Military, War, and Peace Commons^™

Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam

International Law Studies

This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …

Defiance, Lackland H. Bloom Jr

St. Mary's Law Journal

No abstract provided.

Rethinking Supply Chains: Mitigating The Risk Of Chinese Dependence And Protecting Us Semiconductor Intellectual Property, Jamison Finnamore

Helm's School of Government Conference - 2021-2024

This paper explores the complex economic interdependence between the US, China, and Taiwan, specifically in the semiconductor industry. China’s increased aggression and intellectual property (IP) theft threatens to unbalance the iron triangle of US, China, and Taiwan trade relations. The problem overview elaborates on Taiwan’s crucial role in the semiconductor supply chain, and China’s threat against it. The argument is made that the US must take a nuanced and multifaceted approach to solving the diplomatic, economic, and military policy problem. Criteria for success are outlined, emphasizing the need to address root causes and not compromise US commitment to a free …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - 2021-2024

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

Analysis Of Sun Tzu's Art Of War, Hannah Marchiny

Helm's School of Government Conference - 2021-2024

America faces troubling times with various countries presenting unique threats. Few are more troubling than China. Now more than ever the U.S. needs effective strategies to combat global threats. To that end, I use Sun Tzu’s book Art of War as my main source for strategic wisdom. Sun Tzu’s principles have endured as long as they have because of their continued relevance in every generation and situation. In my paper, I discuss a few of the main tenets of Sun Tzu’s famous Art of War and how China is currently employing them against the U.S. I explain how China’s masterful …

"An American Versailles”: Cold War Diplomacy And The Branding Of The American National Image Through The Fashion Of First Lady Jacqueline Bouvier Kennedy, Holly Carew '24

History & Classics Student Scholarship

Holly Carew ’24, History major, Marketing and French minors
Faculty Mentor: Dr. Margaret Manchester, History and Classics

Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni

St. Mary's Law Journal

The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …

U.S. Government Agency Podcasts, Bert Chapman

Libraries Faculty and Staff Presentations

Presents podcasts from U.S. Government agencies which can be discovered through the U.S. Government Publishing Office's Catalog of Government Publications. Agencies whose podcasts are presented include the National Institutes of Health, U.S. Peace Corps, U.S. Department of Agriculture, Government Accountability Office (GAO), National Park Service, Department of Justice, Federal Reserve System, and U.S. Naval War College.

Manna From Heaven: The Benefits Of A Uniform Drone Statute In The State Of Mississippi, J. Mason Wood

MC Law Review

Drones surround us. They are in the Middle East, assisting the United States military in carrying out its missions. They are around our businesses, used by professional photographers, farmers, insurance adjusters, and countless other professionals in a growing number of commercial applications. With the sales of drones expected to skyrocket over the next several years, the state of Mississippi should enact regulations in order to restrict and take advantage of their use.

The Cartoon Physics Of The Court-Martial, John M. Bickers

West Virginia Law Review

No abstract provided.

Holding Aggressors Responsible For International Crimes: Implementing The Unequal Enforcement Doctrine, Nancy Amoury Combs

Faculty Publications

It is a fundamental tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party such as Russia — that illegally launches a war — benefits from all the same rights as a party such as Ukraine — that is forced to defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible because defenders should have more rights and fewer responsibilities than aggressors. Legal scholars continue to support the equal application doctrine, however, because they reasonably fear that applying different rules to …

The Efficacy Of The Legal Infrastructure Of Proportionality In Contemporary Armed Conflicts, Reed Caney

Independent Study Project (ISP) Collection

Proportionally in armed conflict is one of the key principles of international law, playing a crucial role in ensuring that both civilians are protected in armed conflict, but also that a military is able to accomplish its goals. This paper attempts to discern if the international legal infrastructure is well equipped to deal with proportionality in armed conflicts, especially in regard to contemporary armed conflicts. In an attempt to answer this question, this paper explores the existing legal infrastructure, looking at International Humanitarian Law as a moral system and International Criminal Law as the accompanying legal system to see how …

On Puar’S “Right To Maim”: Conflict-Related Sexual Violence As An Instrument Of Debility, Jeffrey Camille

Independent Study Project (ISP) Collection

In enacting war and terrorism, armed combatants frequently and deliberately utilize sexual violence to target civilians. This crime is widespread, systemic, and organized, and its perpetration against vulnerable populations is a haunting reality of warfare. Although scholarship has speculated about the motivations behind conflict-related sexual violence (CRSV), no one answer is sufficient to grasp a phenomenon whose constitution is complicated by a multitude of variables. Thus, scholars must continue in their efforts to rationalize why this crime takes place. This article does just that. Drawing from Jasbir K. Puar’s book The Right to Maim (2017), I fashion an intervention to …

Law’S Impact On Collaboration: A Three-Case Study Of Federal Advisory Committees Managed By The U. S. Coast Guard, Brian K. Mcnamara

School of Public Service Theses & Dissertations

Much remains to be learned about law’s impact on collaboration. Although law is one of the foundational disciplines of public administration, scholars assert that the field focuses on management principles to the detriment of law. Whether this assertion is correct as a general matter for the field, collaboration scholarship lacks empirical examination of the law’s role in collaboration processes.

This three-case study of federal advisory committees managed by the U.S. Coast Guard examines law’s impact on collaboration through the lens of Thomson and Perry’s (2006) Process Model. A qualitative method is used to capture participants’ perceptions of law and their …

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!

Strategy As Problem-Solving, Andrew Carr

The US Army War College Quarterly: Parameters

This article proposes a new definition of strategy as problem-solving that challenges the focus on goals and assumptions of order within many post–Cold War approaches to strategy. It argues that the military needs strategy to diagnose the complex problems of the twenty-first century before they can be solved. Inspired by practitioners such as Andrew Marshall and George F. Kennan, this new definition clarifies what strategists do and offers a logic for distinguishing the use of the term strategy. Practitioners will also find problem-solving tools and pedagogies they can adopt today.

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens

The US Army War College Quarterly: Parameters

This article argues that the People’s Republic of China uses its police and internal security forces as a nontraditional means of projecting strategic Landpower in the Indo-Pacific and Central Asia. Instead of limiting analysis of China’s power projection to military forces, this article employs new data on Chinese police engagements abroad to fill a gap in our understanding of the operating environment in Asia. Policymakers will gain an understanding of how these activities enhance China’s presence, partnerships, and influence across the region to inform the development of recommendations for a more effective response.

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …