Military, War, and Peace Commons^™

Correspondents' Reports United States Of America, Chris Jenks

Faculty Journal Articles and Book Chapters

This correspondent report compiles examples of where and how in 2013 the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in military courts-martial and captured enemy belligerents in military commissions and by US federal courts hearing detainee habeas challenges.

Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen

Faculty Journal Articles and Book Chapters

The law of armed conflict provides the authority to use lethal force as a first resort against identified enemy belligerent operatives. There is virtually no disagreement with the rule that once an enemy belligerent becomes hors de combat — what a soldier would recognizes as “combat ineffective” — this authority to employ deadly force terminates. Recently, however, some have forcefully asserted that the LOAC includes an obligation to capture in lieu of employing deadly force whenever doing so presents no meaningful risk to attacking forces, even when the enemy belligerent is neither physically disabled or manifesting surrender. Proponents of this …

Comments: Stuck Between A Rock And A Hard Place: Does Lebanon Have A Responsibility To Respect Syrian Refugees?, Robert Demirji

University of Baltimore Journal of International Law

This comment looks at the current crisis in Syria and its effect on Lebanon. This comment first looks at the recent history of Lebanon stemming from the entrance of Palestinians into Lebanon after their deportation of Israel to Lebanon today. Thereafter, this comment looks at the evolution of the responsibility to protect doctrine from the Universal Declaration of Human Rights, to the 2005 World Summit Outcome Report to the 2009 Secretary General Report on Responsibility to Protect. This comment addresses the role of both Lebanon and the international community in its responsibility to protect Syrian refugees. This comment concludes with …

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.

The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel

Maryland Journal of International Law

No abstract provided.

The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez

Maryland Journal of International Law

No abstract provided.

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.

The Military's Workplace Flexibility Framework, Marcy L. Karin, Katie Onachila

Journal Articles

Workplace flexibility is a tool the military may use to support its operations, improve the recruitment and retention of military personnel, and fulfill its obligation to support veterans and military families. The return of combat troops from Iraq provides a valuable catalyst to take stock of the use of workplace flexibility in the U.S. military and employers supporting the military community. While the unique critical needs of the military are an inescapable variable when creating laws and policies, the military must meet the workplace flexibility needs of its services members and their families to maximize the effectiveness and efficiency of …

Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl

Books and Chapters

The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …

The Role Of Peacebuilding And Conflict Management In A Future American Grand Strategy: Time For An “Off Shore” Approach?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.

Faculty Scholarship

Over the years Congress has made plenty of efforts to “improve” the military justice system for a variety of reasons, but few matters have generated more offerings than did the Pentagon’s report this past spring of an estimated 26,000 victims of “unwanted sexual contacts” in the armed forces. Some initiatives to address this very critical problem, like the bipartisan effort of Senators Barbara Boxer and Lindsey Graham, look promising; others, not so much.

However, none are as misguided as Sen. Kirsten Gillibrand’s proposal. Indeed, it is hard to think of a proposal that could be more wrong for the military, …

Military Justice, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Moral Responsibility Of Volunteer Soldiers, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Legal And Ethical Limits Of Technological Warfare: Introduction, Amos N. Guiora

Utah Law Review

Deciding a year in advance the theme of a law review symposium is, at best, a tricky proposition. The considerations are varied: what topic will be relevant to academics and policymakers, who shoul dbe invited as panelists, how will invited individuals mix and collaborate with each other, what issue will be of interest to the larger community, and what kind of contribution will the symposium and subsequent publications make to the issue chosen? In conjunction with the Utah Law Review Board and faculty collegues, we decided that addressing the legal and ethical aspects of technological warfare met the criteria we …

Military Veterans, Culpability, And Blame, Youngjae Lee

Faculty Scholarship

Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are …

Disaggregating Disasters, Ronnell Anderson Jones, Lisa Grow Sun

Utah Law Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …

A Study On The Efficacy Of The Kampala Amendments For Suppression Of Aggression: Examined By The Case Of Armed Conflicts In The Korean Peninsula, Nu Ri Jung

Loyola University Chicago International Law Review

No abstract provided.

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

The repeal of DADT represents the triumph of non-discrimination rhetoric, while the MLDC's report stands for a renewed effort to expand the military's affirmative action policies for the benefit of people of color and women: two historically subordinated groups in the U.S. military. The repeal of DADT may have purchased equality for LGB service members, but at a premium. The strategic decision to rally around the non-discrimination model, I argue in this Article, will reinforce the continued subordination of LGB service members. As an alternative, I propose the application of kakou principles to military policies and programs for integrating LGB …

The Paradoxes Of Restitution, Mark A. Edwards

Faculty Scholarship

Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.

First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.

Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …