The Birth Of Modern International Criminal Law: The International Military Tribunal At Nuremberg,
2026
Mississippi College School of Law
The Birth Of Modern International Criminal Law: The International Military Tribunal At Nuremberg, Frank Rosenblatt
Journal Articles
The International Military Tribunal at Nuremberg (IMT), the most famous and arguably most important international criminal trial in human history, almost did not occur. In fact, it might even be an accident of history that the most senior perpetrators of the Nazi regime’s atrocities eventually faced the courtroom instead of summary execution. That their fate was decided by rights over might has shaped the world; helped birth the fields of international criminal law and international human rights law; and become the starting point for conversations about international law, transitional justice, genocide, and human rights.
The Justice For Victims Of War Crimes Act: A Dangerous Expansion Of Universal Jurisdiction To Non-International Armed Conflicts,
2026
Duke University School of Law
The Justice For Victims Of War Crimes Act: A Dangerous Expansion Of Universal Jurisdiction To Non-International Armed Conflicts, Yuyan (Nicole) Zhang
Michigan Journal of International Law
Universal jurisdiction over war crimes committed in noninternational armed conflict (“NIACs”) has yet to develop a firm legal foundation under international law. The Justice for the Victims of War Crimes Act of 2023, however, amended the War Crimes Statute (18 U.S.C. § 2441) and extended universal jurisdiction to NIACs. This overreach risks infringing on the sovereignty of NIAC-affected states and destabilizing their ongoing peace processes. Many such states prioritize reconciliation through mechanisms like truth commissions over retributive justice through criminal trials. The prosecution of their nationals under U.S. law could undermine their sovereign decisions and unravel delicate efforts toward peace. …
The Futility Of “Genocide” In Ending A Genocide,
2026
Washington and Lee University School of Law
The Futility Of “Genocide” In Ending A Genocide, Shannon Fyfe
Scholarly Articles
After the horrors of World War II, the Genocide Convention of 1948 sought to invest the international community in creating legal obligations that “sovereign” states commit to preventing and punishing future genocides. Unfortunately, this has not succeeded. International legal jurisprudence pertaining to identifying and punishing genocide has developed at the International Court of Justice and at other international criminal courts and tribunals. Yet the invocation of the term “genocide” in public, academic, or legal discourse has generally failed to ensure the participation of the international community in stopping a genocide. The United States, for instance, has failed to play the …
Toxic Exposure,
2026
University of Florida Levin College of Law
Toxic Exposure, Judy Ann Clausen
UF Law Faculty Publications
Service members are often exposed to toxins in service. When they file claims for disability compensation, they struggle to link their diseases to toxic exposure while serving. Congress stepped in to ease their burden by creating presumptions, relieving the veterans of the burden of proving a nexus between the exposure and their disease. In 2022, Congress enacted the PACT Act which expanded presumptive service connection for veterans whose service involved exposure to toxic substances. But, for veterans whose conditions do not fall within these presumptions, problems with the Department of Veterans Affairs (“VA”) benefits adjudication system make it difficult to …
Grown-Ups, Grown-Downs, And Pan-Generationality, In Parents, Children, And The Ripples Of Transitional Justice (Kirsten J. Fisher & Caitlin Mollica Eds., 2026),
2026
Washington and Lee University School of Law
Grown-Ups, Grown-Downs, And Pan-Generationality, In Parents, Children, And The Ripples Of Transitional Justice (Kirsten J. Fisher & Caitlin Mollica Eds., 2026), Mark A. Drumbl
Books and Chapters
Until one becomes a grown-up, one perhaps remains a ‘grown-down’. Indeed, a refrain among concerns that have been raised about demobilization programmes for former child soldiers is that they treat former child soldiers as grown-downs, often even as infants, notwithstanding the experiences of these young people in terms of fighting and foraging and fending and fleecing which, indeed, surpass the kinds of challenges that many grown-ups ever face. In the end, then, as Grace Akello has poignantly demonstrated, many decommissioned child soldiers remain grown-downs who end up going down paths on which they shift from armed conflict to drift into …
The Internet At War: An Empirical And Legal Analysis Of Harmful Narratives On Social Media During Armed Conflict,
2026
Stanford University
The Internet At War: An Empirical And Legal Analysis Of Harmful Narratives On Social Media During Armed Conflict, Bailey Ulbricht, Allen Weiner
Michigan Technology Law Review
This Article empirically investigates the connection between harmful narratives on social media and violent acts perpetrated against persons protected under international humanitarian law (IHL) during armed conflict, and then examines the legal implications of such a relationship. First, examining comprehensive datasets from two inter-state armed conflicts (Russia-Ukraine and Armenia-Azerbaijan) as case studies, this Article documents patterns in Telegram data indicating that more violent acts are preceded by increases in harmful narratives than decreases in such content. This suggests that harmful narratives on social media platforms may plausibly contribute to the incidence of real-world violence committed against protected persons during armed …
Escape Probability: Rethinking Wartime Protection Of Nuclear Facilities,
2026
Sandia National Laboratories; The Ohio State University
Escape Probability: Rethinking Wartime Protection Of Nuclear Facilities, Pearle M. Lipinski
