Military, War, and Peace Commons^™

Adapting To The Twenty-First Century: A Flexible Nato, Sarah Bohman

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Faculty Publications

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …

Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.

Responses To The Five Questions, Steven Metz

William Mitchell Law Review

No abstract provided.

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Articles

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …

Fort St. Joseph And The American Revolution, Scott T. Macpherson

Fort St. Joseph Archaeological Project

Bennett’s Expedition 1779, Raid on Fort St. Joseph 1780, The “Spanish Raid” 1781, Deportation of the French, and Demise of Fort St. Joseph.

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

Modern Warfare: Is The Evolution Of Weaponry Worth The Cost?, Nicholas Decastro

Undergraduate Review

War is a creation of mankind that has evolved along with human civilization, leaving a bloody trail in its wake. As there are those in our world who strive to improve peacetime society, there are also those who push the limits of weaponry and revolutionize the way war is waged. In this day and age, opposing forces rarely meet on a traditional battlefield but instead inflict death and destruction from across the horizon with weapons of catastrophic capability. Consequently the costs of developing such advanced war machines are increasingly heavy. With this rapid evolution of combat and the weaponry used …

Responses To The Five Questions, A. Mark Weisburd

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, Jody M. Prescott

William Mitchell Law Review

No abstract provided.

The Military At Fort St. Joseph, Scott T. Macpherson

Fort St. Joseph Archaeological Project

Showing the Flag, Troupes de la Marine, Militia, and Fort St. Joseph’s Military Actions.

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

No abstract provided.

Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld

Law Publications

No abstract provided.

Shields Of War: Defining Military Contractors’ Liability For Torture, Kathryn R. Johnson

American University Law Review

No abstract provided.

Guy Fawkes's Dangerous Remedy: The Unconstitutionality Of Government-Ordered Assassination Against U.S. Citizens And Its Implications For Due Process In America, 45 J. Marshall L. Rev. 1121 (2012), Emily Kendall

UIC Law Review

No abstract provided.

Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern

University of Baltimore Journal of International Law

This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …

Israel And The Palestinian State: Reply To Quigley, Daniel Benoliel

University of Baltimore Journal of International Law

This article replies to Professor John Quigley's recent article on the rather dramatic controversy concerning Palestinian statehood. The present article provides a critical assessment of two pivotal Palestinian Unilateral Declarations of Independence (UDI) initiatives as of 1988 and 2011. It does so both generally and with regard to the territorial and border disputes underplayed by Professor Quigley's supportive Palestinian statehood argument altogether.

In the wake of the codenamed 'Arab Spring' tentative spread of democracy throughout the Middle East, regional law and order commands legal certainty. Thus, while being sympathetic to the secessionist selfdetermination of Palestine under public international law, this …

The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade

University of Baltimore Journal of International Law

Lost in the international debate raging around Iran’s burgeoning nuclear weapons program is the deep and complex history that exists between the United States and Iran, as well as the legal rights and responsibilities that exist between the two nations. A thorough examination of the intensely adversarial relationship that has developed over the past sixty years must be undertaken before any path to a diplomatic solution is likely to succeed. The historical evidence clearly shows that Iran’s animosity towards and distrust of the United States is entirely justified, and the United States’ mistrust of Iran is equally well-grounded. Due these …

Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand

Indiana Journal of Global Legal Studies

This paper examines the Department of Defense's use of corporate strategies to manage U.S. overseas military bases and concludes that the Department of Defense's continued use of these corporate strategies which have negatively impacted the United States' relationship with host nations-depends on the Department of Defense's ability to successfully strike a balance between efficiency and diplomacy.

You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones

West Virginia Law Review

No abstract provided.