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Seeking Justice, Moving On, Singapore Management University 2017 Singapore Management University

Seeking Justice, Moving On, Singapore Management University

Perspectives@SMU

Transitional justice measures should be used carefully to heal conflict wounds


International Military Tribunals’ Genesis, Wwii Experience, And Future Relevance, Henry Korn 2017 SJ Quinney College of Law, University of Utah

International Military Tribunals’ Genesis, Wwii Experience, And Future Relevance, Henry Korn

Utah Law Review

Years after the prosecution of Nazi and Japanese war criminals, the United Nations created an International Criminal Tribunal as part of its commitment to bring to justice persons engaged in war crimes, as those crimes were defined during the WWII proceedings. Ultimately, specific tribunals, organized by the United Nations, were created to bring to justice war criminals. In 1993, a tribunal was formed to prosecute former Yugoslav officials and military personnel for atrocities committed during what is known as the Yugoslav wars. In 1994, a tribunal was formed to prosecute officials in Rwanda for evidence of ethnic genocides. There is …


Examining The Role Of Law Of War Training In International Criminal Accountability, Laurie R. Blank 2017 International Humanitarian Law Clinic, Emory University School of Law

Examining The Role Of Law Of War Training In International Criminal Accountability, Laurie R. Blank

Utah Law Review

Training and dissemination of the fundamental rules and principles of law of armed conflict (LOAC) is the first step in any process to ensure lawful military operations. A soldier, a military unit, an entire military must know the rules and parameters for appropriate, lawful and effective action during armed conflict. In the same manner, accountability for violations of LOAC — whether individual criminal accountability or state responsibility — is an equally essential tool for enforcing the law. Exploring the intersection between these two endpoints of the spectrum of LOAC implementation highlights how training and accountability can actually work together to …


Smith V. Obama: A Neoclassical After Action Review, Sam Walenz 2017 Florida State University College of Law

Smith V. Obama: A Neoclassical After Action Review, Sam Walenz

Florida State University Law Review

No abstract provided.


The More? Uniform Code Of Military Justice (And A Practical Way To Make It Better), Sean Patrick Flynn 2017 Notre Dame Law School

The More? Uniform Code Of Military Justice (And A Practical Way To Make It Better), Sean Patrick Flynn

Notre Dame Law Review

This Note offers suggestions for the successful transition of the military sentencing system, in light of the responses to the federal sentencing system. It goes on to argue that ,because sentencing guidelines are detrimental to the defendant, the military sentencing process should offer a guaranteed, but waivable, two days of preparation to the defendant post-conviction and presentencing.


Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine 2017 University of Maryland Francis King Carey School of Law

Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine

Maryland Law Review

No abstract provided.


Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant 2017 Harvard University

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Prosecuting Islamic State Members For Sexual And Gender-Based Crimes Committed Against Yazidi Women And Girls, Samantha Hechler 2017 Benjamin N. Cardozo School of Law

Prosecuting Islamic State Members For Sexual And Gender-Based Crimes Committed Against Yazidi Women And Girls, Samantha Hechler

Cardozo Journal of International and Comparative Law

The note examines the systematic sexual enslavement and gender-based violence perpetrated by ISIS against Yazidi women and girls, emphasizing the legal and jurisdictional challenges in prosecuting these crimes under international law. It argues that while the International Criminal Court (ICC) lacks jurisdiction over Iraq and Syria, alternative mechanisms such as ad hoc tribunals, hybrid courts, or prosecutions in foreign national courts offer feasible pathways to justice for the victims


Contemporary Practice Of The United States Relating To International Law, July 2017, Kristina Daugirdas, Julian Davis Mortenson 2017 University of Michigan Law School

Contemporary Practice Of The United States Relating To International Law, July 2017, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …


The Future Of U.S. Detention Under International Law: Workshop Report, International Committee of the Red Cross (ICRC), Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), Stockton Center for the Study of International Law (U.S. Naval War College) 2017 U.S. Naval War College

The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)

International Law Studies

The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …


Niac Nonsense, The Afghan War, And Combatant Immunity, Jordan J. Paust 2017 University of Houston

Niac Nonsense, The Afghan War, And Combatant Immunity, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Achieving Organizational Flexibility Through Ambidexterity, Patricia M. Shields, Donald S. Travis 2017 US Army War College

Achieving Organizational Flexibility Through Ambidexterity, Patricia M. Shields, Donald S. Travis

The US Army War College Quarterly: Parameters

No abstract provided.


Us Air Force Airlift And The Army's Relevance, Robert C. Owen 2017 US Army War College

Us Air Force Airlift And The Army's Relevance, Robert C. Owen

The US Army War College Quarterly: Parameters

No abstract provided.


Destined For War: Can America And China Escape Thucydides's Trap?, James C. MacDougall 2017 US Army War College

Destined For War: Can America And China Escape Thucydides's Trap?, James C. Macdougall

The US Army War College Quarterly: Parameters

No abstract provided.


Possible Changes To U.S. Policies On The Use Of Force In Counterterrorism Operations, American Civil Liberties Union (ACLU), Amnesty International, Center for Civilians in Conflict (CIVIC), Center for Constitutional Rights, Human Rights Clinic, Coalition for Peace Action, Human Rights First, Human Rights Watch, Interfaith Network on Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, OpenTheGovernment 2017 Columbia Law School

Possible Changes To U.S. Policies On The Use Of Force In Counterterrorism Operations, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Human Rights Clinic, Coalition For Peace Action, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Openthegovernment

Human Rights Institute

We write today to express our deep concern regarding reports that the administration is considering weakening current policy standards for the use of force in counterterrorism operations.


Out Of The Shadows: Recommendations To Advance Transparency In The Use Of Lethal Force, Human Rights Clinic, Sana'a Center for Strategic Studies 2017 Columbia Law School

Out Of The Shadows: Recommendations To Advance Transparency In The Use Of Lethal Force, Human Rights Clinic, Sana'a Center For Strategic Studies

Human Rights Institute

The U.S. government’s secretive and expanding use of “targeted killings” and drone strikes since the terrorist attacks on September 11, 2001 is highly controversial. For many years, such killings were carried out as part of counter-terrorism operations and in near-complete secrecy by the Cen- tral Intelligence Agency (CIA) and the U.S. military’s Joint Special Operations Command (JSOC), including in Pakistan, Somalia, and Yemen, far from any traditional and recognized battlefield. The government did not meaningfully explain their legal basis. The U.S. government has admitted that it killed between 2,867–3,138 people between 2009–2016, in an estimated 526 strikes in areas the …


Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro 2017 US Army War College

Mobilizing For Major War, Olen Chad Bridges, Andrée Navarro

The US Army War College Quarterly: Parameters

No abstract provided.


Interpretation Catalysts In Cyberspace, Rebecca Ingber 2017 Boston University

Interpretation Catalysts In Cyberspace, Rebecca Ingber

Faculty Scholarship

The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …


Beyond Surprise Attack, Lawrence Freedman 2017 US Army War College

Beyond Surprise Attack, Lawrence Freedman

The US Army War College Quarterly: Parameters

No abstract provided.


Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker 2017 US Army War College

Mobilization: The State Of The Field, Ken S. Gilliam, Barrett K. Parker

The US Army War College Quarterly: Parameters

No abstract provided.


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