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The Fiction Of Equitable Distribution: Military Divorce, Disability, And The “Dire Plight” Of The Former Military Spouse, Zoe Speas

Washington and Lee Law Review

Division of retired pay is one of the most emotionally fraught elements of military divorce. For the servicemember, retired pay compensates decades of service to his country. For the civilian spouse, it remunerates the same decades of domestic labor that enabled such service. Federal restrictions on division of military retirement have spawned confusion and litigation for more than thirty years. Today, former spouses remain extremely vulnerable to this unique and “dire plight.”

In civilian divorce, state courts apply state law to fairly distribute marital assets. Military retirement and disability benefits, however, fall within the scope of the Uniformed Services Former …

The “Dire Plight” Contextualized: Comment On “The Fiction Of Equitable Distribution: Military Divorce, Disability, And The ‘Dire Plight’ Of The Former Military Spouse” By Zoe Speas, Catlin Meade

Washington and Lee Law Review

For forty years, military spouses have sacrificed their economic security and personal well-being to support their servicemember spouse’s military career, only to be thrust into a “dire plight” if their marriage ends in a community property state. The legislative policy that put them in this untenable position has not served federal interests: the military currently faces a recruiting crisis and military spouses’ economic security has not improved since the USFSPA. It is time for Congress and the DoD to reexamine the incentives and benefits provided to servicemembers and their families. Congress and the Court must end the USFSPA’s groundless, inequitable, …

Space Warfare: Do We Need Additional Treaties?, Col. Stuart A. Pettis (Ret.)

Case Western Reserve Journal of International Law

With the growth in counter-space weapons and military services dedicated to space, should International Humanitarian Law be expanded to address a “war in space?” This Paper will examine what a conflict in space would look like and existing laws that govern military activities in space. Ultimately, this paper will argue that International Humanitarian Law is already flexible enough to address this new venue for conflict. (Abstract from author.)

Book Review, Rumyana Van Ark Et Al., Children’S Rights, ‘Foreign Fighters’, Counter-Terrorism: Children Of Nowhere (2024), Mark A. Drumbl

Scholarly Articles

The focus of Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism: Children of Nowhere is on foreign fighters who join terrorist groups, ISIS, and other entities engaged in armed conflict in Syria and Iraq. Counterterrorism measures, and the threats of terrorist attacks, have triggered a degradation and distortion of law. I have noted this following the 9/11 attacks and the concomitant refusal to treat children associated with terrorist groups as protected child soldiers. Whereas child soldiers in distant African conflicts are largely seen in the centers of global power as ‘faultless, passive victims’ of a pathological society, child terrorists taken as disruptive of …

Ad Astra Per Aspera: Legal Revision Of Space Laws And Intellectual Property To Cultivate Global Alliance And Innovation, Jaiden E. Haggiag

Honors Undergraduate Theses

This thesis explores the inadequate nature of the current legal space regime and points out the gaps in outer space laws, including the following: Jurisdictional Challenges, Frameworks of Liability, and IP (Intellectual Property) Enforcement, utilizing laws such as the Outer Space Treaty (OST), the Liability Convention, the Registration Convention, the Moon Agreement, the Patent Cooperation Treaty (PCT), and TRIPS, along with national laws like the U.S. Commercial Space Launch Competitiveness Act and The Inventions in Outer Space Act (35 U.S.C. § 105.). Through analysis of current scholarly proposals and treaty evolution and synthesize to provide policy options, the goal of …

Rightly Dividing Jus Ad Bellum And Jus In Bello In The Israel/Hamas War, Jeffrey F. Addicott

Faculty Articles

The purpose of this paper is to: (1) review the applicable rule of law as it relates to both the initiation of warfare and the use of armed force in the execution of that warfare; and (2) apply those legal standards to the facts associated with the Israel/Hamas conflict. While this may seem an easy task – to set out unanimity in the international community – it is not. The inability to set bright lines of distinction between aggressors and those acting in self-defense is not just a failure in definition or even understanding, it is a failure to legitimize …

Contested Criminalization, Steven Arrigg Koh

Faculty Scholarship

How does the U.S. government decide to deploy criminal justice abroad? From the Syrian civil war to the Israel-Gaza conflict, Russia-Ukraine War, and U.S.-China relations, criminal law sits at the heart of contemporary U.S. foreign relations. And yet legal scholarship has never precisely explained how the U.S. government deploys or supports criminal prosecutions abroad, often defaulting to simplistic labels of the United States as exceptionalist, carceral, or isolationist. This Article rectifies this by introducing a theory of contested criminalization, piercing the veil of U.S. government decisionmaking in its use of criminal law in foreign policy. According to this process, …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum

Touro Law Review

This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …

Mental Health In The Post-Deployment Transition Assistance Program: A Qualitative Study Of National Guard Members' Experiences, Alayna L. Collins

Antioch University Dissertations & Theses

Objective: National Guard post-deployment and reintegration processes leave servicemembers with a unique urgency to return to their families, homes, and civilian lives due to the timing and location of the post-deployment Transition Assistance Program (TAP); consequently, National Guard members have reported “checking the boxes” on mental health screeners to prioritize a quick and smooth transition (Salahi, 2023). Although researchers have called for data on the experiences of National Guard members undergoing post-deployment TAP since 2005 (Bascetta), no research to date has answered this call. Method: Eight National Guard members who had been deployed and had undergone post-deployment were individually interviewed …

The Abuse Of Neutrality, Rebecca Ingber

Articles

Neutrality law is a musty and obsolete body of international law that nevertheless rears its creaky head now and again in dangerous ways, most recently in the Russia-Ukraine conflict. The law of neutrality is a study in contradictions. It is obsolete yet remains on the books in treaties and military manuals. It purports to keep the peace and protect non-warring states yet today is invoked to expand conflict and protect aggressors. The legal benefits of neutrality have been entirely overtaken by other regimes. And yet neutrality law has not lost its luster despite losing its value. Instead of letting it …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

New Treaty Law On Autonomous Weapons? An Opportunity To Reframe The Discourse, Laurie R. Blank

Case Western Reserve Journal of International Law

Calls for a new treaty for autonomous weapons—or for any other new technology—stem from a concern at the most basic level: the concern that LOAC’s existing treaties are not sufficient to fulfill their core purposes of protecting civilians and other vulnerable persons and regulating the conduct of hostilities. Could treaties drafted in 1949—when air power was new and space a distant dream, when the first operational computer ran its first program and navigation relied on the compass and sextant—be sufficient for the complexities and challenges of the electromagnetic spectrum, artificial intelligence, quantum mechanics, machine learning, cyber, anti-satellite weapons, and other …

Autonomous Weapons Systems And Proportionality: The Need For Regulation, Craig Martin

Case Western Reserve Journal of International Law

This Article examines the question of whether International Humanitarian Law (IHL) requires modification to effectively govern autonomous weapons systems (AWS). Given that the imminent development and deployment is unlikely to be prohibited, and that AWS may not comply with IHL in certain circumstances, the question of why and how IHL needs to be adjusted is important, and not sufficiently studied. The analysis focuses on the principle of proportionality—a principle whose implementation demands complex, contextual, and sophisticated judgment—as a means of exploring and illustrating the issue. The Article explains why the operationalization of the principle of proportionality would present challenges for …

Does The Dual-Use Of Space Objects Necessitate A New Geneva Convention?, Svenja Berrang, Ll.M.

Case Western Reserve Journal of International Law

With “the first commercial space war” in Ukraine, the widespread and ever-increasing practice of using commercial space systems and services for military activities came to the public eye. States increasingly rely on and integrate commercial space activities1 into military activities to enhance their military capabilities and to strengthen deterrence. But by incorporating commercial actors into their military activities, States may incidentally make civil actors become military targets during an international armed conflict. Eventually, this may endanger commercial employees when those employees take direct part in hostilities and ultimately lose their protection as non-targeted civilians.

