The Role Of The Courts In Time Of War,
2014
Syracuse University College of Law
The Role Of The Courts In Time Of War, William C. Banks
Washington and Lee Law Review Online
The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of fact-finding …
Gaza 2014: Israel's Attrition Vs Hamas' Exhaustion,
2014
US Army War College
Gaza 2014: Israel's Attrition Vs Hamas' Exhaustion, Eitan Shamir, Eado Hecht
The US Army War College Quarterly: Parameters
No abstract provided.
Gaza 2014: Hamas' Strategic Calculus,
2014
US Army War College
Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson
The US Army War College Quarterly: Parameters
No abstract provided.
China's "Power Projection" Capabilities,
2014
US Army War College
China's "Power Projection" Capabilities, Thomas M. Kane
The US Army War College Quarterly: Parameters
No abstract provided.
Defeating The Islamic State: A Financial-Military Strategy,
2014
US Army War College
Defeating The Islamic State: A Financial-Military Strategy, Paul Rexton Kan
The US Army War College Quarterly: Parameters
No abstract provided.
Considering Why We Lost,
2014
US Army War College
Considering Why We Lost, Tami Davis Biddle
The US Army War College Quarterly: Parameters
No abstract provided.
China's Strategic Moves And Counter-Moves,
2014
US Army War College
China's Strategic Moves And Counter-Moves, David Lai
The US Army War College Quarterly: Parameters
No abstract provided.
Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues,
2014
Georgetown University Law Center
Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues, James E. Baker
Georgetown Law Faculty Publications and Other Works
This article starts with a sketch of the military justice system to orient readers. Understanding that structure, the article then describes the sentencing process for special and general courts-martial. The article follows by identifying two core military sentencing questions: First, should commanders have authority to grant clemency? Second, should the military justice system adopt sentencing guidelines? With respect to each topic presented, the article does not attempt to answer the questions nor offer prescriptions. Rather, it seeks to identify the principal fault lines around which debate should, or will likely, fall. The article next presents ‘‘nutshell’’ introductions to additional sentencing …
Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?,
2014
U.S. Army Reserve
Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?, Michael J. Deegan
Pace International Law Review
Since the invasion of Afghanistan, the United States has utilized Unmanned Aerial Vehicles (UAVs) to locate, surveil and kill members of the Taliban, Al-Qaeda and its associated forces. Such killings have decimated the leadership of these groups and disrupted their operations. However, there are collateral effects from UAV killings including civilian deaths. These deaths increase resentment and hatred toward the US, which is channeled by terrorist groups to recruit new members and for local support. Moreover, targeted killings outside a combat zone have political and diplomatic consequences. This paper argues that the current uses of UAV are legal under international …
Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?,
2014
University of Georgia School of Law
Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon
Georgia Journal of International & Comparative Law
No abstract provided.
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership,
2014
University of Georgia School of Law
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia,
2014
University of Georgia School of Law
Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb
Georgia Journal of International & Comparative Law
No abstract provided.
Bosnia-Herzegovina--Vance-Owen Agenda For A Peaceful Settlement: Did The U.N. Do Too Little, Too Late, To Support This Endeavor?,
2014
University of Georgia School of Law
Bosnia-Herzegovina--Vance-Owen Agenda For A Peaceful Settlement: Did The U.N. Do Too Little, Too Late, To Support This Endeavor?, Amy L. King
Georgia Journal of International & Comparative Law
No abstract provided.
The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait,
2014
University of Georgia School of Law
The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec
Georgia Journal of International & Comparative Law
No abstract provided.
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution,
2014
Brigham Young University Law School
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin
Brigham Young University Journal of Public Law
No abstract provided.
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension,
2014
Purdue University
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …
Sweden - Application For European Community Membership - Sweden Fears Loss Of Policy Of Neutrality With Community Membership,
2014
University of Georgia School of Law
Sweden - Application For European Community Membership - Sweden Fears Loss Of Policy Of Neutrality With Community Membership, Penny-Marie Kartos
Georgia Journal of International & Comparative Law
No abstract provided.
Successor States - Property Rights - Russia And Ukraine Agree To Share Control Of The Former Soviet Union's Black Sea Fleet,
2014
University of Georgia School of Law
Successor States - Property Rights - Russia And Ukraine Agree To Share Control Of The Former Soviet Union's Black Sea Fleet, Kendall Butterworth
Georgia Journal of International & Comparative Law
No abstract provided.
Targeting “Islamic State” Oil Facilities,
2014
U.S. Naval War College
Targeting “Islamic State” Oil Facilities, Kenneth Watkin
International Law Studies
In September 2014 the United States and Coalition partners conducted aerial attacks against several Islamic State-operated modular oil refineries in Syria. The Pentagon’s rationale is that the refineries provided fuel for Islamic State operations, money to finance continued attacks and constituted an economic asset to support future operations. Attacking the oil production facilities to stop the sale of smuggled oil, the proceeds of which “fuel” Islamic State activities is potentially controversial. Additional Protocol I limits attacks to those objects that “make an effective contribution to military action.” The U.S. position is that “war-sustaining objects” may also be lawfully targeted, thus …
Mercenaries And International Law,
2014
Boalt Hall School of Law
Mercenaries And International Law, Marie-France Major
Georgia Journal of International & Comparative Law
No abstract provided.
