The Human Dimension Of Peace And Aggression,
2020
Geneva Academy of International Humanitarian Law and Human Rights
The Human Dimension Of Peace And Aggression, Chiara Redaelli
International Law Studies
Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?,
2020
United States Army, Judge Advocate General's Corps
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
West Virginia Law Review
Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …
U.S. War Crimes And Accountability With The International Criminal Court: A Critique,
2020
University of Rhode Island
U.S. War Crimes And Accountability With The International Criminal Court: A Critique, Johanna M. Leffler
Senior Honors Projects
JOHANNA LEFFLER (International Studies, French)
U.S. War Crimes and Accountability with the International Criminal Court: A Critique
Sponsor: Kristin Johnson (Political Science)
Throughout my undergraduate career I have studied a variety of subjects within international affairs. The fall of my 2019-2020 year while studying abroad at The Institute for Political Studies of Rennes, France, was where I studied a particularly thought-provoking subject, Mondialisation et Droit de l’Homme (Globalization and Human Rights). We studied the evolution of international law, the justice institutions which uphold it, and how modern globalization impacts human rights. The subject matter and discussion with my international classmates …
Restoring The Power Of The Convening Authority To Adjust Sentences,
2020
University of Michigan Law School
Restoring The Power Of The Convening Authority To Adjust Sentences, Jacob R. Weaver
Michigan Law Review
In 2013, Congress abrogated the power of certain military officers to reduce court-martial sentences, thereby eliminating a military defendant’s best hope for efficient and effective relief from common legal errors in the military justice system. While the overhaul of the Uniform Code of Military Justice (UCMJ) in 2016 promised significant reform, it ultimately failed to substantially reduce common legal errors. This Note analyzes how the 2013 and 2016 reforms have combined to prevent military defendants from receiving timely and adequate relief. In light of this analysis, this Note suggests an amendment to the UCMJ that would restore to certain officers …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers,
2020
Brooklyn Law School
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
Autonomy And Precautions In The Law Of Armed Conflict,
2020
Brigham Young University Law School
Autonomy And Precautions In The Law Of Armed Conflict, Eric Talbot Jensen
International Law Studies
Already a controversial topic, legal debate and broader discussions concerning the amount of human control required in the employment of autonomous weapons—including autonomous cyber capabilities—continues. These discussions, particularly those taking place among States that are Parties to the 1980 Certain Conventional Weapons Convention, reveal a complete lack of consensus on the requirement of human control and serve to distract from the more important question with respect to autonomy in armed conflict: under what conditions could autonomous weapons “select” and “attack” targets in a manner that complies with the law of armed conflict (LOAC).
This article analyzes the specific LOAC rules …
On "Projecting Stability: A Deployable Nato Police Command",
2020
US Army War College
On "Projecting Stability: A Deployable Nato Police Command", Raymond E. Bell
The US Army War College Quarterly: Parameters
No abstract provided.
Civilians, Urban Warfare, And Us Doctrine,
2020
US Army War College
Civilians, Urban Warfare, And Us Doctrine, Andrew Bell
The US Army War College Quarterly: Parameters
No abstract provided.
Never Again? Germany's Lessons From The War In Afghanistan,
2020
US Army War College
Never Again? Germany's Lessons From The War In Afghanistan, Philipp Münch
The US Army War College Quarterly: Parameters
No abstract provided.
India And Pakistan: Managing Tensions,
2020
US Army War College
India And Pakistan: Managing Tensions, Philip K. Kao
The US Army War College Quarterly: Parameters
No abstract provided.
Parameters Winter 2020,
2020
US Army War College
Parameters Winter 2020, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor In Chief,
2020
SSI
From The Editor In Chief, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Stability Operations In Ww Ii: Insights And Lessons,
2020
US Army War College
Stability Operations In Ww Ii: Insights And Lessons, Raymond A. Millen
The US Army War College Quarterly: Parameters
No abstract provided.
Contribution Warfare: Sweden's Lessons From The War In Afghanistan,
2020
US Army War College
Contribution Warfare: Sweden's Lessons From The War In Afghanistan, Jan Ångström
The US Army War College Quarterly: Parameters
No abstract provided.
Diverging Interests: Us Strategy In The Middle East,
2020
Strategic Studies Institute
Diverging Interests: Us Strategy In The Middle East, Christopher J. Bolan, Jerad I. Harper, Joel R. Hillison
The US Army War College Quarterly: Parameters
No abstract provided.
Challenging Prevailing Models Of Us Army Suicide,
2020
US Army War College
Challenging Prevailing Models Of Us Army Suicide, Dr. Tim Hoyt, Dr. Pamela Holtz
The US Army War College Quarterly: Parameters
No abstract provided.
Book Reviews,
2020
US Army War College
Book Reviews, Usawc Parameters
The US Army War College Quarterly: Parameters
No abstract provided.
Autonomous Cyber Capabilities And The International Law Of Sovereignty And Intervention,
2020
University of Reading
Autonomous Cyber Capabilities And The International Law Of Sovereignty And Intervention, Michael N. Schmitt
International Law Studies
This article explores the intersection of autonomous cyber capabilities and two primary rules of international law—the respect for the sovereignty of other States and the prohibition on coercive intervention into another State's internal or external affairs. Of all the rules of international law, these are the likeliest to be violated through employment of cyber capabilities, whether autonomous or not. This raises the question of whether a cyber operation that involves autonomous capabilities presents unique issues with respect to the application of the two rules. The article concludes that while there are numerous unsettled issues surrounding their application to cyber operations, …
The Interplay Of International Obligations Connected To The Conduct Of Others: Toward A Framework Of Mutual Compliance Among States Engaged In Partnered Warfare,
2020
Asser Institute, University of Amsterdam
The Interplay Of International Obligations Connected To The Conduct Of Others: Toward A Framework Of Mutual Compliance Among States Engaged In Partnered Warfare, Berenice Boutin
International Law Studies
This article examines international obligations that arise in relation to the conduct of other States, and analyzes how they apply and interact in the context of partnered warfare. It investigates rules of State responsibility relevant to the context of partnered warfare, as well as primary norms that impose obligations connected to the conduct of others. In essence, they consist of obligations not to actively help to or to blindly let others do what a State would not do itself. It is argued that, taken together, these rules form the contour of an overarching framework of mutual compliance among States cooperating …
An Incident In The South China Sea,
2020
UNSW Canberra
An Incident In The South China Sea, Rob Mclaughlin
International Law Studies
This article assesses characterization issues under the law of the sea, through the medium of an International Law Studies “maritime situation.” The article begins with a hypothetical scenario concerning an incident between a NATO warship and PRC vessels near Subi Reef and Thitu Island in the South China Sea. The analysis then turns to how we might assess characterization issues under the law of the sea as they apply to this incident. The lenses of analysis employed are: (1) Where, in law of the sea terms, did the incident happen? (2) Who, employing a law of the sea characterization scheme, …