Michigan Journal of International Law
The 2022 Russian attacks on the Chernobyl and Zaporizhzhia nuclear facilities in Ukraine shocked the international community. Claims that the attacks constituted war crimes immediately entered the public consciousness, and a flurry of opinions were set forth on the international humanitarian law (“IHL”) protections afforded to nuclear plants, focusing on Article 56 of Additional Protocol I of the Geneva Conventions, which provides special protection to nuclear electrical generating stations. These opinions primarily focused on the immediate applicability and shortcomings of Article 56 on the attacks at hand, often operating on the presumption that a massively consequential environmental and humanitarian disaster …
The Prohibition Of Force Is The First Principle Of International Humanitarian Law,
2026
Notre Dame Law School
The Prohibition Of Force Is The First Principle Of International Humanitarian Law, Mary Ellen O'Connell
Journal Articles
This article tracks the decline of respect for the prohibition of force, IHL, and human rights law. At the same time, it will clarify the inter-relationship of the three bodies of international law relevant to armed conflict. The article also considers why presidents first began to “abandon peace.” The evidence indicates that a major reason involves the influence of realist political theory. Realism asserts that national security is attained by amassing and demonstrating superior military capability. A president who follows the theory will defy the law against the use of force. Following realism is also at odds with the empirical …
The Proportionality Trap: Why Death Tolls In War Need Not Add Up Equally,
2026
Touro University Jacob D. Fuchsberg Law Center
The Proportionality Trap: Why Death Tolls In War Need Not Add Up Equally, Thane Rosenbaum
Touro Law Review
Imagine a war without battlefields. There are no uniforms. Civilians and combatants are indistinguishable. Homes, schools, hospitals, and religious buildings are used as command and communication centers, and for the warehousing of weapons. Apartment rooftops are launching pads; the civilians who live inside . . . human shields. There are over 300 miles of reinforced tunnels, all outfitted with weapons and passageways for terrorists to take hostages and travel freely. Beyond Proportionality examines Israel’s battles against Hamas and Hezbollah under the laws of war and concludes that its war time conduct was based on military necessity and fought justly. The …
Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution,
2026
American University Washington College of Law
Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell
Celebrating WCL Student Authors
The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …
Nuclear Deterrence In The Age Of Hybrid Warfare,
2026
Old Dominion University
Nuclear Deterrence In The Age Of Hybrid Warfare, Chick Edmond
Political Science & Geography Faculty Publications
The main mechanism through which strategic stability can be preserved amongst nuclear armed states has traditionally been viewed as nuclear deterrence. Deterrence works on the premise that catastrophic consequences will cause rational restraint due to the fear of nuclear conflict. The proliferation of hybrid warfare (the coordinated use of conventional, cyber, informational, economic, and proxy instruments below the threshold of open war) has changed the strategic environment within which deterrence now operates. This research paper assesses whether nuclear deterrence is still effective in preventing escalation in an era marked by continuous grey zone competition amongst major powers. The paper also …
“Necessary” Jurisdiction: Veterans’ Rights In Article Iii Courts,
2026
Harvard Law School
“Necessary” Jurisdiction: Veterans’ Rights In Article Iii Courts, Dana Montalto
American University Law Review
U.S. veterans should possess the same access to courts as other Americans, but a misreading of a federal law has led many veterans to be denied an opportunity to assert their civil rights in any judicial forum. That law—38 U.S.C. § 511—grants exclusive jurisdiction over certain federal veterans benefits appeals to a specialized Article I court, the Court of Appeals for Veterans Claims. But federal judges and Department of Veterans Affairs leaders have mistakenly interpreted that grant of exclusive jurisdiction to also close the door to Article III courts, leading veterans’ meritorious claims of systemic discrimination and injustice to be …
Drones And The Changing Character Of War,
2025
US Army War College
Drones And The Changing Character Of War, Erik A. Davis
The US Army War College Quarterly: Parameters
Cheap drones have transformed the character of war by creating a “mass effect” that challenges traditional principles of force concentration. Unlike commentary focused on offense-defense debates or ethics, this article explains how Jevons’s Paradox, the Red Queen Effect, and models like Lanchester’s Laws and Hughes’s Salvo Equations underpin this shift. Drawing on lessons from Ukraine, historical theory, and production trends, it explains why the production of cheap “precision mass” is expected to accelerate. For military and policy practitioners, the analysis offers urgent guidance for adapting tactics, procurement, and doctrine to a battlefield dominated by ubiquitous, low-cost drones—before adversaries exploit this …
Parameters Winter 2025-26,
2025
US Army War College
Parameters Winter 2025-26, Usawc Press
The US Army War College Quarterly: Parameters
Welcome to the Winter 2025–26 issue of Parameters. We open with an In Focus commentary: “Responsibly Pursuing Generative Artificial Intelligence (GenAI) for the War Fighter” by A. Blair Wilcox and C. Anthony Pfaff. The issue also features two forums (Indo-Pacific Deterrence and Considerations for Modern Warfare) and the inaugural Strategic Competition Corner.
