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White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Do National Tragedies Create Change? Kent State Shooting And The Actions Taken After., Rebekah M. Aiken 2021 Minnesota State University, Mankato

Do National Tragedies Create Change? Kent State Shooting And The Actions Taken After., Rebekah M. Aiken

Journal of Undergraduate Research at Minnesota State University, Mankato

This article is about the Kent State shooting and the events that lead up to May 4, 1970. There is background on the Vietnam War and American involvement within the war. In addition information is provided on what caused the tragedy that happened at Kent State. The article also provides the changes that happened to the Ohio National Guard following the shooting.


A Detailed Assessment Of The Sexual Assault Prevalence Statistics At The Center Of The Military Justice Reform Movement, Brian L. Cox 2021 Adjunct Professor, Cornell Law School

A Detailed Assessment Of The Sexual Assault Prevalence Statistics At The Center Of The Military Justice Reform Movement, Brian L. Cox

Cornell Law Faculty Working Papers

“Twenty thousand service members experience sexual assault every year” while “only a tiny fraction of those end up with any kind of action at all in the military justice system.” Lynn Rosenthal, director of the DoD Independent Review Commission, recently offered this observation at a press conference while summarizing the findings reflected in the commission’s report. Senator Kirsten Gillibrand indicated in a recent blog post that “an estimated 20,500 service members are sexually assaulted every year” to make the case that there “is an epidemic of sexual assault in the military and the current military justice system has ...


The International Law Of Prolonged Sieges And Blockades: Gaza As A Case Study, Eyal Benvenisti 2021 U.S. Naval War College

The International Law Of Prolonged Sieges And Blockades: Gaza As A Case Study, Eyal Benvenisti

International Law Studies

In 2007, after Hamas’ takeover of the Gaza Strip, the area was subjected to an Israeli land siege, complemented in 2009 by a sea blockade. Since then, the already-dire living conditions in the Strip have declined consistently and the area’s dependence on external aid has grown. This essay examines the duties of a military power in imposing what is effectively a years-long confinement of people and outlines a general argument for expanding the obligations of a party that imposes a prolonged siege or blockade. I consider these obligations in light of three potentially relevant legal frameworks: the law of ...


Fulfilling Porter's Promise, Danielle Allyn 2021 William & Mary Law School

Fulfilling Porter's Promise, Danielle Allyn

William & Mary Journal of Race, Gender, and Social Justice

Despite the Porter court’s reference to a “long tradition of according leniency to veterans,” in the criminal legal system, veterans are overrepresented on death rows across America, including Georgia’s. Most of these veterans come to death row with experiences of marginalization due to other aspects of their identity, such as race or mental disability.

This Article examines the cases of six men executed in Georgia, each with a history of military service, and each with experiences of disenfranchisement based on race and/or mental disability. At trial, each confronted legal risks that disproportionately place Black people and people ...


Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa 2021 University of Georgia School of Law

Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa

Georgia Journal of International & Comparative Law

No abstract provided.


Is Climate Change A Threat To International Peace And Security?, Mark Nevitt 2021 Syracuse University College of Law

Is Climate Change A Threat To International Peace And Security?, Mark Nevitt

Michigan Journal of International Law

The climate-security century is here. Both the United Nations Intergovernmental Panel on Climate Change (“IPCC”) and the U.S. Fourth National Climate Assessment (“NCA”) recently sounded the alarm on climate change’s “super-wicked” and destabilizing security impacts. Scientists and security professionals alike reaffirm what we are witnessing with our own eyes: The earth is warming at a rapid rate; climate change affects international peace and security in complex ways; and the window for international climate action is slamming shut.


Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya 2021 University of Copenhagen, Faculty of Law

Justice Delayed, Justice Denied? The Search For Accountability For Alleged Wartime Atrocities Committed In Sri Lanka, Aloka Wanigasuriya

Pace International Law Review

During the final stages of its nearly three-decades-long civil war in 2009, Sri Lanka attracted considerable international attention due to the allegations of international crimes that were said to have been committed both by the Sri Lankan government Armed Forces, the Guerilla Force, and the Liberation Tigers of Tamil Eelam (LTTE). According to United Nations (UN) experts, an estimated 40,000 civilians were killed during the final offensive, which lasted from January to May 2009. However, the Sri Lankan government has set this figure at 9,000 with no civilian casualties. Several UN bodies found credible allegations that international crimes ...


Civil Disobedience From A Biblical Perspective, Gabriel Reed 2021 Liberty University

Civil Disobedience From A Biblical Perspective, Gabriel Reed

CULTURE & CRISIS: Reconciling Constitutionalism & Federalism in a Time of Crisis

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of ...


Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu 2021 U.S. Naval War College

Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu

International Law Studies

Notwithstanding their absence in the formal structures of power, women have engaged actively with disarmament for over a century. Their activism has been rich and complex. It is, however, not a history that is generally familiar to those outside the world of feminist activism and scholarship. This article tells the story of feminist activism and scholarship and how women have sought to overcome exclusion, marginalization, and silencing in both policy and law in pursuit of what the author describes as a transformative disarmament agenda. It is concerned not only with women’s political activism and the struggle for equal participation ...


Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Europe: A Strategy For A Regional And Middle Power, Jean-Yves Haine, Cynthia Salloum 2021 US Army War College

Europe: A Strategy For A Regional And Middle Power, Jean-Yves Haine, Cynthia Salloum

The US Army War College Quarterly: Parameters

As the European Union deals with yet another crisis— the COVID-19 pandemic—it must adopt a grand strategy based on unity, policy, and proportionality: cohesion over inaction, policy over process, and regional imperatives over global ambitions. An analysis of past strategy documents and a study of current international trends stress the need for a Union capable of shaping its own environment rather than reacting to it. The pandemic should accelerate Europe’s journey toward power maturity and responsibility.


From The Editor In Chief, Antulio J. Echevarria II 2021 US Army War College

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Matthew Ridgway And The Value Of Persistent Dissent, Conrad C. Crane 2021 US Army War College

Matthew Ridgway And The Value Of Persistent Dissent, Conrad C. Crane

The US Army War College Quarterly: Parameters

Army General Matthew Ridgway’s actions throughout his career provide a valuable example of the appropriate time and place for serious dissent by military leaders. Ridgway demonstrated the importance of selectively and pragmatically expressing open


Book Reviews, USAWC Press 2021 US Army War College

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters Summer 2021, USAWC Press 2021 US Army War College

Parameters Summer 2021, Usawc Press

The US Army War College Quarterly: Parameters

The US Army War College Quarterly, Parameters, is a refereed forum for contemporary strategy and Landpower issues. It furthers the education and professional development of senior military officers and members of government and academia concerned with national security affairs.


Coin Doctrine Is Wrong, M. Chris Mason 2021 US Army War College

Coin Doctrine Is Wrong, M. Chris Mason

The US Army War College Quarterly: Parameters

Counterinsurgency does not increase the legitimacy of, or support for, central governments engaged in internal conflicts. Recent research shows quantifiable degrees of government legitimacy, national identity, and population security are necessary precursors and accurate predictors of a government’s ability to outlast a civil uprising. Because the first two predictors—government legitimacy and national identity—can be measured and do not increase during a conflict, the probability of government failure in most cases can be accurately predicted when the conflict starts.


Toward Successful Coin: Shining Path’S Decline, Darren Colby 2021 US Army War College

Toward Successful Coin: Shining Path’S Decline, Darren Colby

The US Army War College Quarterly: Parameters

The rapid decline of the Peruvian left-wing insurgent organization Sendero Luminoso was not only the result of the arrest of its leader. An analysis of the precipitous weakening of the organization using two social movement theories finds other factors were involved in the demise of the organization as well. These factors—participatory politics, support for the military among the rural population, and alienation of the population by Sendero Luminoso—provide insights to effective counterinsurgency tactics.


Greater Security Cooperation: Us Allies In Europe And East Asia, Tongfi Kim, Luis Simón 2021 US Army War College

Greater Security Cooperation: Us Allies In Europe And East Asia, Tongfi Kim, Luis Simón

The US Army War College Quarterly: Parameters

Growing Sino-Russian coordination necessitates greater security cooperation between US Allies in Europe and East Asia. US Allies in both regions face remarkably similar threats requiring similar operational concepts, capabilities, and technologies. Further, these Allies must hedge against the specter of US abandonment. An exploration of the links between the two geographically distant US Alliance networks illustrates the Allies’ perspectives on US extended deterrence and highlights opportunities to devise better policies for cooperation.


The Coercive Logic Of Militant Drone Use, Austin C. Doctor, James I. Walsh 2021 US Army War College

The Coercive Logic Of Militant Drone Use, Austin C. Doctor, James I. Walsh

The US Army War College Quarterly: Parameters

While unmanned aerial systems can serve as a force multiplier for militants, these systems do not embody a transformation in modern insurgent warfare or enable militants to engage regularly in strategic coercion. Instead, drone use is consistent with a militant group’s relative capabilities and broader strategic objectives. Consequently, these groups are likely to employ drones primarily for theater and tactical military purposes.


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