Military, War, and Peace Commons^™

The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle

International Law Studies

Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the …

¿De Quién Son La Luna Y Los Demás Cuerpos Celestes?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Probablemente esta sea la imagen más conocida de una bandera que se haya hecho nunca: Buzz Aldrin de pie junto a la primera bandera de EE UU clavada en la Luna. Pero para los que conocían la historia universal, también saltaron las alarmas. En la Tierra, hace menos de un siglo, clavar una bandera nacional en otra parte del mundo todavía equivalía a reclamar ese territorio. ¿Las barras y estrellas en la Luna significaron la creación de una colonia estadounidense?

Cuando la gente escucha por primera vez que soy un abogado que ejerce y enseña algo llamado «derecho espacial», la …

Who Owns The Moon? A Space Lawyer Answers, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Most likely, this is the best-known picture of a flag ever taken: Buzz Aldrin standing next to the first U.S. flag planted on the Moon. For those who knew their world history, it also rang some alarm bells. Only less than a century ago, back on Earth, planting a national flag in another part of the world still amounted to claiming that territory for the fatherland. Did the Stars and Stripes on the moon signify the establishment of an American colony?

When people hear for the first time that I am a lawyer practicing and teaching something called “space law,” …

Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte

Law Faculty Articles and Essays

This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological …

Rivals In Arms: Sino-U.S. Cooperation, Problems, And Solutions And Their Impact On The International Uav Industry, Bei-Er Cheok

Indiana Journal of Global Legal Studies

Research and development into drone technology has exploded in the United States in the recent decades. From the operation of killer drones in the military to agricultural survey drones in farms, the proliferation of drone technology is well on its way to radically altering the American future. However, there remains numerous laws, policies, and regulations that place stifling restrictions on drone development and operations in America. Halfway across the world, China has also begun to experience the "drone revolution," but with its relatively laxer laws regarding both commercial and public drone operations and manufacturing, it seems poised to surpass the …

Parameters – Full Issue – Spring 2018, Usawc Parameters

The US Army War College Quarterly: Parameters

FEATURES: Special Commentary. “Right vs. Right: Personal Beliefs vs. Professional Obligations” by Linell A. Letendre and Martin L. Cook. Illusions of Victory. "LTG MacFarland: Insights on Illusions of Victory and Iraq” by Russell W. Glenn. “Avoiding Nation-Building: From Nixon to Trump” by Dominic Tierney. 21st Century Political Warfare. “Countering Russian Meddling in US Political Processes” by James P. Farwell. “Countering Russian Disinformation” by Timothy P. McGeehan. “Victory without Casualties: Russia’s Information Operations” by T. S. Allen and A. J. Moore. Special Relationships. “Brexit and the Anglo-American Security and Defense Partnership” by James K. Wither. “Brexit and Transatlantic Security” by Arthur …

The Unequal Battlefield: How The Transgender Ban Would Affect One-Percent Of The Armed Forces, Jennifer M. Garcia

DePaul Journal of Women, Gender and the Law

No abstract provided.

The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran

Journal of Contemporary Archival Studies

This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the …

Use Of Force At The Gaza Border: A Hybrid Approach To Tactical Challenges, Geoffrey Corn, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo

International Law Studies

In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not have the …

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Russia's Military And Security Privatization, Christopher R. Spearin

The US Army War College Quarterly: Parameters

No abstract provided.

Fighting Russia? Modeling The Baltic Scenarios, Ben S. Wermeling

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese

Washington International Law Journal

This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Crim-inal Court (“ICC”). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, …

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from …

Russia's Frozen Conflicts And The Donbas, Erik J. Grossman

The US Army War College Quarterly: Parameters

No abstract provided.

Stuff Happens: Understanding Causation In Policy And Strategy, Andrew A. Hill, Stephen J. Gerras

The US Army War College Quarterly: Parameters

No abstract provided.

Living The World War - A Retrospective, Donald N. Zillman, Elizabeth Elsbach

Maine Law Review

Living the World War is a 1200-page, two volume study of America’s participation in World War I. The week-by-week review tries to place the reader in the position of an American citizen of a century ago who “lived” the War years without knowing what might come next. The authors’ sources are the daily editions of the New York Times and the pages of the Congressional Record—two documents available to the informed citizen of 1916 to 1919. The crucial issues of a century ago have helped shape American law and policy that is relevant today to such issues as the nature …