This Article examines the increased reliance …

The Failings Of Post-War Japanese Antitrust Reforms, Gregory Hayes

Northwestern Journal of International Law & Business

This paper discusses the antitrust reform measures taken during the occupation of Japan following the end of World War II. These antitrust reforms included the dissolution of the zaibatsu business groups and the adoption of the Antimonopoly Act. However, the trust-busting and antitrust measures taken by Japan failed to prevent the eventual rise of keiretsu business groups and lower the concentration of corporate ownership in Japan. The primary reasons behind this failure were the inability of the reformers to fully dismantle the zaibatsu business groups and the changing priorities of the reformers due to the growing threat of the spread …

The 1949 Geneva Conventions At 75: Examining The Place Of Non-State Armed Groups, Ezequiel Heffes

Case Western Reserve Journal of International Law

When the 1949 Geneva Conventions were adopted seventy-five years ago, the armed conflict landscape was very different from the one we currently observe. Back then, although non-State armed groups (NSAGs) existed, their regulation was considered to fall (almost exclusively) under the relevant territorial State’s internal laws. Nowadays, on the contrary, every time the international community discusses the application of international law to armed conflict, questions emerge about the role, status, and behaviors of NSAGs. Due to their involvement in the majority of armed conflicts, NSAGs have become immovable actors of the international humanitarian legal scene. Many of these queries arise …

The Dangerous Rise Of Dual-Use Objects In War, Oona A. Hathaway, Azmat Khan, Mara R. Revkin

Faculty Scholarship

Each day, the news brings stories of military attacks on schools, hospitals, apartment buildings, electrical facilities, and other critical civilian infrastructure. The militaries attacking these objects often seek to justify the attacks by claiming that the civilian objects are being used by militants. Objects that are believed to have both military and civilian use are often referred to as “dual-use” objects. Even though the term has become common, international law does not recognize a “dual-use” object as a legally meaningful category. Rather, the postwar Geneva Conventions that lie at the core of modern international humanitarian law establish a bright line …

The Military's Constitutional Role, Brenner M. Fissell

Faculty Publications

A basic principle of the American constitutional order is that civilian authority must be supreme over that of the military. The violation of this principle by the British was one of the grievances enumerated in the Declaration of Independence, and the Framers responded with a Constitution that made military rule impossible. But why is so-called “civilian control” of the military so important? This deep normative question has yet to be thoroughly answered by scholars, most of who assume it away as a given. This Article takes up that task, using contemporary political theory to defend the principle of civilian control. …

The Ethics Of Military Influence On Politics, Brenner M. Fissell

Faculty Publications

Military rule is common across the world, but this form of government is incompatible with the rule of law for various reasons. To prevent this, Western democracies such as the United States impose a strong norm of civilian supremacy over military officials. The most important role of this norm of “civilian control” in America today is to police the interventions of senior military officers’ influence in politics. While the standard position is that the military should be “apolitical,” this limitation does little work in helping senior officers understand permissible conduct, as nearly every issue confronting them will implicate matters of …

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

Rethinking The Application Of Formal And Informal Justice Responses To Conflict Related Sexual Violence In Uganda, Josephine Ndagire

Genocide Studies and Prevention: An International Journal

Nearly sixteen (16) years since the "Agreement on Cessation of Hostilities Between the Government of the Republic of Uganda and Lord’s Resistance Army/Movement" (Juba Peace Agreement), accountability mechanisms envisaged therein have hardly provided meaningful redress, if at all, to victims of conflict-related sexual violence (CRSV). The peace negotiations took place shortly after the ICC issued arrest warrants for top commanders of the Lord’s Resistance Army (LRA) who insisted on being tried at home. In a bid to balance the demands of peace and justice, a local accountability mechanism was agreed. The mechanism would work parallel to traditional justice mechanisms in …

Understanding The Transitional Needs Of Servicemembers To Veterans: A Focus On Mental, Social, And Behavioral Health, Marieann C. Raguso

Theses and Dissertations

This applied dissertation was designed to fill the gaps on the transitional American veterans’ lived experience using their own voice. The reconstruction of an American Veteran’s identity after transitioning back into civilian life is a process with many challenges. Transitional practices often fail to help veterans to acculturate back into the civilian world. This includes the formulation of identities and associations. There is a lack of consistency in military transitional practices leading to identity loss and the formulation of mental and behavioral disorders. The aim of this study is to examine the lived experiences of veterans who have transitioned back …

