Military, War, and Peace Commons^™

The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani

Catholic University Journal of Law and Technology

No abstract provided.

The Third Amendment In 2020, Michael L. Smith

Faculty Articles

Compared with other Amendments in the Bill of Rights, the Third Amendment does not get much attention. Its prohibition on the quartering of soldiers in houses during peacetime, along with its prohibition on similar quartering during times of war absent legal prescription, is rarely the subject of litigation or scholarship. Indeed, most people—and likely most attorneys—probably cannot tell you what the Third Amendment covers if put on the spot. This Article aims to fix this by giving the Third Amendment the respect that one of the Constitution's original amendments deserves. This Article surveys and analyzes caselaw, scholarship, and popular media …

The Oslo Accords: A Modern-Day Story Of Occupation Told Through Violations Of The Right To Freedom Of Privacy, Catherine Demetrovich

Indiana Law Journal

The Israeli-Palestinian conflict began in the early 1900s when the disputed land, what is now the West Bank and the Gaza Strip, fell under British rule. After the Six- Day War in 1967, Israel took control of the West Bank, Golan Heights, and the Gaza Strip. Since then, tensions between Israel and Palestine have continued to grow. This Note explores a modern-day occupation question: Israel’s control over Palestine’s information and communication technology (ICT) sector. Along with privacy and human rights violations, Israel’s control is in direct violation of the Oslo Accords— guaranteeing Palestinians limited self-governance in Gaza and the West …

Action Pénale Et Action Disciplinaire: The Origins And Current Activities Of The Criminal And Disciplinary Law Committee Of The International Society For Military Law And The Law Of War, Frank Rosenblatt

Journal Articles

The pinnacle events of the International Society for Military Law and the Law of War (ISMLLW, or Society) are the Congresses. Occurring triennially, the Congresses are the Society’s largest meetings and academic exchanges. The Congresses usually attract hundreds of participants – especially military legal officers, academics, and government officials – from countries around the world. The Congresses, more than any other fora, have grown to become the places to ‘see and be seen’ and to exchange ideas on military law and the law of war.

Top Ten Practice Tips For Discharge Upgrades, Judy Ann Clausen, Colleen E. Miller, Danica Gonzalves

UF Law Faculty Publications

One of the most impactful ways attorneys can serve those who have served is to assist veterans with discharge upgrades. The military branches, especially the Marines, are issuing an increasing percentage of Other Than Honorable Discharges, leaving many veterans in need of this assistance. For years, the U.S. Department of Defense (“DoD”) issued Less Than Honorable Discharges based on the veteran’s diagnosis of a personality disorder, a condition that cannot be service-connected for VA purposes. Instead, many of these service members suffered from service-connected PTSD which caused misconduct such as self-medication with drugs, or missing or showing up late for …

How Do You Value A Victim? Victim Impact Statements In Military Sexual Assault Trials, Chris Cox

Scholarly Works

This Article examines a timely and important issue — the use of Victim Impact Statements (VIS) in criminal trials and, more specifically, in military courts-martial. The right for victims of offenses to provide VIS has existed in the United States for approximately three decades. However, the military’s implementation of similar rights for victims has languished, with the advent of the right for a victim to provide a VIS having been implemented only within the last decade. Relying on legal precedent in the form of appellate case decisions and qualitative assessments of trial court records, this article explores the current state …

Law And Liberty On The Moon, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

As on Earth, so in outer space . .

Most of those participating in humankind’s venturing into outer space, in particular to the extent of establishing settlements there and thereby providing for a second home for humanity, would hope or even assume that humankind in so doing might be able to avoid the sometimes rather bloody developments that accompanied settlement in far-away territories on Earth. However, at least in the legal area, with a view to its role as providing not only justice and fairness but also predictability and foreseeability, logic dictates that terrestrial laws and experiences of these laws …

Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion

Dickinson Law Review (2017-Present)

No abstract provided.

Effectiveness Of The Existing International Humanitarian Law Provisions In Protecting The Natural Environment During Internal Armed Conflicts, Joharah M. Alkahtani

Dissertations & Theses

The environment is inherently at risk in any armed conflict and the natural environment is always a victim of wars. In order to properly protect the environment, the international community must explicitly recognize the civilian nature of the environment and bar all damages to it notwithstanding its extent, longevity and severity. The current study focuses on the environmental protection during armed conflicts. In World War I, parties employed the indiscriminate use of chemical weapons as a way of gaining military advantage over their enemies. The world responded by adopting the Convention on the Prohibition of the Development, Production, Stockpiling and …

The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927, Christopher M. Roberts

