Stories Collection

  1. The second type of activity that should be considered direct participation in hostili...
  2. Major military states should issue a non-binding statement of principles wherein they...
  3. Accompanying civilian employees designated as remote combatants do not have to worry ...
  4. Designating civilian employees as remote combatants will not reduce adherence to the ...
  5. 3. Procedure for Authorizing Change in Civilian Status The procedure for changing t...
  6. (1) THE WHITE HOUSE, THE NATIONAL STRATEGY TO SECURE CYBERSPACE (2003), available at ...
  7. (12) Logic bombs are software code contained in programs that activate when predeterm...
  8. (43) Kilian, supra note 41. See also Bale Out Flyer, Your Days are Numbered, MERCURY ...
  9. (54) One of Their Own Robots Blown Up-They're Thrilled, CANBERRA TIMES, Apr. 19, 2004...
  10. (62) Hilary Leila Krieger, The Creation Story, JERUSALEM POST, Jul. 11, 2003, at 12. ...
  11. (79) LESLIE C. GREEN, THE CONTEMPORARY LAW OF ARMED CONFLICT 104-5 (2nd ed. 2000). ...
  12. (100) See Gasser, supra note 98, at 918-23. (101) Protocol I, supra note 77, art. 4...
  13. (139) See P.W. Singer, War, Profits, and the Vacuum of Law: Privatized Military Firms...
  14. (178) Gardam, supra note 174, at 400. (179) Id. at 410. (180) See Logue v. United...
  15. (190) See Chu Statement, supra note 185; 1997 GAO REPORT, supra note 185, at 29. (1...
  16. (204) See Dana Priest & Mary Pat Flaherty, Under Fire, Security Firms Form an All...
  17. (216) See SINGER, supra note 129, at 95-97. (217) See id. at 95 (quoting a contract...
  18. (230) See Victoria Burnett et al., supra note 229, at 13. (231) See 2003 GAO REPORT...
  19. (244) Id. at 58. See also Ed Timms, In Iraq, Advances and Setbacks: Private Firms Pic...
  20. (263) See supra notes 204-11 and accompanying text. (264) Geneva Convention III, su...
  21. (292) Even this category may be subject to qualification because contractors are wide...
  22. (313) See DETTER, supra note 93, at 163-64. (314) See supra notes 111-12 and accomp...
  23. II. AN OVERVIEW OF PSYOP A. Definitions PSYOP is as old as warfare itself. With t...
  24. PSYOP employs these different types of messages over three main areas of operation. T...
  25. The four main tactics employed in PSYOP are Persuasive Communication, Command Disrupt...
  26. The current legal restrictions on PSYOP are limited. Even though PSYOP has played a c...
  27. C. Current uses of PSYOP 1. Command Structure When a modern army such as the U.S....
  28. Other applications of PSYOP were also used. Tactical psychological operations were em...
  29. International law is the body of law that governs the conduct and relations of nation...
  30. It should be noted that these LOW principles were developed with physical warfare in ...
  31. Proportionality could be applied to PSYOP where an actor uses PSYOP to cause unnecess...
  32. In December 2003, the ICTR sentenced Jean Bosco Barayagwiza to thirty-five years in p...
  33. The prohibition against unnecessary suffering prohibits the use of weapons designed o...
  34. Under the Charter, a nation's right to self-defense probably does not include attacki...
  35. The current international law on PSYOP is limited. There are two main categories of l...
  36. But for now, the law restricting a nation's use of information to influence the behav...
  37. (5) HEALTH EMERGENCY MANAGEMENT NEW ZEALAND, BULLETIN NO. 69, PSYOP: AN ORWELLIAN MON...
  38. (17) See Bowdish, supra note 3, at 36. In the words of Commander Bowdish: "In th...
  39. (41) Id. (42) Cox, supra note 32, at 5. (43) DEFENSE SCIENCE BOARD, supra note 15...
  40. (100) Id. (101) 22 U.S.C. [section] 1461(a). (102) JOINT PUB. 3-53, supra note 13...
  41. (144) MANUAL 27-10, supra note 137, at 1-I(4). (145) Thomas C. Wingfield, Chivalry ...
