Military, War, and Peace Commons^™

Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler

Articles & Chapters

No abstract provided.

An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude

Articles by Maurer Faculty

This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …

….With Helmet And Flak Vest: Practicing International Law In War Zones, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Justice For Iraq, Justice For All, Michael J. Frank

Oklahoma Law Review

No abstract provided.

The End Of Legitimacy, Mary Ellen O'Connell

Journal Articles

IRAQ: ONE YEAR LATER

INTRODUCTORY REMARKS by Mary Ellen O'Connell, 261

THE USE OF FORCE IN IRAQ: ILLEGAL AND ILLEGITIMATE by Anne-Marie Slaughter, 262-63

THE IRAQ WAR AND THE FUTURE OF INTERNATIONAL LAW by Richard Falk, 263-66

THE ROLE OF INTERNATIONAL LAW AND THE UN AFTER IRAQ by Thomas M Franck, 266-69

THE END OF LEGITIMACY by Mary Ellen O'Connell, 269-70

THE PROBLEMS OF LEGITIMACY-SPEAK by James Crawford, 271-73

The Constitution In Crisis Times, Jack N. Rakove

Cardozo Public Law, Policy & Ethics Journal

The article examines the challenges the U.S. Constitution faces during crises, particularly in the context of the post-9/11 "War on Terror." It argues that terrorism represents a persistent condition rather than a traditional war, requiring a balanced approach to security and civil liberties. The author emphasizes the importance of constitutional checks on executive power and the role of Congress in ensuring civil liberties are protected during crises.

War And American Constitutional Order, Mark E. Brandon

Vanderbilt Law Review

In their introduction to a fine new edition of Alexis de Tocqueville's Democracy in America, Harvey C. Mansfield and Delba Winthrop claim that "[i]f the twentieth century has been an American century, it is because the work of America... has been to keep democracy strong where it is alive and to promote it where it is weak or nonexistent." By "democracy" they doubtless intend something akin to "constitutional democracy," "liberal democracy," or "republican government." I take each of these to be a rough proxy for a constitutionalist system that includes (1) institutions authorized by and accountable to the people (both …

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson

ExpressO

A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …

Matthew S. Weinert On Crimes Against Humanity: The Struggle For Social Justice By Geoffrey Robertson. New York: The New Press, 1999 (Revised 2002). 658pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Crimes Against Humanity: The Struggle for Social Justice by Geoffrey Robertson. New York: The New Press, 1999 (revised 2002). 658pp.

Lbj's Ghost: A Contextual Approach To Targeting Decisions And The Commander In Chief, James E. Baker

Georgetown Law Faculty Publications and Other Works

The moral imperative and relevance of the Law of Armed Conflict (“LOAC”) is more apparent today than before September 11, 2001. Law distinguishes democratic societies from the terrorists who attack them; nowhere is this more apparent than in the methods and means of warfare. Indeed, part of our revulsion and contempt for terrorism lies in the terrorists' indiscriminate, disproportionate, and unnecessary violence against civilians. In contrast, the enduring strength of the LOAC is its reliance on the principles of proportionality, necessity, and discrimination, which protect civilians and minimize combatant suffering. For these reasons, we should not begrudge the LOAC's limitations …

Trends. Suicidal Terrorism And The Death Penalty, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses why an established death penalty for terrorists who would, by their own actions, suicide might be appropriate.

American Warfare In The Twenty-First Century, Paul R. Camacho

New England Journal of Public Policy

Over the last several years there have been a number of calls for the development of a new theoretical doctrine to govern the force structure of the United States military. The last big change in doctrine occurred in the post-Vietnam era. It involved not simply the change to the all-volunteer force, but an abandonment of escalation brinkmanship and open-ended missions. The subsequent Powell Doctrine demanded the use of overwhelming force and clear objectives and boundaries for military intervention. As the new millennium approached, the deficiencies of the Powell Doctrine became apparent — the multilateral approach of coalition building and the …

From Just War To Just Intervention, Susan J. Atwood

New England Journal of Public Policy

What is Just War? What is Just Intervention? This paper examines the evolution of the criteria for Just War from its origins in the early Christian church to the twenty-first century. The end of the Cold War era has expanded the discussion to include grounds for intervention. Indeed, in the 1990s, a number of multilateral interventions took place on humanitarian grounds. But the debate is ongoing about whether the criteria applied in the Just War theory — proper authority, just cause, and right intent — remain valid in an era of Just Intervention. The author examines as case studies some …

Human Rights & The International Criminal Court, John Shattuck, Valerie Epps, Hurst Hannon

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the US government had on it, issues about war crimes, and human rights to name a few.

The Link Between Poverty And Violent Conflict, J. Brian Atwood

New England Journal of Public Policy

The threat to the international system from the many forms of violent conflict, terrorism being the most prominent among them, is greater today than it was at the end of the twentieth century. This escalation of global conflict has been attributed to the breakup of the Soviet State, increasing ethnic tensions, weak governance at both the nation-state and international levels, and the rise of religious extremism. Each of these factors contributes to instability and the social tensions that lead to violence. It will be posited here that there is also a significant link between poverty and violent conflict, one that …

The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy

New England Journal of Public Policy

Over the last fifty years the United States has fought four covert wars by using a unique combination of special operations and airpower as a substitute for regular ground troops. Such covert wars are removed from Congressional oversight and conventional diplomacy. Their battlegrounds become the loci of political instability. In highland Asia, while these covert wars are being fought, CIA protection transforms tribal warlords into powerful drug lords linked to international markets. Arguably, every nation needs an intelligence service to warn of future dangers. But should this nation have the right, under U.S. or international law, to conduct its foreign …

