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Book Reviews, USAWC Press 2018 US Army War College

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner 2018 Australian National University

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …


From The Editor, Antulio J. Echevarria II 2018 SSI

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


High-Energy Laser Weapons: Overpromising Readiness, Ash Rossiter 2018 US Army War College

High-Energy Laser Weapons: Overpromising Readiness, Ash Rossiter

The US Army War College Quarterly: Parameters

No abstract provided.


Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth 2018 US Army War College

Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth

The US Army War College Quarterly: Parameters

No abstract provided.


Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico 2018 Fordham University School of Law

Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico

Fordham Law Review

Few conflicts have tested the mettle of procedural due process more than the War on Terror. Although fiery military responses have insulated the United States from another 9/11, the Obama administration’s 2011 drone execution of a U.S. citizen allegedly associated with al-Qaeda without formal charges or prosecution sparked public outrage. Judicial recognition that this nonbattlefield execution presented a plausible procedural due process claim ignited questions which continue to smolder today: What are the limits of executive war power? What constitutional privileges do American citizens truly retain in the War on Terror? What if the executive erred in its judgment and …


Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer 2018 Brooklyn Law School

Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer

Brooklyn Journal of International Law

For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …


The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu 2018 University of Exeter

The Regime Of Innocent Passage In Disputed Waters, Hitoshi Nasu

International Law Studies

The regime of innocent passage is a well-established body of customary international law. However, when there is a dispute over sovereign entitlement to a territorial sea or its outer limit, the applicability and legal effect of the regime are brought into question. This article considers the applicability of the regime of innocent passage and its legal effect in disputed waters by critically examining the relevant jurisprudence of international courts and tribunals that have dealt with territorial and maritime disputes. The efficacy of the findings from this analysis will then be evaluated from a legal policy perspective in the interest of …


Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj 2018 National Institute of Technology, Srinagar

Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj

Violence Against Women conference

Documentation of life under militarization has mostly been done by “men writing about men.” The need to have a gendered perspective of conflict and war was only recently introduced in the academic discourse after the collective violence against the women of Bosnia and Rwanda in the 1990s was given the attention it deserved by the international media. In Kashmir, women are subjected to violence through physical, sexual, and mental harassments. The very nature of the conflict has pushed Kashmiri women to the wall, putting the burden of violence on their shoulders. Women face physical and sexual assault at checkpoints, during …


“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann 2018 University of Georgia School of Law

“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann

Popular Media

This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.


International Humanitarian Law And The Targeting Of Data, Tim McCormack 2018 University of Tasmania

International Humanitarian Law And The Targeting Of Data, Tim Mccormack

International Law Studies

The 2013 publication of the Tallinn Manual on the International Law Applicable to Cyber Warfare confirmed the view of the majority of the international group of experts that data was not an object and therefore not subject to the rules of targeting during an armed conflict. Intuitively, a number of scholars reacted negatively to this view, and instead were drawn to the Tallinn Manual minority position that data did constitute an object. The significance of data, particularly personal data, is only increasing, and the purpose of the law of armed conflict is to reduce the deleterious impact of armed conflict …


Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick 2018 Roger Williams University School of Law

Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


How The Feres Doctrine Prevents Cadets And Midshipmen Of Military-Service Academies From Achieving Justice For Sexul Assault, Katherine Shin 2018 Fordham University School of Law

How The Feres Doctrine Prevents Cadets And Midshipmen Of Military-Service Academies From Achieving Justice For Sexul Assault, Katherine Shin

Fordham Law Review

Sixty-seven years ago, Feres v. United States foreclosed service members from pursuing claims under the Federal Tort Claims Act (FTCA) for “injuries incident to their service.” The progeny of case law that has since developed, the basis for what is known as the Feres doctrine, expanded the scope of what the Feres Court originally articulated as an injury incident to service. Now, cadets and midshipmen of military-service academies who allege that the government (i.e., the administration of military-service academies) was negligent in handling their sexual assaults are precluded from bringing an FTCA claim because their injuries are classified as “incident …


Moral Disarmament: Reviving A Legacy Of The Great War, James D. Fry, Saroj Nair 2018 University of Hong Kong Faculty of Law

Moral Disarmament: Reviving A Legacy Of The Great War, James D. Fry, Saroj Nair

Michigan Journal of International Law

In short, this Article examines the concept of moral disarmament using a broad-spectrum definition of humanity rather than the traditional IHL perspective. Rather than referring to human rights that are impacted by armaments, this Article looks at methods through which human initiative can create a society that truly hungers for disarmament. In other words, this Article points out that the extent of change that society can bring about through education, intellectual cooperation, peace initiatives, international affairs awareness, and intercultural communication can be reflected in the economic growth, social growth, and development of states. The aim is to help the reader …


Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam 2018 Penn State Dickinson Law

Fire, Aim, Ready! Militarizing Animus: “Unit Cohesion” And The Transgender Ban, Eric Merriam

Dickinson Law Review (2017-Present)

President Trump’s currently litigated “transgender ban,” which excludes transgender persons from military service, is premised in part upon a claim that transgender persons’ presence in the military adversely affects “unit cohesion.” This use of identity- based “unit cohesion” as a justification for excluding a group from military service is the latest episode in a long history of the government asserting “unit cohesion” to justify excluding people from military service based on their identities. This Article contends that unit cohesion, when premised on identity, is always an impermissible justification for exclusion from military service because it is unconstitutional animus. Though …


Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku 2018 Weber State University

Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku

Cardozo International & Comparative Law Review

The article examines the phenomenon of "constitutional coups" in Africa, where leaders manipulate constitutional provisions to extend their power, undermining democracy. It argues that while the African Union (AU) has adopted frameworks like the Responsibility to Protect (R2P) doctrine to address unconstitutional regime changes, its response to constitutional coups has been inconsistent and ineffective. The analysis highlights the tension between state sovereignty and human rights, emphasizing the need for stronger AU mechanisms to prevent such abuses and promote democratic governance.


Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja 2018 University of New South Wales, Australian Defence Force Academy

Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja

International Law Studies

Under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions, States are required to review new weapons for their compliance with international law. While recent discussions on the regulation of lethal autonomous weapons systems under the auspices of the UN Certain Conventional Weapons Convention increasingly emphasize the importance of national weapons review mechanisms, Article 36 is known to be implemented only by a handful of States. Some legal scholars have nonetheless argued that the Article 36 obligation has attained customary international law status. Remarkably, substantive analysis of State practice and opinio juris required to evidence that certain …


The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn 2018 Roger Williams University School of Law

The Idf Mag’S Gaza Report And Its Critics: Context, Compliance, And Credibility, Peter Margulies, Geoffrey Corn

Law Faculty Scholarship

No abstract provided.


Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison 2018 International Committee for the Red Cross's Regional Delegation for the United States and Canada

Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison

ILSA Journal of International & Comparative Law

No abstract provided.


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