Military, War, and Peace Commons^™

Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo

International Law Studies

The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to counter illicit DPRK …

Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias

University of Miami Inter-American Law Review

No abstract provided.

Generals & General Elections: Legal Responses To Partisan Endorsements By Retired Military Officers, Hannah M. Miller

Vanderbilt Law Review

Retired generals and admirals of the U.S. military appear to be endorsing partisan political candidates in greater numbers, with more visibility. This Note argues that the practice represents a clear danger to civilian control over the military and weakens military effectiveness. It explains that while retirees remain subject to military jurisdiction, the existing array of statutory and regulatory restrictions on political activity cannot adequately address the problem. Neither can professional norms be expected to shore themselves up to solve it. This Note describes how political restrictions on service members have evolved over time in response to novel challenges to civilian …

Federalism And The Military Power Of The United States, Robert Leider

Vanderbilt Law Review

This Article examines the original meaning of the constitutional provisions governing the raising and organization of military forces. It argues that the Framers carefully divided the military between the federal and state governments. This division provided structural checks against the misuse of military power and made it more difficult to use offensive military force. These structural checks have been compromised by the creation of the U.S. Army Reserve, the dual enlistment of National Guard officers and soldiers, and the acceptance of conscription into the national army, all of which have enhanced federal military power beyond its original constitutional limits.

This …

Evolution Of United States Navy Amphibious Landing Doctrine During World War Ii, Jaedon A. Foreman

Honors Thesis

Leaving World War I and heading into World War II the United States Navy had to prepare for an unforeseen future on the open seas. After the attack on Pearl Harbor the United States was thrust into World War II and needed an effective amphibious landing doctrine to be able to counter adversary advances. This thesis covers the evolution of landing doctrine from the beginning to the end of World War II while highlighting the impacts that Operations Torch, Husky, Shingle, and Overlord had on the Navy's landing doctrine after the war.

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …

Combating Sexual Misconduct And Abuse Of Authority In The United States Army: Same Long Fight, Wesley Martin

Dignity: A Journal of Analysis of Exploitation and Violence

Before my combat deployments into Iraq, I, Colonel Wes Martin, had successfully fought another war. As a military police officer, I spent many years fighting against sexual misconduct, abuse of authority, and cover-ups within the senior officer and sergeant ranks in the United States Army. During this fight I faced continual criticism from my senior officers who claimed I was discrediting the Army by exposing the corrupt and immoral behavior of senior officers and sergeants.

During the early days of standing up to the corruption, when I had the rank of Major, I received retaliatory evaluations and was forced to …

The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts

International Law Studies

With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …

Australian National Audit Office: Evaluating Australian Army Program Performance, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The Australian National Audit Office (ANAO) evaluates the management and financial performance of Australian government programs for the Australian Parliament, Australian government agencies, Australian taxpayers, and individuals interested in the performance of these programs globally. This article examines how ANAO has examined the performance of Australian Army programs and strengths and weaknesses found in these programs while recommending changes to improve program performance. It also examines how government agencies and corporations which have been the subject of ANAO analyses have reacted to ANAO findings. This assessment also examines how Plan B (the possibility that Australia might have to rely less …

Life Factors Affecting U.S. Army Junior-Enlisted Soldiers In Reaching Their Educational Goals, Irina Rader

Dissertations

This study focused on drawing a picture of the dynamics and educational experiences of U.S. Army junior-enlisted soldiers in the rank of specialist in the RA. Those soldiers are eligible to participate in the U.S. Army’s VolEd Program available worldwide. According to Gleiman and Zacharakis (2016):

The military relies on continuing professional education as a key component to the success of its organization. With decreasing budgets and increasing importance for a force that operates efficiently and thinks critically, the cognitive tension among training, education, and learning come center stage. (p. 81)

The researcher formed the research questions (RQs) sought to …

The Free Sea: The American Fight For Freedom Of Navigation, Bernard H. Oxman

Articles

No abstract provided.

Covid-19 And Conflicts: The Health Of Peace Processes During A Pandemic, Lisa K. Dicker, C. Danae Paterson

Faculty Publications

(Excerpt)

This Article reviews the status of selected contemporary peace processes in the early stages of the COVID-19 outbreak and explores some of the initial effects that the pandemic has had on those processes. The Article first provides an overview of the 20th and 21st century trend toward internationalized peace processes. Then, it introduces several contemporary mediation efforts that were ongoing at the onset of the pandemic and examines the early impacts of COVID-19 on those peace processes. In so doing, the Article identifies instances where actors have exploited the pandemic and peace processes where momentum has shrunk under COVID-19. …

Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, Luis Leon Arzich

University of Arkansas at Little Rock Law Review

No abstract provided.

Human Rights In Indefinite Occupation: Palestine, Sari Bashi

Cardozo International & Comparative Law Review

The article examines the tension between international humanitarian law (IHL) and international human rights law (IHRL) in the context of prolonged occupations, specifically focusing on Israel's 53-year occupation of Palestinian territory. It proposes a framework that integrates human rights norms, such as nondiscrimination and progressive realization of economic and social rights, into IHL to enhance protections for civilians under occupation. The analysis highlights the limitations of IHL in addressing long-term occupations and advocates for a more robust approach that balances military necessity with the welfare of the occupied population, while also addressing the challenges of enforcing these standards in the …

What Can The Protection And Advocacy Network Offer To Our Veterans?, David A. Boyer

University of the District of Columbia Law Review

The desire to compensate veterans predates the establishment of the United States (“U.S.”). In 1636, individuals with disabilities received pensions for defending the Plymouth colony against Native Americans.1 Throughout history, this practice continued, as documented by the U.S. Department of Veterans Affairs (“VA”).2 By 1930, President Herbert Hoover signed the Executive Order 5398, which created the Veterans Administration.3 Prior to President Hoover’s signing of that executive order, the available veteran services were divided by three separate governmental agencies: the Veterans’ Bureau, the Pensions Bureau, and the Soldiers’ Home.4 Consequently, that executive order combined all three agencies into one that concentrated …

Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?, Heather Ansley, Aniela Szymanski

University of the District of Columbia Law Review

The Department of Veterans Affairs (VA) has experienced dramatic increases in its budgets since September 11, 2001.1 Increasing federal deficits during this time has led Congress to seek spending cuts, causing tensions in efforts to ensure that a declining veteran population receives the quality benefits and services they earned through years of service.2While the number of veterans in the United States has steadily been declining due to veterans of World War II, Korea, and Vietnam dying,3 the number of veterans receiving disability compensation has risen dramatically due to injuries sustained by service members in conflicts in Iraq and Afghanistan, and …

Smart Language: How To Address An Inherent Weakness Undermining The Implementation Of U.N. Sanctions On North Korea, Maiko Takeuchi

International Law Studies

Since 2006, the U.N. has adopted ten sanction resolutions against North Korea (The Democratic People’s Republic of Korea or DPRK) to date. While these sanctions appear comprehensive, the DPRK is still advancing its nuclear and ballistic missile programs and continuing relevant procurement, according to the U.N. 1874 Panel of Experts, which monitors the implementation of these sanctions. There are constant discussions on how to improve the U.N. Member States’ implementation of the resolutions. However, the shortcomings of the language of the resolutions often is overlooked and should be examined, as these shortcomings frustrate effective implementation by U.N. Member States. After …

How Conscientious Objectors Killed The Draft: The Collapse Of The Selective Service During The Vietnam War, Bill Raley

Cleveland State Law Review

This Article argues that a key-but-overlooked factor in the Vietnam-era breakdown of the draft system was the Supreme Court’s expansion of the religious conscientious objector ("CO") exemption. It asserts that the Court understood that the CO exemption violated the Establishment Clause, but rather than strike the exemption down, the Court avoided the constitutional issue by interpreting away the religious element of CO statutes. The Article concludes that the Court’s rulings caused CO exemptions to skyrocket, which in turn caused the draft system to collapse toward the end of the Vietnam War.

The (Erroneous) Requirement For Human Judgment (And Error) In The Law Of Armed Conflict, Eric Talbot Jensen

International Law Studies

One of the most intriguing and important discussions in international law is the potential impact of emerging technologies on the law of armed conflict (LOAC), including weapons that incorporate machine learning and/or artificial intelligence. Because one of the likely characteristics of these advanced weapons would be the ability to make decisions implicating life and death on the battlefield, these discussions have highlighted a fundamental question concerning the LOAC: Does the law regulating armed conflict require human input in selecting and engaging targets or can that decision be made without human input? This article analyzes views expressed by scholars and NGOs, …