Military, War, and Peace Commons^™

Detentions, Military Commissions, Terrorism And Domestic Case Precedent, Carl W. Tobias

Law Faculty Publications

Laura Dickinson's recent article in this journal substantially improves appreciation of how the United States has detained suspects and instituted military commissions as well as of the roles played by the controversial procedure and tribunals when fighting terrorism. She meticulously traces how detentions and the commissions evolved, trenchantly criticizes them, and persuasively shows international tribunals' comparative advantage. Dickinson accords relevant domestic case precedent a somewhat laconic analysis, however. For example, she briefly mentions separation-of-powers concerns and Supreme Court opinions that detentions and military commissions implicate while rather tersely assessing Ex parte Quirin, the Second World War decision on which …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane

Michigan Journal of International Law

This paper proceeds as follows. In Part I, the author discuss a pluralistic theory of accountability. He begins by defining accountability in a standard fashion, emphasizing two conditions: the availability of information to accountability-holders, and their ability to sanction power-wielders. The author then proceeds to discuss a pluralistic conception of accountability systems. Part II then develops a typology of eight accountability mechanisms, all of which are found in democratic societies, but not all of which are democratic per se. Part III builds on the Jacobson-Ku discussion of the current practices, relative to accountability, of the Security Council and asks …

Posse Comitatus: Preparing For The Hearings, Michael F. Noone Jr.

Scholarly Articles

This Essay is intended for Congressional committee staff-whether employed by the committee or by members assigned to the committee-if they are called to review an administration legislative proposal to amend or repeal The Posse Comitatus Act ("The Act").2 It will be in two parts: background (to ensure that you and your members understand the statute's origins and implications); and separate Sections on expected issues and positions that will be asserted, or should be explored, as you prepare for testimony by supporters and opponents of the Bill.

The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

Gender, Human Rights, And Peace Agreements, Christine M. Chinkin

Articles

I would first like to thank the organizers for the very great honor of being asked to present the annual Schwartz Lecture in 2002. It is especially apposite to discuss issues of international peace agreements in Ohio, not far from Dayton which is famous as the location of the process that brought an end to the war in Bosnia-Herzegovina. However this lecture is going to examine issues that were not explored at Dayton, that is, some relationships between gender, peace agreements, and international human rights. In addition, because the function of peace agreements in today's world has become the broader …

The Role Of The United States Military Lawyer In Projecting A Vision Of The Laws Of War, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft

Scholarly Articles in Law Reviews & Journals

Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …

Constitutional Law: The Province And Duty Of The Judicial Department: Why The Court Cannot Continue To Use Justiciability To Avoid Dealing With The Tension Between Congress And The President Regarding The War Powers, Cassandra L. Wilkinson

Oklahoma Law Review

No abstract provided.

International Law: Blaming Big Brother: Holding States Accountable For The Devastation Of Terrorism, Sarah E. Smith

Oklahoma Law Review

No abstract provided.

Child Soldiers And The Capacity Of The Optional Protocol To Protect Children In Conflict, Shara Abraham

Human Rights Brief

No abstract provided.

Agora: Future Implications Of The Iraq Conflict Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman

Articles

No abstract provided.

Law In The Heart Of Darkness: Atrocity & Duress, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Our faith in the law is rarely tested, since in America, at least, few of us ordinary people ever find ourselves at the extremes, confronting violence and terror. But the extremes have a way of creeping up on us, and the unimaginable can quickly and imperceptibly begin to seem routine. Millions of ordinary Europeans discovered this in the middle of the last century, and thousands of ordinary Americans discovered it in Vietnam. Some Americans are discovering it again today in the mountains and deserts of Afghanistan and Iraq. Experientially, there is often no sharp dividing line between "ordinary" life and …

Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Enemy Combatants, The Courts, And The Constitution, Roberto Iraola

Oklahoma Law Review

No abstract provided.

Trends. Getting Emotional On Nonlethal Weapons, Ibpp Editor

International Bulletin of Political Psychology

This article describes a significant biopsychosocial impediment to developing nonlethal weapons affecting emotional functioning.

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.

The War On Terrorism And The Constitution, Michael I. Meyerson

All Faculty Scholarship

Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …

Trends. Predicting An Iraqi Insurrection: A Contribution From Balance Theory, Ibpp Editor

International Bulletin of Political Psychology

This Trends article evaluates the problematic of concept of enemies and supposed allies among supporters of a United States-led military intervention in Iraq.

Thinking About Thinking In An Era Of Globalization: Implications For International Security, Ibpp Editor

International Bulletin of Political Psychology

This article identifies and critiques hypotheses concerning the impact of globalization on thinking and suggests consequences of thinking (reason, logic) as an epistemological tool of international security.

Rehnquist's Vietnam: Constitutional Separatism And The Stealth Advance Of Martial Law, Diane H. Mazur

UF Law Faculty Publications

This Article argues that judicial deference to the military, at least as the principle is understood in contemporary decisions of the Court, is surprisingly recent and not at all constitutionally established. In fact, this deference departs from constitutional text and from a line of Supreme Court precedent concerning civilian-military relations extending back before the Civil War. Broad judicial deference to military discretion is only a creation of the post-Vietnam, all-volunteer military and, more specifically, only a creation of one single Justice of the Supreme Court, William H. Rehnquist.

In Greer v. Spock, First Amendment values were displaced narrowly in the …

Genocide: The Trial Of Adolf Eichmann And The Quest For Global Justice, Matthew Lippman

Buffalo Human Rights Law Review

No abstract provided.

Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua

Buffalo Human Rights Law Review

This piece analyzes the effects of the global war on terror in the aftermath of the September 11 attacks. The author argues that under the pretext of a global war on terrorism, the United States has set out to dominate the globe in a campaign that will undoubtedly influence human rights, and diminish their respect and enforcement. Human rights will now be defined by the United States to exclude and narrow them while putting pressure on large international institutions such as the United Nations to subordinate itself to other American interests. Thinkers and advocates should work together to craft a …

Designation Of Foreign Terrorist Organizations Under The Aedpa: The National Council Court Erred In Requiring Pre-Designation Process, Joshua A. Ellis

BYU Law Review

No abstract provided.

Full Volume 78: Legal And Ethical Lessons Of Nato's Kosovo Campaign

International Law Studies

No abstract provided.

International Humanitarian Law After Kosovo: Is Lex Lata Sufficient?, Ove Bring

International Law Studies

No abstract provided.

Searching For Justice In An Unjust World, Sharon Healey

Human Rights & Human Welfare

A review of:

Stay the Hand of Vengeance by Jonathan Gary Bass. Princeton: Princeton University Press, 2000. 368pp.

and

For Humanity: Reflections of a War Crimes Prosecutor by Richard Goldstone. New Haven, CT: Yale University Press, 2000. 152pp.

Privacy And The Post-September 11 Immigration Detainees: The Wrong Way To A Right (And Other Wrongs), Sadiq Reza

Faculty Scholarship

In forthcoming work, I argue that this common-law privacy right should indeed attach to individuals arrested for or suspected of crime.9 I also argue that support for the right exists in a variety of judicial, statutory, and other sources, and that legislation to formally protect the right is warranted and constitutional. The reasoning is simple: being publicly named in connection with criminal allegations is stigmatizing, and the resultant personal harm-social, professional, emotional, other-lasts, and is difficult to justify when it is visited upon someone who is acquitted of the charges or against whom the charges are dismissed. Equally troubling is …

The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker

Georgetown Law Faculty Publications and Other Works

National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.