principles ... B. Unraveling the Prioritization Issue: The U.N. Charter and Treaty Interpretation ... C. Unraveling the Prioritization Issue: Pacta Sunt …

National, Military, And College Reports On Prosecution Of Sexual Assaults And Victims’ Rights: Is The Military Actually Safer Than Civilian Society?, David A. Schlueter, Lisa M. Schenck

Faculty Articles

No abstract provided.

Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton

Scholarly Works

The ability to reach out, with a few keystrokes or a couple lines of code, through the interconnected world of cyberspace and create militarily advantageous effects 10,000 miles away has changed warfare as previously conceived, perhaps more than any other advancement in any other domain of war. Cyber weapons are weapons, and whatever law applies to conventional weapons equally applies to cyber weapons. Long before cyber operations were even science fiction, there was much debate over what constituted a use of force that would justify force in response. In many ways, the debate over what constitutes cyber-attacks has been pasted …

A New Chapter In Veterans Law, The Honorable Margaret Bartley

American University Law Review

Chief Judge Bartley delivered these remarks on October 2, 2020 at the American University Law Review’s thirty-fifth annual Federal Circuit Symposium. The remarks have been minimally edited based on the event transcript.

Review Of Veterans Law Decisions Of The Federal Circuit, 2020 Edition, Angela K. Drake, Yelena Duterte, Stacey-Rae Simcox

American University Law Review

This Article continues last year’s in-depth review of veterans law cases decided by the Federal Circuit, published by the American University Law Review. In the year 2020, the Federal Circuit further clarified the law applicable to veterans cases, including the parameters of the class action device and the need for robust analysis in cases challenging agency delay and inaction. The court significantly expanded veterans’ ability to challenge regulations and manual provisions directly in the Federal Circuit. It created new law with regard to the presumption of competency applicable to Department of Veterans Affairs (VA) examiners and explored the parameters of …

National Security Decision-Making In The Age Of Technology: Delivering Outcomes On Time And On Target, Gary Corn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Satellite Communications Law: The Nexus Of Space And Telecom Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Given the complexity of satellite communications as a global business sector involving many private as well as public operators, many national and international regulators and a constantly evolving suite of services offered to an ever-increasing number of users and consumers, it should not come as a surprise that the legal environment—the sets of rules, rights, and obligations applicable to anyone operating in the field—is highly complex as well. This is already true even if merely focusing at the international level, where the myriad domestic regimes play varying roles—largely neglected in this particular article—in implementing, interpreting, refining, enforcing, or even changing …

The Islamic State's Pattern Of Sexual Violence: Ideology And Institutions, Policies And Practices, Mara Redlich Revkin, Elisabeth Jean Wood

Faculty Scholarship

The Islamic State (IS), which controlled significant territory in Iraq and Syria between 2014 and 2017, engaged in a wide repertoire of violence against civilians living in these areas. Despite extensive media coverage and scholarly attention, the determinants of this pattern of violence remain poorly understood. We argue that, contrary to a widespread assumption that the IS wielded violence indiscriminately, it systematically targeted different social groups with distinct forms of violence, including sexual violence. Our theory focuses on ideology, suggesting it is a necessary element of explanations of patterns of violence on the part of many armed actors. Ideologies, to …

Competitive Governance And Displacement Decisions Under Rebel Rule: Evidence From The Islamic State In Iraq, Mara Redlich Revkin

Faculty Scholarship

When rebel groups with state-building ambitions capture territory, who stays and why? Through semi-structured interviews and an original household survey in the Iraqi city of Mosul, which was controlled by the Islamic State for more than three years, I conduct a multi-method descriptive comparison of the characteristics of “stayers” against “leavers.” I test and find some quantitative and qualitative support for a theory of competitive governance: Civilians who perceived improvements in the quality of governance under IS rule—relative to the Iraqi state—were more likely to stay under IS rule than those who perceived no change or a deterioration, but displacement …

Taking Charge Of Court-Martial Charges: The Important Role Of The Commander In The American Military Justice System, David A. Schlueter, Lisa M. Schenck

Faculty Articles

No abstract provided.

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental, & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …

Questioning The Sacrosanct: How To Reduce Discrimination And Inefficiency In Veterans Preference Law, Craig Westergard

Seattle Journal for Social Justice

No abstract provided.