  42. (174) Id. (175) Id. Incitement of violence based on ethnic hatred "seemed to b...
  43. (206) Prosecutor v. Nahimana et al., Case No. ICTR-99-52-T, Summary, PP 5-7 (Dec. 3, ...
  44. (241) HANDBOOK, supra note 6, at 20-6. (242) Youmans Interview, supra note 155. The...
  45. (279) Id. at 9. (280) Id. Peter Smyczek (B.A., Political Science, summa cure laud...
  46. Although the customs of LOAC were recognized in 15th-17th century America, (20) it wa...
  47. C. World War I: Total War and Targeting Civilian Morale Customary law and the Hague...
  48. In Vietnam, targeting strategy was focused, in part, on morale. Aerial combat operati...
  49. The principle of humanity incorporates several concepts, including the principle comm...
  50. 1. The Persian Gulf War/OPERATION DESERT STORM Labeled the "technological revo...
  51. OPERATION ENDURING FREEDOM (OEF) gave prominence to the term "effects-based oper...
  52. Significant collateral damage incidents resulted from Iraqi forces using civilian shi...
  53. III. TO WHOM DO THE RULES APPLY? "No nation is fit to sit in judgment on any o...
  54. Generally, international law in the form of treaties or other international agreement...
  55. IV. INTERNATIONAL CRIMES INVOLVING COLLATERAL DAMAGE "The nation that draws to...
  56. The court's jurisdiction is limited by the principle of complementarity, which mandat...
  57. The third and fourth elements require that the defendant know the collateral damage i...
  58. Military strategy that targets centers of gravity valuable to an adversary has simila...
  59. The foregoing definitions are commonly manipulated and abused by states at war. (339)...
  60. Centers of gravity and target sets will change with the economic and political struct...
  61. E. Defense Technology, Strategy and the Law of Armed Conflict Improved interoperabi...
  62. As a practical measure, U.S. planners participating in the targeting cycle already em...
  63. The collateral damage events occurring during U.S. operations provide valuable inform...
  64. Concealment warfare provoking collateral damage requires the employment of effective ...
  65. Both humanitarian interest groups and the media are instrumental in the education of ...
  66. The Koran, Surah XLVII, Ayah 15. The rules of war created on the basis of ideals ad...
  67. (4) Id. at 87. (5) Id. at 76. (6) See generally MICHAEL HOWARD, GEROGE J. ANDREOP...
  68. (12) St. Augustine of Hippo was born in 354 at Thagaste, an inland city of the Roman ...
  69. (20) Early American settlers from the 15th through the 17th centuries derived their c...
  70. Art. 21. The citizen or native of a hostile country is thus an enemy, as one of the c...
  71. (30) The first aerial bombardment occurred on October 11, 1911, when Italy bombed Tur...
  72. (4) In the immediate neighborhood of the operations of land forces, the bombardment o...
  73. (63) Id. at 5. (64) Id. at 6. (65) Id. (66) Id. at 8. (67) Id. at 9. Conventi...
  74. All enemy military personnel and vehicles transporting the enemy or their supplies ma...
  75. 3. Treat all civilians and their property with respect and dignity. Do not seize civi...
  76. (250) Draft Articles on Responsibility of States for Internationally Wrongful Acts, i...
  77. Whereas a primary purpose of the United Nations is to maintain international peace an...
  78. (287) Id. (288) Id. at art. 17(1). (289) Id. at art. 19 (290) Id. (291) Id. a...
  79. (307) Rome Statute, supra note 266, at art. 9. (308) Mauro Politi, Elements of Crim...
  80. (327) Id. (328) Id. Reports from hospitals operating in the region indicate that ma...
  81. (342) In 1956, ICRC proposed several categories of military objectives: I. The obje...
  82. (391) Id. (392) Ray Nelson, Nano-technology and Biotechnology for Future Defense, S...
