Seeking Justice, Moving On,
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,
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,
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,
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),
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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,
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,
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,
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.
