Military, War, and Peace Commons^™

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

South Carolina Law Review

No abstract provided.

Delegating Peace Enforcement Missions- But To Whom? What The U.N.'S Recent Recommendation Reveals About Today's Crisis In Legitimate Actors For Robust Peace Operations, Karima Tawfik

Michigan Law Review Online

This Essay argues that in assessing whether or not to move towards the U.N. panel’s proposed model that champions regional actors and ad hoc coalitions over the U.N. itself, the international community must weigh the marginal costs and benefits of this plan. This essay follows the U.N. panel’s call for the international community to derive lessons from the past by examining three case studies where regional actors and ad hoc coalitions, rather than the U.N., have embarked on peace enforcement missions. It argues that if the international community chooses to follow the U.N. panel’s recommendation on deferring to regional actors …

Ambivalent Enforcement: International Humanitarian Law At Human Rights Tribunals, Shana Tabak

Michigan Journal of International Law

In addition to exploring the limitations of the Inter-American System’s jurisdictional capacity to adjudicate issues of IHL, this Article examines Inter-American jurisprudence in light of recent scholarly conversations regarding the relevance of the principle of lex specialis, which seeks to guide tribunals when two bodies of law may apply simultaneously, by providing for the prioritization of a specialized body of law over a general one. This concept, first articulated by the International Court of Justice (ICJ) in the Nuclear Weapons case, has proven to be the source of much scholarly consternation. As a means of addressing problems arising from …

Rescuing Policy And Terror Victims: A Concerted Approach To The Ransom Dilemma, C. Elizabeth Bundy

Michigan Journal of International Law

Part I of this Note will analyze the current framework governing hostage situations to determine the permissibility of ransom payments under international law. Part II will examine the two dominant positions that have developed among states and identify the justifications and shortcomings of each. Part III will conclude, firstly, that for states to develop a multilateral approach to hostage situations, they must take the lead within their respective domestic spheres and, secondly, that the option to negotiate for ransomed release should be preserved as an essential tool for confronting terrorist organizations.

The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith

UIC Review of Intellectual Property Law

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …

Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline

UIC Review of Intellectual Property Law

No abstract provided.

Cultural Plunder And Restitution And Human Identity, 15 J. Marshall Rev. Intell. Prop. L. 460 (2016), Ori Soltes

UIC Review of Intellectual Property Law

No abstract provided.

Peaches And Pound Cake, Steve Tedder

Mighty Pen Project Anthology & Archive

A soldier in Vietnam befriends the new guy.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Lost Innocence And Learning To Hate, Steve Tedder

Mighty Pen Project Anthology & Archive

A grunt in Vietnam witnesses the cruelty of his enemy, aimed at the children he’s trying to help.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan

American University National Security Law Brief

No abstract provided.

"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen

American University National Security Law Brief

No abstract provided.

Global Insecurity: How Risk Theory Gave Rise To Global Police Militarization, Nicholas S. Bolduc

Indiana Journal of Global Legal Studies

Today, across the globe, police agencies are militarizing to confront modern-day threats. This gradual shift towards militarized policing stems from the concept of risk-risk has driven nations to amend their laws so that their law enforcement agencies may militarize to meet whatever risk they face. In the United States, the gradual shift towards militarized police occurred after the crippling of the Posse Comitatus Act in the face of the developing 'War on Drugs" However, America is a late development in this trend; the majority of the Western world militarized themselves through the concept of 'gendarmes", while the Chinese militarized their …

Introduction: The Islamic State And International Terrorism - The Architecture Of Response, Jonathan Michael Meyer

The International Lawyer

No abstract provided.

Pilot Programs For Veterans Transition To Engineering Fields, Vukica M. Jovanovic, Anthony W. Dean, Carol L. Considine, Karina Arcaute, Petros Katsioloudis, Mileta Tomovic, Thomas B. Stout, Connor Schwalm, Jennifer G. Michaeli, Yuzhong Shen

Engineering Technology Faculty Publications

Veterans, through their active service, frequently receive training in highly skilled technical areas. However, they may lack a theoretical background in underlying engineering principles. They also need additional support with the transition from a highly structured military environment to an environment with more ambiguous time constraints and different sorts of responsibilities. Moreover they are facing challenges which are specific for their student population. Therefore, enabling multiple mechanisms which would support them and provide them necessary guidance are especially important at universities with large veteran populations such as at Old Dominion University in Norfolk, Virginia. Hence, there is a need for …

Until We Achieve Universal Peace: Implications Of The International Law Commission’S Draft Articles On The “Effects Of Armed Conflict On Treaties”, Lauren Dudley

American University National Security Law Brief

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, January 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic

Exposing The Gendered Myth Of Post Conflict Transition: The Transformative Power Of Economic And Social Rights, Madeleine Rees, Christine M. Chinkin

Articles

Post conflict transition has become an industry, with a plethora of states, NGOs, experts, institutes, academics and U.N. bodies, all seeking to find the right formula to effect real and sustainable peace where previously there has been none. It is valuable and important, nevertheless, to note that "more than [fifty] percent of peace agreements fail within the first five years of signature". The evidence is clear: transitions are not working.

In this essay we seek to explain and deconstruct some of the terminology applied to post conflict situations by briefly looking at conceptss of "gender equality" participation, political economy, neo-liberalism, …

Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Faculty Scholarship

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …

Military Justice, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby

Faculty Scholarship

No abstract provided.