  83. II. THE HISTORY OF THE AIR BRIDGE DENIAL PROGRAM AND THE SHOOTDOWN OF SUSPECTED DRUG ...
  84. While both the Reagan and Bush administrations had focused on countering the South Am...
  85. On 20 April 2001, OB-1408 left Islandia, Columbia bound for Peru. On board were Ameri...
  86. III. INTERNATIONAL LAW GOVERNING THE SHOOTDOWN OF CIVIL AIRCRAFT International law ...
  87. While the UN Charter contains rules governing State behavior that will necessarily go...
  88. Annex 2 provides that interceptions must be undertaken as a last resort, and when und...
  89. States are not only bound by international agreements that they sign and ratify, but ...
  90. The reaction to this case is quite similar to the Air France incident. What makes thi...
  91. International reaction was overwhelmingly negative. Israel itself stated that had it ...
  92. Brothers to the Rescue Shootdowns--24 February 1996. The "Brothers to the Rescue...
  93. A more difficult area in which one can search for a conclusion is the situations unde...
  94. Law enforcement operations conducted on the ground are fundamentally different from t...
  95. As a starting point, one notes that the Basic Principles on the Use of Force and Fire...
  96. There is little doubt that human rights norms are applicable to the shootdown of civi...
  97. Countries should not rely on "sovereignty," nor should we allow the develop...
  98. 2. ABDP Shootdowns as Self-Defense As the legal position that offers the strongest ...
  99. If indeed a situation ever presented itself where a foreign civil airliner poses a th...
  100. As codified in the Draft Articles on State Responsibility, the requirements for a sta...
  101. The idea of using a state of necessity defense to justify the shootdown of drug traff...
  102. Beyond national security issues, damage to the environment is also a notable conseque...
  103. The unique facts of the drug trade in South America make for a strong argument that t...
  104. Beyond the potential unintended expansion of civil aircraft shootdowns, one must also...
  105. (2) The designation "OB" indicates a Peruvian-registered aircraft. (3) Se...
  106. (9) See U.S., OFFICE OF THE WHITE HOUSE PRESS SECRETARY, PRESS RELEASE REGARDING PRES...
  107. (23) Pub. L. 103-337, sec. 1012, 108 Stat. 2883 (1994). (24) OFFICE OF THE PRESIDEN...
  108. (37) See SENATE PERU REPORT, supra note 10 at 20. (38) See id. at 21. That very sam...
  109. (53) See Andres Oppenheimer, Missile Attack Weighed After Shootdown, MIAMI HERALD, Oc...
  110. (57) Convention on International Civil Aviation, Dec. 7, 1944, 61 Stat. 1180, 15 U.N....
  111. (70) Id., table A-1 (71) Id., annex 2, app. 1. (72) Id., attach. A, para. 8. (7...
  112. (92) Oliver J. Lissitzyn, The Treatment of Aerial Intruders in Recent Practice and In...
  113. (127) See Security Council Condemns Use of Weapons Against Civil Aircraft; Calls on C...
  114. (142) UNHCR, 1990, UN Doe. A/CONF.144/28/Rev. 1, available at www.unhchr.ch/html/menu...
  115. (151) For example, in Alejandre v. Republic of Cuba, a U.S. Federal Judge held that t...
  116. (161) "An interpretation extending the right of self-defense to attacks by non-S...
  117. (176) Protocol I, supra note 174art. 48 (177) See id., art. 50(4). (178) Id., art...
  118. (187) See Doug Mills, Crash Mystery; Jet Carrying Payne Stewart Drifted for Hours, CH...
  119. (198) Draft Articles of State Responsibility, supra note 157, art. 25. 199 See Gabcik...
  120. (209) Gabcikovo-Nagymaros Case, supra note 152, para. 54. (210) State Responsibilit...
  121. (232) See INCSP 2002, supra note 213 at II-4. "[T]he Government of Peru lacks th...
  122. (255) See Marian Nash Leich, Four Bills Proposed By President Reagan to Counter Terro...
  123. If you want to indict industrialists who helped to rearm Germany, you will have to in...
  124. I. INTRODUCTION The Military Housing Privatization Initiative (MHPI) is a recent De...
  125. I. INTRODUCTION The Constitution of the United States was established, in part, to ...
  126. I. INTRODUCTION Between my service on the North Dakota Supreme Court and the Court ...