Military, War, and Peace Commons^™

#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster

Scholarly Articles in Law Reviews & Journals

Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …

Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning

Articles & Chapters

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Unraveling The Law Of War, Stephen J. Ellmann

Articles & Chapters

No abstract provided.

Introductory Note To United Nations Security Council Resolution 2298, David P. Fidler

Articles by Maurer Faculty

On July 22, 2016, the UN Security Council unanimously adopted Resolution 2298 supporting efforts by the Organisation for the Prohibition of Chemical Weapons (OPCW) to remove chemical weapons from Libya and facilitate their destruction in another country. This resolution was critical to the international effort to prevent chemical weapons in Libya from being at risk of acquisition by members of the so-called Islamic State operating in Libya.

False Rubicons, Moral Panic & Conceptual Cul-De-Sacs: Critiquing & Reframing The Call To Ban Lethal Autonomous Weapons, Chris Jenks

Faculty Journal Articles and Book Chapters

Casting into the indeterminate future and projecting visions of so-called killer robots, The Campaign to Stop Killer Robots (The Campaign) has incited moral panic in an attempt to stimulate a discussion and ultimately a ban on lethal autonomous weapons (LAWS). Their efforts have been superficially successful but come at a self-defeating substantive cost. In the hope of shifting the dialogue from the hyperbolic to a constructive dialogue on the interaction between human and machine abilities in both current and future weapon systems, this article explores the conceptual paradox implicit in The Campaign and proposes an alternative.

Having provoked the international …

The Egyptian Coup, The United States, And A Call To Strengthen The Rule Of Law And Diplomacy Rather Than Military Counter-Terrorism, Thomas Mcdonnell

Elisabeth Haub School of Law Faculty Publications

This article examines from a legal and historical perspective (a) the United States’ implicit ratification of the Egyptian military’s overthrow of the first fairly and freely elected Egyptian president and (b) how the perceived U.S. support for the coup contributes to Islamic terrorism.

To guarantee that oil has been readily available (and during the Cold War to prevent the spread of communism), the U.S. has supported secular, authoritarian regimes in the Islamic world, including the House of Saud in Saudi Arabia, the Shah of Iran, Hosni Mubarak in Egypt, and, initially, Saddam Hussein in Iraq, not to mention autocratic leaders …

Knowing When Not To Fight, David Luban

Georgetown Law Faculty Publications and Other Works

Should military personnel (“soldiers”) become selective conscientious objectors to an unjust war? This chapter argues, first, that in most cases the fog of war and politics makes it unreasonable to expect soldiers to make fact-intensive judgments about whether the war is just. Second, it argues that even a justwar tribunal, of the sort proposed by Jeff McMahan, will not do the job. It will inevitably lack the legitimacy and fact-finding capacity necessary to reassure soldiers in such a weighty decision. Third, the moral importance of maintaining civilian control of the military means that soldiers should generally obey orders to deploy. …

The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.

Faculty Scholarship

The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.

Military Justice, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby

Faculty Scholarship

No abstract provided.

Why Declarations Of War Matter, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

One of the most vexing conundrums of 21st century warfare has been not just the explosive growth in the use of human shields, but the apparent systemization of the tactic, particularly by nonstate actors. In noting the international prohibition, the International Committee of the Red Cross (ICRC) defines the practice as the “intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of those military objectives.”

Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith

Faculty Scholarship

No abstract provided.

A Meaningful Floor For "Meaningful Human Control", Rebecca Crootof

Law Faculty Publications

To the extent there is any consensus among States, ban advocates, and ban skeptics regarding the regulation of autonomous weapon systems (AWS), it is grounded in the idea that all weaponry should be subject to "meaningful human control." This "intuitively appealing" principle is immensely popular, and numerous States have explicitly declared their support for it or questioned the lawfulness of weapons that operate without such control. Lack of opposition has led some to conclude that it is either a newly developed customary norm or a preexisting, recently exposed rule of customary international law, already binding on all States.

But this …

War Torts: Accountability For Autonomous Weapons, Rebecca Crootof

Law Faculty Publications

Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they may take actions that look like war crimes—the sinking of a cruise ship, the destruction of a village, the downing of a passenger jet—without any individual acting intentionally or recklessly. Absent such willful action, no one can be held criminally liable under existing international law.

Criminal law aims to prohibit certain actions, and individual criminal liability allows for the evaluation of whether someone is guilty of a moral wrong. Given that a successful ban on autonomous weapon systems is unlikely …

Pilot Programs For Veterans Transition To Engineering Fields, Vukica M. Jovanovic, Anthony W. Dean, Carol L. Considine, Karina Arcaute, Petros Katsioloudis, Mileta Tomovic, Thomas B. Stout, Connor Schwalm, Jennifer G. Michaeli, Yuzhong Shen

Engineering Technology Faculty Publications

Veterans, through their active service, frequently receive training in highly skilled technical areas. However, they may lack a theoretical background in underlying engineering principles. They also need additional support with the transition from a highly structured military environment to an environment with more ambiguous time constraints and different sorts of responsibilities. Moreover they are facing challenges which are specific for their student population. Therefore, enabling multiple mechanisms which would support them and provide them necessary guidance are especially important at universities with large veteran populations such as at Old Dominion University in Norfolk, Virginia. Hence, there is a need for …

A Pilot Program For The Recruitment And Education Of Navy Veterans Based On System-Level Technical Expertise And Leadership Maturation Developed During Service, Anthony W. Dean, Connor Schwalm, Patrick S. Heaney, Linda Vahala, Yuzhong Shen, Jennifer G. Michaeli

Engineering Technology Faculty Publications

The project, Stern2STEM, aims to advance STEM (Science, Technology, Engineering, and Mathematics) education through the preparation of student veterans to pursue baccalaureate STEM degrees and support the re-employment of these veterans into the Department of Defense (DoD) and the wider defense support industry. The program builds on the training that veterans have received in highly skilled technical areas, both in the classroom and “on-the-job”, to develop system level expertise in their respective technical disciplines. Key components of the program include: (1) establishing a mechanism for outreach and recruitment; (2) providing leveling, tutoring, mentoring, and support for students; (3) teaching …

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.

Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies

Law Faculty Scholarship

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Commentary And Reply, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Leave No Soldier Behind? The Legality Of The Bowe Bergdahl Prisoner Swap, Steven M. Maffucci

Buffalo Law Review

No abstract provided.

To Win Wars, Correct The Army's Political Blind Spot, Joseph Roger Clark

The US Army War College Quarterly: Parameters

No abstract provided.

An Interview With David H.Petraeus, General (Usa Retired), Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Rethinking America's Grand Strategy: Insights From The Cold War, Hal Brands

The US Army War College Quarterly: Parameters

No abstract provided.

Landpower And American Credibility, Michael Allen Hunzeker, Alexander Lanoszka

The US Army War College Quarterly: Parameters

No abstract provided.

America's All Volunteer Force: A Success?, Louis G. Yuengert

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria

The US Army War College Quarterly: Parameters

No abstract provided.

The 'War' In Russia's 'Hybrid Warfare', Andrew Monaghan

The US Army War College Quarterly: Parameters

No abstract provided.

The Utility Of Nuclear Weapons Today: Two Views, José De Arimatéia Da Cruz

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.