Military, War, and Peace Commons^™

Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury

International Law Studies

The deliberate destruction by ISIS of religious and cultural property in both Syria and Iraq sparked widespread international condemnation and was described by UNESCO’s Director-General as constituting war crimes. Regrettably, the damage to and destruction of such property has become an all too common feature of the conflicts that have engulfed both States. The authors examine the legal obligations that apply to the parties in non-international armed conflict and the consequences of non-compliance. In light of the scale of the human suffering engendered by the conflicts, the authors first ask why international law protects such property in armed conflict.

Doj’S “All-Tools” Approach To Cyber And National Security, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley

Michigan Journal of International Law

On December 19, 2008, the Convening Authority for the United States Military Commissions at Guantanamo Bay referred charges against Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri for his role in the October 2000 bombing of the U.S.S. Cole. The charge sheet alleged that al-Nashiri committed several acts—including murder in violation of the law of war, perfidy, destruction of property—”in the context of and associated with armed conflict” on or about October 12, 2000 in connection with the bombing. At the time of the attack, the statement that the United States was engaged in an armed conflict would have been a surprise …

Interpreting Force Authorization, Scott M. Sullivan

Florida State University Law Review

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in …

Interpreting Force Authorization, Scott Sullivan

Journal Articles

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in …

Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Agreement on Iran Nuclear Program Goes into Effect • United States and China Reach Agreement Regarding Economic Espionage and International Cybersecurity Norms • United States Ratifies the International Convention for the Suppression of Acts of Nuclear Terrorism • United States Reaches Agreement with Turkey on Use of Incirlik Air Base for Strikes on ISIL; “Safe Zone” Not Part of the Deal

Hung Up On Words: A Conduct-Based Solution To The Problem Of Conspiracy In Military Commissions, Joshua D. Foote

Vanderbilt Law Review

At 9:02 a.m. on September 11, 2001, the world watched in horror as American Airlines Flight 175 slammed into the South Tower of the World Trade Center on live television,' ending all consideration that the first collision might have been an accident. Halfway around the world, Ali al Bahlul sat in a remote part of Afghanistan operating a radio so that Usama Bin Laden could monitor reports of the attacks. That day, Al Qaeda terrorists killed 2,977 people, caused billions of dollars of economic damage, and initiated the defining sociopolitical issue of the early 21st century.

Legal practitioners have faced …

The War Powers Consultation Act: Keeping War Out Of The Zone Of Twilight, Brendan Flynn

Catholic University Law Review

The Constitution divides the war powers between Congress, which declares war, and the President, who serves as Commander-in-Chief of the Armed Forces. Since the Korean War, the President has claimed increased authority to send the military into harm’s way without Congressional authorization. ­This Comment surveys the war powers issue through U.S. history and asserts that the President’s claim of increased authority has been enabled by Congressional abdication of its role, leading to­­ wars fought in a legal­­ “zone of twilight” in which Congress has neither authorized nor forbidden Presidential action (drawing on Justice Jackson’s famous tripartite analysis in his Youngstown …

Teaching Honors Cross-Divisional & Active-Learning Courses: Terrorism & Torture From A Global Perspective, Araceli Hernandez-Laroche, Catherine G Canino, Samantha Hauptman

Global Education Summit (Archived)

How do we engage undergraduate students in intercultural awareness and global citizenship? One way is to better prepare them for a service-oriented, complex, multi-lingual, and globally focused workplace. Our panel will present how a public university with a metropolitan mission encourages interdisciplinary, cross-divisional, and co-taught courses where French and criminal justice professors collaborate for a global education cause.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood

Georgia Journal of International & Comparative Law

No abstract provided.

Eliminating The No Number, No List Response; Keeping The Cia Within The Scope Of The Law Amidst America's Global War On Terror, Joseph Meissner

Nevada Law Journal

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Soldiers Fighting Alone: The Wars Of The Market-Security State, Patrick Porter

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Civil-Military Relations: The Role Of Military Leaders In Strategy Making, William E. Rapp

The US Army War College Quarterly: Parameters

No abstract provided.

Arming Our Allies: The Case For Offensive Capabilities, Jakub Grygiel

The US Army War College Quarterly: Parameters

No abstract provided.

Understanding Coercive Gradualism, William G. Pierce, Douglas G. Douds, Michael A. Marra

The US Army War College Quarterly: Parameters

No abstract provided.

Understanding Groupthink: The Case Of Operation Market Garden, David Patrick Houghton

The US Army War College Quarterly: Parameters

No abstract provided.

Order And Counter-Order: The European System And Russia, Ted Middleton

The US Army War College Quarterly: Parameters

No abstract provided.