Security Implications Of The China-Russia-North Korea Triangle,
2025
US Army War College
Security Implications Of The China-Russia-North Korea Triangle, Brian G. Carlson
The US Army War College Quarterly: Parameters
This article analyzes the evolving strategic dynamics within the China-Russia-North Korea triangle and their implications for global security. It argues that while the strengthened Russia–North Korea relationship poses risks for China’s global strategy and its major economic partnerships, for now, China also derives some benefits from these close ties and considers the risks to be manageable. Drawing on recent diplomatic developments, military cooperation, and regional responses, the article offers a nuanced assessment of how this alignment affects European and Indo-Pacific theaters. The analysis provides US policymakers with insight into the risks of opportunistic aggression and the strategic calculations driving these …
Book Reviews,
2025
US Army War College
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Recurring Coups In The Sahel Region Likely To Strain U.S. Resources,
2025
James Madison University
Recurring Coups In The Sahel Region Likely To Strain U.S. Resources, Autumn Tewksbury, Anthony Zampino, Shay Dauphinais, Andrew Britland
James Madison Undergraduate Research Journal (JMURJ)
This client report examines recurring military coups in the Sahel region of Africa and the probability of implications for U.S. interests. We incorporated analysis of terrorist organizations, adversarial involvement in the region, and projected socioeconomic factors in the next three to five years. Our analysis indicates these factors could pose a direct threat to U.S. national security interests. Current U.S. policy prohibits aid distribution to coup governments, increasing the likelihood that Sahelian countries will turn to U.S. adversaries for economic support. An additional aspect to consider is the Sahel’s natural resources and economic opportunities. Our project utilizes in-depth research, geospatial …
How Armenia And Azerbaijan Are Lobbying For Influence In D.C.,
2025
Craig Newmark Graduate School of Journalism at CUNY
How Armenia And Azerbaijan Are Lobbying For Influence In D.C., Gibran C. Boyce, Dawn Kikel
Capstones
In the wake of President Trump taking office, foreign government agencies and U.S.-based non-profits serving Armenian and Azerbaijani interests have been hiring lobbyists in Washington, D.C. as part of their concerted efforts to curry favor, gain influence, and seek policy changes that would benefit the rival post-Soviet nations.
Military Ai And The Specter Of The Limitless War,
2025
U.S. Naval War College
Military Ai And The Specter Of The Limitless War, Yuval Shany, Yahli Shereshevsky
International Law Studies
Legal and extra-legal factors related to the development of international humanitarian law (IHL) support the exercise of strategic restraint during armed conflicts. We claim, however, that technological developments in the area of military artificial intelligence (AI) fundamentally do away with many of the technological constraints that limited the capacity of militaries to fully utilize the “license to kill” afforded to them by IHL. Such a violence-enhancing effect can become even more dramatic in cases where other restraining factors are less effective. The upshot of our analysis is that the implicit assumption that IHL would be applied in a context of …
The Reality Of Lawful And Unlawful Militaryorders,
2025
Mississippi College School of Law
The Reality Of Lawful And Unlawful Militaryorders, Frank Rosenblatt, Colby Vokey
Journal Articles
Much of the recent discussion about military orders has been simplistic: Is a given order lawful or unlawful? The reality is that military members more regularly face dilemmas about questionable orders. In many of these cases, resolving the question lawfulness isn’t the main point.