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …

Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv

Washington International Law Journal

There has been an increased global use of private military contractors (PMCs) since the large-scale American use of them in the wars in Afghanistan and Iraq. This has included an increase in Russian and now Chinese PMCs. As China continues to develop its Belt and Road Initiative (BRI), it is likely that the world will see an increase in the number of Chinese PMCs used to protect these projects. In this event it is important to bring Chinese PMCs into the PMC industry’s most effective private regulatory bodies, as these bodies are often more effective at ensuring ethical PMC conduct …

Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras

Master's Theses

The purpose of this research is to argue that U.S. immigration policy, specifically the 1996 IIRIRA (also known as IIRAIRA), needs to change regarding the legal treatment of immigrant U.S. military veteran deportees due to the following concepts. The first concept is to articulate how the criminalization of immigration, and how the military system intersects to facilitate the Deportation of U.S veterans. A key concept in this analysis is the standard of “good moral character” set by the U.S. government that enlistees need to meet to be accepted into the military; this standard is also used against immigrant veterans during …

Autonomous Cyber Weapons And Command Responsibility, Russell Buchan, Nicholas Tsagourias

International Law Studies

Autonomous cyber weapons have made their way onto the battlefield, raising the question of whether commanders can be held criminally responsible under command responsibility when war crimes are committed. The doctrine of command responsibility has a long history in international criminal law and comprises three core elements: the existence of a superior-subordinate relationship, the commander’s knowledge of the crime, and the commander’s failure to prevent or repress the subordinate’s criminal actions. This article unpacks the content of these elements and applies them to autonomous cyber weapons by treating them as being analogous to soldiers since they operate within an organized …

The Human Dimension Of Peace And Aggression, Chiara Redaelli

International Law Studies

Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …

The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea

West Virginia Law Review

Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …

U.S. War Crimes And Accountability With The International Criminal Court: A Critique, Johanna M. Leffler

Senior Honors Projects

JOHANNA LEFFLER (International Studies, French)

U.S. War Crimes and Accountability with the International Criminal Court: A Critique

Sponsor: Kristin Johnson (Political Science)

Throughout my undergraduate career I have studied a variety of subjects within international affairs. The fall of my 2019-2020 year while studying abroad at The Institute for Political Studies of Rennes, France, was where I studied a particularly thought-provoking subject, Mondialisation et Droit de l’Homme (Globalization and Human Rights). We studied the evolution of international law, the justice institutions which uphold it, and how modern globalization impacts human rights. The subject matter and discussion with my international classmates …

Restoring The Power Of The Convening Authority To Adjust Sentences, Jacob R. Weaver

Michigan Law Review

In 2013, Congress abrogated the power of certain military officers to reduce court-martial sentences, thereby eliminating a military defendant’s best hope for efficient and effective relief from common legal errors in the military justice system. While the overhaul of the Uniform Code of Military Justice (UCMJ) in 2016 promised significant reform, it ultimately failed to substantially reduce common legal errors. This Note analyzes how the 2013 and 2016 reforms have combined to prevent military defendants from receiving timely and adequate relief. In light of this analysis, this Note suggests an amendment to the UCMJ that would restore to certain officers …

Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte

Journal of Law and Policy

Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …

Autonomy And Precautions In The Law Of Armed Conflict, Eric Talbot Jensen

International Law Studies

Already a controversial topic, legal debate and broader discussions concerning the amount of human control required in the employment of autonomous weapons—including autonomous cyber capabilities—continues. These discussions, particularly those taking place among States that are Parties to the 1980 Certain Conventional Weapons Convention, reveal a complete lack of consensus on the requirement of human control and serve to distract from the more important question with respect to autonomy in armed conflict: under what conditions could autonomous weapons “select” and “attack” targets in a manner that complies with the law of armed conflict (LOAC).

This article analyzes the specific LOAC rules …

On "Projecting Stability: A Deployable Nato Police Command", Raymond E. Bell

The US Army War College Quarterly: Parameters

No abstract provided.

Civilians, Urban Warfare, And Us Doctrine, Andrew Bell

The US Army War College Quarterly: Parameters

No abstract provided.

Never Again? Germany's Lessons From The War In Afghanistan, Philipp Münch

The US Army War College Quarterly: Parameters

No abstract provided.