Military, War, and Peace Commons^™

The Day After Tomorrow: What Happens Once A Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider

Nevada Law Journal

No abstract provided.

Peace Versus Justice, Richard J. Goldstone

Nevada Law Journal

No abstract provided.

Fighting Terrorism And Preserving Civil Liberties, James B. Comey

University of Richmond Law Review

No abstract provided.

Multilateralism And War: A Taxonomy Of Institutional Functions, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

The dichotomy that emerged from the debate over the United States' invasion of Iraq, pitting multilateralism against unilateralism, has generally obscured more than it has enlightened about the law, rationales and effectiveness of multilateralism in war. This Article examines "security multilateralism" and concludes that, while the authority to address peace and security is, as a matter of international law, aggregated at the Security Council, the functions through which the United Nations works in support of that aggregated legal mandate are dispersed throughout the organization and affiliated bodies. Inquiries that seek to measure the effectiveness of U.N. security multilateralism against …

Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong

St. Mary's Law Journal

Abstract Forthcoming.

Unanimously Wrong, Dale Carpenter

Faculty Journal Articles and Book Chapters

The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away? FAIR was wrong in tone, a dismissive vox populi, adopted by a Court …

Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell

Vanderbilt Journal of Entertainment & Technology Law

Part I of this note provides an overview of the use of media during war. It also reviews case law relating to the military's limited right to freedom of speech under the First Amendment. Part II analyzes the problems of regulating milblogs in terms of societal costs and the technological challenges of regulating behavior on the Internet. This note argues that the military's "unexceptionalist" approach toward regulation, wherein it applies the traditional principles embodied in the UCMJ to milblog regulation, undermines its goal of maintaining operational security and impedes the free flow of ideas. Finally, Part II introduces an "exceptionalist" …

The Organization Of American States, Natalie Knowlton

Human Rights & Human Welfare

The international community focused its attention on protecting human rights in response to horrendous human rights abuses during World War II. Latin and South American states enacted The American Declaration of the Rights and Duties of Man [Declaration] in 1948, shortly after their creation of the Organization of American States [OAS]. While the Declaration set forth dozens of rights, little was done in the next decade to establish a means for their protection.

Human Rights In Peru, William Osborne

Human Rights & Human Welfare

As many Central and South American nations continue to experience the human rights violations that characterized the twentieth century, Peru has moved forward. The truth and reconciliation process, which officially ended with a final report in August 2003 and corrective legal action by recent governments, created a stable nation where the rule of law applies.

International Monetary Fund, Kris Kirby

Human Rights & Human Welfare

Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.

Getting The Sand Out Of The Eyes Of The Law: The Need For A Clear Rule For Sand Suppliers In Texas After Humble Sand & (And) Gravel, Inc. V. Gomez., Victor E. Schwartz, Mark A. Behrens, Andrew W. Crouse

St. Mary's Law Journal

Health risks associated with the inhalation of silica dust have been known for a very long time. In the United States, the American Foundrymen’s Society has distributed literature addressing silica exposure hazards to its members for over 100 years. For years, litigation against industrial sand manufacturers concerning silica exposure was stable, though recently there has been a marked increase in the number lawsuits. While the number of suits continues to climb, the government reports silica-related deaths have declined dramatically. It appears plaintiffs’ attorneys are manufacturing silica claims using the same lawsuit-generating devices developed during the asbestos context. Tort law recognizes …

Defending Human Rights In The "War" Against Terror, Douglass Cassel

Journal Articles

Safeguarding human rights in our "war" against terrorism is both the right and the smart thing to do. It is right because human rights embody our fundamental values as Americans and as Christians. Our Constitution stands for freedom; our Creator teaches us to respect the God-given dignity of each human soul. Christians are called to cherish human dignity, not only of innocents, and not only of captives in war whose status as combatant or civilian may be uncertain, but also of cardinal sinners, the terrorists themselves. Christ Jesus teaches us to hate the sin, but somehow to bring ourselves to …

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

Articles

On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.