Cardozo International & Comparative Law Review

This article considers the extensive repressive measures enacted around the world during and in the wake of the First World War. While repressive developments in the World War I and post-war periods have previously been examined in different national contexts, little scholarship has adopted a more global lens. To better organize and consider the relevant developments, this article develops a typology of six different categories of public order governance into which the majority of the repressive measures of the period may be classified: the passage of new laws; the development of new institutions; raids, arrests, prosecutions, and other judicial and …

Understating The Double-Standard On The Use Of Force, Mary Ellen O'Connell

Journal Articles

In the days following the start of Russia's full-scale invasion of Ukraine on 24 February 2022, (1) international law organization leaders issued unprecedented statements of condemnation. (2) No other world event has led to so many consistent expressions from these groups respecting a violation of international law. The occasion merited the response. Russia's invasion was only the second time a member of the United Nations has attempted to conquer and eliminate another UN member since the adoption of the UN Charter in 1945. The first time was in August 1990, when Iraq invaded Kuwait. (3) At that time, the world …

Transition Barriers Of U.S. Military Veterans With Combat Occupations, Carole Thomas

Electronic Theses and Dissertations

Many combat-occupation veterans experience difficulty translating their military occupation to a civilian occupation after they leave the military. Veterans may struggle with military culture, self-leadership, health concerns, stereotypes, and employment barriers such as disability and underemployment. In this qualitative descriptive research study, the researcher analyzed the transition barriers U.S. combat-occupation veterans experienced when entering the civilian sector and workforce. The researcher interviewed six participants via Zoom using semistructured interview questions. All participants met the criteria of being 18–29 years old, being a veteran with a combat occupation, and having a willingness to tell their transition experiences. Five of the six …

The Reasonable Intelligence Agency, Asaf Lubin

Articles by Maurer Faculty

Article 57(2) of the First Additional Protocol to the Geneva Conventions requires parties to an armed conflict to “do everything feasible to verify” their objects of attack and take “all precautions” to minimize civilian casualties and unintentional damage to civilian property. This obligation has been interpreted in international law to require state parties to set up an “effective intelligence gathering system” that would properly identify targets using all technical means at the disposal of the combating forces.

But existing law has failed to define what “effective intelligence” looks like. Quite the opposite. Modern history is filled with examples of intelligence …

Women's Rights And Customary Justice In Afghanistan: A Review Of Jirgas Under Cedaw's Access To Justice Components, Fernanda Canessa

Cardozo Journal of Conflict Resolution

Afghanistan became the first Muslim country to ratify the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW") with no reservations, understandings, or declarations ("RUDs") on March 5, 2003. This event is notable considering that the majority of Muslim countries that ratified the treaty included reservations holding Islamic Sharia law above the tenets of the Convention. The government abstained from making this type of reservation, demonstrating its intent to follow international norms as it entered a new phase of democratic statebuilding.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Table Of Contents

Seattle University Law Review

Table of Contents

Smoke Without Fire: Employing Mediation To Create Workplace Accommodations For Medical Cannabis Use By Disabled Armed Forces Veterans, Brendan William Potocki

Cardozo Journal of Conflict Resolution

Over the course of a nearly twelve-year career in the Air Force, which included multiple tours of duty in Afghanistan and Iraq, Stephen Otero experienced unspeakable trauma. He has the scars-both visible and invisible-to prove it. Despite being diagnosed with post-traumatic stress disorder ("PTSD") in 2008, Otero once again placed country before self and reaffirmed his commitment to serving the United States by agreeing to complete another tour of duty. During this final deployment, Otero sustained extensive abdominal injuries as a result of a suicide bombing attack.

A Bull In A China Shop: How Cfius Made Tiktok A National Security Problem, Adina Feder

Cardozo International & Comparative Law Review

The note critiques the expansion of the Committee on Foreign Investment in the United States' (CFIUS) mandate under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), particularly its inclusion of "sensitive personal data" as a factor in national security reviews. This expansion has led to overly broad and vague definitions, resulting in unnecessary restrictions on foreign direct investment (FDI) without adequately addressing legitimate national security concerns. The note argues that data privacy issues should be addressed through separate federal privacy legislation rather than CFIUS, which is ill-suited to handle such matters. It calls for clearer definitions and a …

'Are We Doing The Right Thing?' Utilising Security Governance To Reform The Us Drone Program, Jane Minson

Theses

The use of unmanned aerial vehicles, or drones, for counterterrorism purposes by the United States within its targeted killing program has been deeply controversial. Used in each presidential administration since the terrorist attacks of September 11, 2001, drones have sparked debate, in part due to their contribution to civilian deaths; their killing of high-value terrorist targets including, on at least one occasion, a US citizen; and the heightened secrecy that has surrounded the program with little formal oversight and, as such, little accountability. This thesis uses this contextual framework – with a particular focus on the administration of President Barack …

The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane

Dissertations and Theses

The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …