Military, War, and Peace Commons^™

The Common Interest In The Exploration, Use And Exploitation Of Outer Space For Peaceful Purposes: The Soviet-American Dilemma, Carl Q. Christol

Akron Law Review

It may be supposed that the final disposition of the use of anti-satellite satellites (ASAT) will take the form of an international agreement which would prescribe required conduct and which would meet the national interests of the signatories. Some attention might be given to a possible alternative. One suggestion is for each of the superpowers to announce that it will pursue a given policy provided the same policy is adhered to by the other. Or, perhaps the promulgation of a national position, for example, a moratorium on ASAT launches, if rigorously adhered to by the other State, might lead to …

Prospects For The Demilitarization Of The Manned Space Station, Hamilton Desaussure

Akron Law Review

An incremental approach to the complete disarmament of outer space could continue with the prohibition of any type of military activity on board earth orbiting manned space stations. The U.S. and the USSR are committed to placing such stations in permanent orbit within the next decade. An international agreement giving demilitarized status to them would be a major achievement.

Article IV of the Outer Space Treaty prohibits the establishment of military bases, installations, and fortifications on the moon and other celestial bodies. Manned space stations in earth orbit should be subject to the same limitations, with military personnel permitted for …

Additional Protocol I: A Military View, Burrus M. Carnahan Usaf

Akron Law Review

This paper is intended to analyze Additional Protocol I from a military perspective. More specifically, it presents the views of a United States military officer (albeit an officer who is also a lawyer) on the Protocol.

To begin with, the Protocol, if ratified by the United States, would be taken seriously by our armed forces. It is United States policy to comply with the law of war in the conduct of military operations, and this body of law is regularly applied in American military courts. During the war in Southeast Asia, for example, 36 members of the U.S. Army were …

Pros And Cons Of The 1977 Protocol I, Howard S. Levie

Akron Law Review

There are many provisions of value to be found in the 1977 Protocol Additional to the 1949 Geneva Conventions (Protocol ). Unfortunately, there are also a number of provisions which would have been better left undrafted. This discussion will be limited to several provisions, or groups of provisions, which appear to be major advances in the humanitarian law of war - and several provisions, or groups of provisions, which appear to be retrogressive. Obviously, neither list will be all-inclusive; to make them so would require a listing and discussion of practically every substantive article in the Protocol. In fact, inasmuch …

An Interdisciplinary Approach To The Strategic Defense Initiative Debate, Scott F. March

Akron Law Review

An interdisciplinary framework in which international law is but one element is presented in this article in the hope of lending organization to the complex subject of space weaponization. Seven factors are discussed which strongly influence decision-makers in both the United States and the Soviet Union who are charged with establishing and implementing the military space policies of their respective nations. They are (1) the relationship between the militarization of earth and the militarization of space; (2) the effects of weapon technology and national defense policy upon the use of space; (3) the interrelationship of the international law-making process with …

Prisoners Of War Under The 1977 Protocol I, Howard S. Levie

Akron Law Review

ARTICLE 1(4) of the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflict (Protocol 1), bringing national liberation movements within the ambit of the Protocol and thus making the conflicts in which they engage international in scope, was probably the most controversial provision adopted by the Diplomatic Conference which met in Geneva from 1974 to 1977. However, Article 44, which implements Article 1(4), has been the object of almost equal controversy. The purpose of this paper is to determine whether the objections to that article were and …

Military Rules Of Evidence: Adoption Or Abrogation Of The Common Law?, Richard H. Mills

Akron Law Review

Posit: What role should the common law of evidence play in a military judge's decisions under the present rules of evidence? My conclusion is that the answer to this question is of bedrock importance to military justice.

Yet despite these differences, an understanding of the Federal Rules of Evidence and the common law precedents from which they evolved is imperative if the majority of the military rules is to be properly employed.

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti

International Law Studies

China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.

Prosecuting War Crimes Before An International Tribunal, Howard S. Levine

Akron Law Review

It is probably appropriate to begin this discussion by stating that while the author has acted as an official reviewer of records of war crimes trials, and has read and analyzed innumerable records of those trials, he has never personally prosecuted an individual accused of a war crime.' Accordingly, this discussion will necessarily be based upon what others have said and done with respect to the problem of prosecuting war crimes cases before international tribunals. Some people would label such a discussion as "academic", intending the word to be interpreted pejoratively. If "academic" means knowledge gained from the study of …

War Crimes And International Criminal Law, Stuart H. Deming

Akron Law Review

My remarks will focus on three particular areas relating to war crimes and international criminal law. These will include the prospect of an international criminal court, my experience with war crimes issues in Ethiopia, and how traditional practitioners can become involved with these issues.

Nuclear Smuggling As An International Crime, Burrus M. Carnahan

Akron Law Review

In the chaotic post-Cold War world, international cooperation is increasingly needed to detect and punish those who aid the spread of nuclear and other weapons of mass destruction. The proliferation of these weapons is a threat to the security of all states, except for a few rogues such as Iraq and North Korea; all other states have a common interest in punishing anyone who would assist the rogue states to acquire highly destructive weaponry. It would be reasonable to assume, therefore, that the proliferation of weapons of mass destruction is widely regarded as an international crime, like piracy, war crimes …

War Crimes And The Protection Of Peacekeeping Forces, Steven J. Lepper

Akron Law Review

Tonight, I want to briefly discuss three aspects of the tribunal: structure, jurisdiction and U.S. participation in its creation. Many of you are probably aware that the tribunal consists of three chambers. The judicial chamber is comprised of five appellate judges and two trial panels of three judges each. The United States has a judge - Judge Gabrielle Kirk McDonald - who, before she went to the Hague was a federal district court judge and a professor at the Thurgood Marshall School of Law in Houston. I had an opportunity to meet her and brief her on some tribunal issues …

A Dire Need For Legislative Reform, Patrick Dowdle

Pace International Law Review

In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …

A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky

Pace International Law Review

Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …

Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes

Pepperdine Law Review

No abstract provided.

The Future As A Concept In National Security Law, Mary L. Dudziak

Pepperdine Law Review

With their focus on the future of national security law, the essays in this issue share a common premise: that the future matters to legal policy, and that law must take the future into account. But what is this future? And what conception of the future do national security lawyers have in mind? The future is, in an absolute sense, unknowable. Absent a time machine, we cannot directly experience it. Yet human action is premised on ideas about the future, political scientist Harold Lasswell wrote in his classic work The Garrison State. The ideas about the future that guide social …

International Humanitarian Law Divergence, Lesley Wexler

Pepperdine Law Review

How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …

Standing And Covert Surveillance, Christopher Slobogin

Pepperdine Law Review

This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …

The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply

Pepperdine Law Review

This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …

War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn

Pepperdine Law Review

Never in recent memory has the relationship between law and war been so central to strategic legitimacy. This has resulted in both positive evolutions of the law of armed conflict (LOAC) and a remarkable increase in interest, understanding, and analysis of this law. No state, or even non-state group, is immune from the increasingly informed critique of its planning and execution of military operations and the quite proper demand that its military personnel comply with LOAC obligations. Central to the regulation of hostilities are the core LOAC principles of distinction and discrimination. Distinction mandates restricting deliberate attack to only those …