The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman

Michigan Journal of International Law

This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a "deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have …

Transitional Justice In Times Of Conflict: Colombia's Ley De Justicia Y Paz, Lisa J. Laplante, Kimberly Theidon

Michigan Journal of International Law

The authors of this Article were committed to researching the impact of the paramilitary demobilization process "on the ground"-that is, conducting qualitative research that would allow us to test the validity of different debates with the goal of generating recommendations on how future conflict and post-conflict countries might benefit from the merging of DDR and transitional justice. In this text we draw upon the preliminary results of our research on the individual and collective demobilization programs. The first stage of the project included 112 in-depth interviews with demobilized combatants from the Fuerzas Armadas Revolucionarias de Colombia-Ej rcito del Pueblo (FARC-EP) …

Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin

Articles

The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …

U.S. Military Courts And The War In Iraq, Michael J. Frank

Vanderbilt Journal of Transnational Law

Throughout its history, the United States has frequently entrusted to military courts the task of prosecuting insurgents and terrorists during instances of military occupation.

Instead of carrying on this tradition in Iraq, the United States created the Central Criminal Court of Iraq (CCCI) and entrusted a band of Iraqi judges with this task. Infected with corruption, nationalism, tribal loyalties, and anti-U.S. animus, this court has repeatedly thwarted the United States by acquitting or only lightly punishing Iraqi terrorists. Thus, the terrorists have learned that they face an excellent chance of acquittal in the CCCI, or if per chance they are …

The Detainee Treatment Act Of 2005: Embodying U.S. Values To Eliminate Detainee Abuse By Civilian Contractors And Bounty Hunters In Afghanistan And Iraq, Ryan P. Logan

Vanderbilt Journal of Transnational Law

The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the current conflicts in Afghanistan and Iraq. Civilians have been utilized in all facets of those military campaigns, including the interrogation of suspected terrorists or insurgents. Faced with intense pressure to rapidly obtain information about terrorist operations and yet having little oversight of their interrogation activities, some of these contractors and bounty hunters have been accused of abusing detainees. This Note explores the legal avenues for addressing accusations of detainee abuse by U.S. civilians in Afghanistan and Iraq and concludes …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann

Articles & Chapters

No abstract provided.

Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel

Articles & Chapters

No abstract provided.

Anglo-American Privacy And Surveillance, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The United States’ Terrorism Surveillance Program represents just one of many expansions in surveillance since 9/11, as legal controls previously introduced to protect citizens’ privacy and to prevent the misuse of surveillance powers have been relaxed. What makes the situation qualitatively different now is not just the lowering of the bar: digitization and the rapid advancement of technology mean that the type and volume of information currently available eclipse that of previous generations. The issue is not confined to the United States. Despite the incorporation of the European Convention of Human Rights into British law, the United Kingdom also appears …

Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban

Georgetown Law Faculty Publications and Other Works

When the United Nations commission investigating Darfur issued its report in January 2005, it concluded that the Darfur atrocities represented war crimes and crimes against humanity, but not genocide. This had the harmful effect of deflating efforts to mobilize political support to halt the Darfur atrocities. But the Commission's conclusion was based entirely on technicalities in the legal definitions of the international crimes, not on denial that extermination is going on in Darfur. In this paper, the author argues that the legal and popular meanings of genocide have diverged in harmful ways: where laymen understand that mass killings and rapes …

The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett

Faculty Scholarship

No abstract provided.

Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher

Faculty Scholarship

This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.

Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Voices From The Stars? America's Generals And Public Debates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Waging War Against Terror: An Essay For Sandy Levinson, Philip Bobbitt

Georgia Law Review

Wars are acts of State, and therefore there has never been a "war on terror." Of course states have fought terrorism, in many guises, for centuries. But a war on terror had to await the development of states-including virtual states like al Qaeda's global ummah 2-whose constitutional order was not confined to a particular territory or national group and for whom terror could therefore be a permanent state of international affairs, either sought in order to prevent persons within a state's control from resisting oppression by accessing global, empowering resources and networks, or suffered because other states wished to press …