Air Supremacy, The Enabler Of Close Air Support Operations – An Evaluation Of Past, Present, And Future Air Campaigns., Owen Topolnicki

Senior Honors Theses

The achievement of gaining aerial supremacy, or lack thereof, is the hinge upon which Close Air Support (CAS) swings. The attainment of it enables CAS specialist aircraft, not unlike the Ju-87 Stuka or A-10 Thunderbolt II, to be exceptionally effective in their operating environment. While the lack of it, forces aircrews to pioneer new solutions either in the form of multi-role aircraft (capable of self-defense), or other innovative solutions similar to unmanned aerial systems (UAS’s), as aptly seen in the ongoing Russo-Ukrainian conflict. Thus, the ability of an air force to gain air supremacy and to do so quickly, …

Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …

A Childhood At Risk: The Child's Rights From Gaza's Children's Perspectives During The Israeli Attack, Saida Affouneh, Dua’ Wahbeh Ghosheh, Kareema Ali

An-Najah University Journal for Research - B (Humanities)

Objective: The ongoing Israeli attack on Gaza exposed the Palestinian children to tremendous experiences of fear, pain, hunger, thirst, and deprivation of family and housing. the current paper embarks on exploring the different dimensions of the child's rights as perceived by the Palestinian children who live in Gaza during the Israeli attack on their land after the seventh of October, 2023. Methodology: The paper tries to shift the spotlight onto the voices and experiences of children, reclaiming their rights within the narrative of war. Thus, video content analysis was used to examine 30 selected videos featuring 63 children, primarily from …

Protection Of Nuclear Facilities In Warfare Under International Law, Gary Corn, Sean Watts

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Aid Or Abuse? A Review Of U.S. Police Assistance Programs In Latin America During The Early Cold War, Brianna Mcnally

War, Diplomacy, and Society (MA) Theses

During the Cold War, the United States used police assistance programs in under-developed countries to stop the spread of communism. Police aid aimed to improve a country’s economic stability and internal security to curb the rise of communist revolutions. The U.S. government charged the Office of Public Safety (OPS) within the U.S. Agency for International Development (USAID) with managing police assistance programs around the world, including in Asia, Africa, and Latin America.

Despite its seemingly good intentions, the OPS became a short-lived program now known today for its ties to human rights abuses, especially throughout Latin America. Several Latin American …

A Delicate Balance: The Japan-Us Status Of Forces Agreement Applying A Comparative Framework To Recommend Changes To Criminal Jurisdiction Provisions In The Japan-Us Status Of Forces Agreement To Better Protect The Interests Of Japan And The United States, Keara Schmeiser

Brooklyn Journal of International Law

The criminal jurisdiction provisions of the Japan-U.S. Status of Forces Agreement (“SOFA”), which governs the rights of US servicemembers deployed in Japan, must be amended. The recent Japanese criminal conviction of a U.S. naval officer focused U.S. lawmakers’ efforts on revising the Japan-U.S. SOFA. This led to a provision in the 2024 National Defense Authorization Act (“NDAA”), which requires the U.S. Secretary of Defense and Secretary of State to analyze the largest existing U.S. bilateral agreements and their treatment of U.S. servicemembers’ rights in foreign courts and, by the end of 2024, report their findings to congressional committees. This Note …

Placing The Four Rounds Of Israeli-Palestinian Negotiations In The Twenty-First Century In A Historical And Philosophical Context, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper will take a three-pronged approach to the analysis of prior treaty negotiations and their comparison to the Israeli Palestinian conflict. The first prong, which will be addressed in the next section, will be a historical analysis of other treaty negotiations which resulted in end of conflict treaties. These examinations will include The Congress of Vienna, 1814-1815; the Portsmouth Treaty, 1905 which involved a Treaty between a European and a non-European state2 negotiated by the President of the United States and American Diplomats; the Paris Peace Conferences of 19193 ; and Multiparty Mediation in Cyprus, 1963-1965. In each of …