Military, War, and Peace Commons^™

Silence Gives Consent, Phillip C. Jessup

Georgia Journal of International & Comparative Law

No abstract provided.

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.

Centcom Report On The Kunduz Hospital Attack: Accounting For A Tragedy Of Errors, Peter Margulies

Law Faculty Scholarship

No abstract provided.

50th Anniversary Of Anti-Napalm Shipment Protest In Alviso, Ca, Gil Villagran

Faculty Research, Scholarly, and Creative Activity

 50th Anniversary of Anti-Napalm Shipment Protest in Alviso, CAMemorial Day 2016  (Originally written to my friends from Santa Clara High School, class of 1966) Gentlemen,   Please see the announcement attached of the commemorative peaceful action in Alviso on Weds, May 25 at 6 pm, from where the U.S. Army shipped Napalm fifty years ago to be used in Vietnam.

The Vietnam War, Yet Another War Based On An Unquestioned & Discredited Cia "Intelligence", Gil Villagran

Faculty Research, Scholarly, and Creative Activity

Many of my generation who came of age in the 1960s and went to college were advantaged by student deferments, able to “dodge the draft” into military service. Three of my best friends did not go to college long enough to be deferred for long, so were drafted and after basic training, deployed to Vietnam. Thankfully Bobby survived, thou I know with some trauma, the other two were tragically killed, as were 58,000 others were killed in that war as well as four student protestors at Kent State University, and other paralyzed. Rizzo was shot by a sniper on a …

Incentivizing Armed Non-State Actors To Comply With The Law: Protecting Children In Times Of Armed Conflict, Sarah Hafen

BYU Law Review

No abstract provided.

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel

Georgia Journal of International & Comparative Law

No abstract provided.

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg

International Law Studies

This article discusses domestic measures taken by the Netherlands to combat the phenomenon of foreign terrorist fighters, predominantly in the context of the Syrian conflict. It discusses criminal prosecution, asset freezes, deprivation of nationality and revocation of travel documents. The author concludes that in each of these fields, there is a close relationship between international law and national law.

Prosecuting Child Soldiers: The Call For An International Minimum Age Of Criminal Responsibility, Brittany Ursini

St. John's Law Review

(Excerpt)

This Note discusses the current state of international law on the MACR and proposes a solution that balances the protection of child soldiers with the rights of the victims harmed by their unlawful conduct. Part I of this Note provides a brief background of child soldiers and closely examines the relevant international law addressing the criminal responsibility of child soldiers. Part II illustrates the deficiencies of current international law and describes how the deficiencies affect and contribute to the competing arguments regarding a MACR. Part III discusses the need for an international MACR. Finally, Part IV proposes an international …

Discussion On The Law Of Individual And Collective Self-Defense, Cary Yates, Lindsey Back

Georgia Journal of International & Comparative Law

No abstract provided.

The United Nations And Collective Security: Some Normative And Empirical Considerations, Corey D. Schou

Georgia Journal of International & Comparative Law

No abstract provided.

A Legal Theory Of Collective Security, David Frolick

Georgia Journal of International & Comparative Law

No abstract provided.

Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road

Georgia Journal of International & Comparative Law

No abstract provided.

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba

Georgia Journal of International & Comparative Law

No abstract provided.

Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne

Georgia Journal of International & Comparative Law

No abstract provided.

The Use Of Force In Bloc Situations, Ross R. Oglesby

Georgia Journal of International & Comparative Law

No abstract provided.

Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute

Georgia Journal of International & Comparative Law

No abstract provided.

Transfer Of Arms To Combatants And The Control Of Force: The Arab-Israeli Case, David P. Forsythe

Georgia Journal of International & Comparative Law

No abstract provided.

The Legal Regulation Of Armaments And The Control Of Force, Adrian S. Fisher

Georgia Journal of International & Comparative Law

No abstract provided.

Discussion On The Problem Of Defining Aggression, Salo Engel, James L. Taulbee

Georgia Journal of International & Comparative Law

No abstract provided.

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.

The Legal Control Of The Use Of Force And The Definition Of Aggression, Donald C. Piper

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Hamad V. Gates And The Continuing Interpretation Of Boumediene: A Note On 732 F.3d 990 (9th Cir. 2013), Paul Blenz

Journal of the National Association of Administrative Law Judiciary

A particularly prevalent type of claims in post-Boumediene cases are Bivens claims by detainees. One such case is Hamad v. Gates. Hamad represents a typical claim made by such detainees, and is the focus of this note. In Hamad, the Ninth Circuit held that a statute that had previously thought to be entirely overruled by Boumediene actually survived. This statute, 28 U.S.C. § 2241(e), stemmed from years of back-and-forth debate between the Supreme Court and Congress. The result of this conflict is still unsettled. The main issue is whether the Court’s primary concern in overruling the jurisdiction-stripping statutes of Congress …

Exclusion Zones In The Law Of Armed Conflict At Sea: Evolution In Law And Practice, Sandesh Sivakumaran

International Law Studies

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest in size and defensive in character. Second, it turns to the exclusion zones of the First World War and several subsequent conflicts. The exclusion zones of this period were fundamentally different to those of the Russo-Japanese war: if a vessel was within an exclusion zone, it was deemed susceptible to attack. The article then turns to the third phase …

Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher

Buffalo Human Rights Law Review

No abstract provided.

The Obligation To Establish Sentences For Torture That Are Commensurate With The Gravity Of The Offense, Daniel O'Donnell

Buffalo Human Rights Law Review

No abstract provided.

Hanoians’ Experience: Suspending Moral Bias To Recognize Human Dimensions Of War, Maggie Norsworthy

Independent Study Project (ISP) Collection

Talking about, and learning lessons from The American War in Vietnam can be a process whose genuine engagement requires a suspension—even if temporary—of moral and cultural biases that are embedded in the Western mindset. This research project is one that composes military strategy, government rhetoric, and very human accounts of war in Vietnam in order to understand how people in Hanoi experience and talk about war, with an ultimate aim of making some of these stories and lessons digestible to a Western audience.

My findings discuss some key components of the North Vietnamese mindset towards the American War in Vietnam: …