What Have We Learned From The Wars Of The Twentieth Century?, Winston Langley

New England Journal of Public Policy

Relative deprivation (RD) and its associated twin, the “othering” of human groupings, together became the root cause of the wars of the twentieth century. By examining the thirty-years of war between 1914 and 1945 and the Cold War that prevailed for the rest of the half-century, the author explores the way in which relative deprivation may be seen to have expressed itself through nationalism, liberalism, and Marxism — the three great ideologies of the twentieth century that have competed against each other and have contributed to the perception of groups and individuals that they are relatively deprived. He investigates the …

War Is The American Way Of Life, Paul L. Atwood

New England Journal of Public Policy

The war against terror following the September 11 attack is in keeping with the long history of American foreign policy. Various “doctrines” issued by one president after another since the Monroe Doctrine of 1823 are really incremental expansions of that original statement of hemispheric dominance aimed at encompassing the entire globe. The westward expansion to the Pacific coast and beyond to the Philippines, Hawaii, and the interventions in the nations of Latin America are early stages in the development of American hegemony. After intervening in the First World War, Wilson tried to dictate the peace. The rest of the century …

Wars Remembered, Shaun O'Connell

New England Journal of Public Policy

O'Connell speaks about his father, among other war veterans, dealing with the effects of the wars they fought in. He explains his father's history from how he enilisted to how he died. He also touches upon other's war experiences and writing about the after effects of them as well.

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon

New England Journal of Public Policy

Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this and the next issue of the New England Journal of Public Policy we will look at issues of war in the twentieth century; at how the nature and purpose of war have changed; at how evil stalks the human condition, how we forget, most likely because we want to forget. Some truths are too terrible to bear. They require us to ask questions of ourselves that our psyches are not equipped to answer and so they close down for the sake of our survival. Had we slaughtered dumb animals in the manner in which we slaughtered ourselves during …

The United Nations And War In The Twentieth And Twenty-First Centuries, Robert Weiner

New England Journal of Public Policy

The United Nations was created in 1945 to prevent another world war. It was designed, as the Preamble to the Charter states, to eliminate the scourge of war. The failure to agree on a permanent UN international army meant that the UN had to improvise in dealing with wars. Peacekeeping, which is not mentioned anywhere in the UN Charter, had to be invented. This study investigates how peacekeeping has evolved through four “generations,” culminating in Unsanctioned multinational forces consisting of “coalitions of the willing.” The study also stresses how one of the greatest peacekeeping failures of the UN in the …

War & Public Health In The Twenty-First Century, Barry S. Levy, Victor W. Sidel

New England Journal of Public Policy

War has profound adverse effects on public health. War leads to death for military personnel and especially for civilians, long-term physical and psycho- logical consequences to survivors, destruction of sociocultural and ambient environments, and diversion of needed resources. In addition, war legalizes and promotes violence as a mode of solving problems. These and related issues relating to war in the twenty-first century are analyzed in this paper. The authors discuss several approaches to preventing war and minimizing its consequences on health — including addressing the underlying problems that often lead to war, promoting a culture of peace, and controlling weapons.

The Logic Of Peace, Jonathan Schell

New England Journal of Public Policy

Jonathan Schell’s The Unconquerable World points the way out of the devastation of the twentieth century toward another, more peaceful path. And his investigations into the great nonviolent events of modern times — from Gandhi’s independence movement in India to the explosion of civic activity that brought about the surprising collapse of the Soviet Union — suggest foundations of an entirely new kind on which to construct an enduring peace. As Schell makes clear, all-out war, with its risk of human extinction, must cease to play the role of final arbiter. “The Logic of Peace,” printed here, is the final …

Worldview And Culture: Leadership In Sub-Sahara Africa, Betsie Smith

New England Journal of Public Policy

The traditional worldview and culture of Africa was very different from that of the West today: man was at the center of a religious universe; time was generally felt to be under the control of man, not the reverse; the belief that the dead are able to influence the living enhanced reverence for the elderly; a belief in collectivism was far stronger than a belief in individualism. Colonial- ism, the Cold War, and three decades following independence upset the traditional African worldview and created bewildering frictions within the political, economic, and social wellbeing of the continent. The role of African …

Globalization: New Challenges, Cornelio Sommargua, Robert Jackson, Ramu Damodaran, Philip Bobbitt

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the UN has on it, sovereignity, and human rights to name a few.

Barbarians At The Gates: A Post-September 11th Proposal To Rationalize The Laws Of War, William C. Bradford

ExpressO

My article, Barbarians at the Gates: A Proposal to Rationalize the Laws of War.  The piece proposes that in the War on Terror a new approach to the laws of war is necessary to harmonize the functional purpose of the law of war with the nature of the threat presented by terrorism to civilization.

The Military -Judicial Nexus In Response To Terrorism: Kkk And Alqaeda, Wayne Mccormack

ExpressO

In considering the validity of "enemy combatant" status and military detention for alleged terrorists, several additional propositions emerge. Indefinite military detention of a US citizen arrested on US soil for a domestic crime is far beyond the pale of basic constitutional underpinnings. With respect to noncitizens and citizens captured overseas, military power is arguable but far from solid. In that event, why not take the route that does the least disruption to our system? Second, because the law abhors incoherence, we should be able to make coherent distinctions among alleged terrorists for the purpose of deciding who is tried in …