Military, War, and Peace Commons^™

Toward A Science Of Torture?, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

War In The 21st Century And Collected Works

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

A Study Of The Effectiveness Of The Crisis Care & Counseling Course Within The Special Operations Forces At The Joint Special Operations University, Mary Ann Quartetti

Doctor of Education (Ed.D)

The Special Operations Forces have experienced a surge in PTSD and suicides in the past several years, now surpassing conventional military branches. Due to the attached stigma for seeking help from mental health professions and potential negative career effects, military personnel are more likely to seek counseling from their unit chaplain. The U.S. military does not require chaplains to have a counseling degree or certification in counseling as a prerequisite to performing duties as a chaplain, although most Masters of Divinity programs do include some counseling courses. The military does provide limited training to its chaplains in counseling. Special Operations …

The First Wartime Water Torture By Americans, Allan W. Vestal

Maine Law Review

The first use of wartime water torture by Americans occurred during the Philippine-American War of 1899 to 1902, when American soldiers and their indigenous minions used the “water cure” to extract information from Filipinos who resisted the occupation of their land, and to punish them. The practice, in which a prisoner was held down and forced to ingest large quantities of water to simulate drowning, was almost universally acknowledged at the time to be a form of torture, illegal under the applicable laws of war. The Philippine-American War, an early foray into overseas imperialism, was extremely controversial at the time. …

From Rising Heat Comes Rising Tension In Syria: How Global Warming Started A War & Threatens Homeland Security, D'Andre Lampkin

William & Mary Environmental Law and Policy Review

This Essay investigates the links of climate change as it relates to civil unrest and terrorism in Syria and the ongoing civil war occurring in the region. The goals are to explore how climate change leads to instability in the region and gives rise to the spread of terrorist organizations, and to suggest solutions to lay the foundation for restoring economic, social, and political stability in the region.

Rethinking Targeted Killing Policy: Reducing Uncertainty, Protecting Civilians From The Ravages Of Both Terrorism And Counterterrorism, Shiri Krebs

Florida State University Law Review

Targeted killing is a lethal and irreversible counterterrorism measure. Its use is governed by ambiguous legal norms and controlled by security-oriented decisionmaking processes. Oversight is inherently limited, as most of the relevant information is top secret. Under these circumstances, attempts to assess the legality of targeted killing operations raise challenging, yet often undecided, questions, including: How should the relevant legal norms be interpreted? How unequivocal and updated must the evidence be? And, given the inherent limitations of intelligence information, how should doubt and uncertainty be treated?

Based on risk analysis, organizational culture and biased cognition theories, as well as on …

The Military-Environmental Complex And The Courts: Comment To Sarah Light, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Rape In War: Prosecuting The Islamic State Of Iraq And The Levant And Boko Haram For Sexual Violence Against Women, David Sverdlov

Cornell International Law Journal

No abstract provided.

Fall 2016 Cross-Border Data Privacy Issues, Daniel Goldberger, Nick Akerman, Joanna Levin, David Ray

Cardozo Journal of International and Comparative Law

The symposium examines the challenges and complexities of cross-border data transfers, particularly between the EU and the US, highlighting the stringent data protection regulations in the EU, such as the GDPR, and the lack of a comprehensive federal data protection law in the US. It discusses the impact of these legal frameworks on global businesses and the evolving privacy rights in both regions. The analysis underscores the need for robust compliance mechanisms and international cooperation to address the growing concerns surrounding data privacy and security.

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

Articles

In this section: • United States Abstains on Security Council Resolution Criticizing Israeli Settlements • United States Sanctions Russian Individuals and Entities After Accusing Russian Government of Using Hacking to Interfere with U.S. Election Process; Congressional Committees and Intelligence and Law Enforcement Agencies Continue to Investigate President Trump’s Connections to Russian Officials • Second Circuit Overturns $655 Million Jury Verdict Against Palestine Liberation Organization and Palestinian Authority • New Legislation Seeks to Confirm Immunity of Artwork and Facilitate Cultural Exchange • United States Confronts China over Seizure of Unmanned Drone in the South China Sea • International Criminal Court Prosecutor …

The Myth Of Strategic And Tactical Airlift, Jacob D. Maywald, Adam D. Reiman, Alan A. Johnson, Robert E. Overstreet

Faculty Publications

In the 21st century, our ability to quickly and decisively deliver combat forces and equipment is of the utmost importance in achieving our national security objectives. The swiftness and flexibility of the US Air Force’s mobility airlift fleet is the key to executing a rapid global mobility strategy. The operational effectiveness and efficiency of military air transportation relies on the expertise and intuition of Air Mobility Command’s (AMC) mobility planners. Working in coordination with the United States Transportation Command (USTRANSCOM) and geographic combatant commands (GCC), AMC is responsible for the tasking and tracking of almost 900 daily mobility sorties worldwide. …

The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner

International Law Studies

Since their publication in the 1950s and the 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 these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …

Combat Losses Of Nuclear-Powered Warships: Contamination, Collateral Damage And The Law, Akira Mayama

International Law Studies

There have been non-combat losses of nuclear-powered warships during sea trials and peacetime patrol missions. Nuclear contamination is spreading from some of these sinking sites. It is also conceivable that combat losses of nuclear-powered warships could cause contamination of civilians, civilian objects and the natural environment. If such combat losses occur at sea, both belligerent and neutral States will have to deal with a difficult question: to what extent and by who can harm resulting from such contamination be compensated for payment of damages. This article examines legal issues stemming from prospective combat losses of nuclear-powered warships from the perspectives …

Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Congress has recently authorized military commissions to try enemies not only for violations of the international law of war, but also for domestic-law offenses, such as providing material support to terrorism and conspiring to commit law-of-war offenses. Moreover, President Trump has indicated support for further military trials, including trials against U.S. citizens. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution prescribes. The constitutionality of such an abrogation of Article III’s criminal trial guarantees has been debated during many of the nation’s wars without clear resolution, and the constitutional question is now at …

The Big Lebowski: The Dude’S Lessons In Law And Leadership For Military And National Security Attorneys, Ryan A. Little

Pace Law Review

The Big Lebowski is a cultural phenomenon that has prompted academic research into the nature of cult cinema, provided fodder for a host of law review quotes, and motivated a tradition of fan festivals and midnight screenings. However, most viewers do not realize that The Big Lebowski also serves as an engaging training tool for military and national security attorneys.

Disguised as an impish play on film noir and hard-boiled detective fiction, The Big Lebowski’s unpretentious treatment of delicate topics contains poignant lessons for military and national security attorneys that include: (1) the risks facing national security attorneys when they …