forthcoming scholarship – The Army Lawyer special edition on Int’l and Operational Law

* Forthcoming Scholarship – Special Edition of the Army Lawyer, focused on Int’l and Operational Law

The June Issue of the Army Lawyer is dedicated to International and Operational Law, and is full of interesting articles. Those who are interested in the latest developments with detention policy in Afghanistan, for example, should check out Jeff Bovarnick’s paper on the evolution of the Detainee Review Board system. Also note Richard Taylor’s piece on the question of whether there is an obligation to capture rather than kill when both are otherwise lawful options in relation to a civilian directly participating in hostilities.

The full issue is posted here: http://www.loc.gov/rr/frd/Military_Law/pdf/06-2010.pdf

Here is the table of contents:

Foreword

Lieutenant Colonel Jeff A. Bovarnick ………………………………………………………………………………………………………………………….. 1

New Developments

International and Operational Law ……………………………………………………………………………………………………………………….. 4

Criminal Law ……………………………………………………………………………………………………………………………………………………….. 4

Lore of the Corps

Indians as War Criminals? The Trial of Modoc Warriors by Military Commission

Fred L. Borch III ………………………………………………………………………………………………………………………………………………………………… 7

Articles

Detainee Review Boards in Afghanistan: From Strategic Liability to Legitimacy

Lieutenant Colonel Jeff A. Bovarnick ……………………………………………………………………………………………………………………….. 9

Teaching a Law of War Seminar Class

Major J. Jeremy Marsh, USAF ………………………………………………………………………………………………………………………………. 50

Human Rights: Time for Greater Judge Advocate Understanding

Captain Brian J. Bill, USN …………………………………………………………………………………………………………………………………… 54

Doctrine Developments on Stability Operations and the Rule of Law

Lieutenant Colonel J. Porter Harlow, USMC ……………………………………………………………………………………………………………… 65

Two Hats Are Better Than One: The Dual-Status Commander in Domestic Operations

Colonel John T. Gereski & Lieutenant Colonel Christopher R. Brown ……………………………………………………………………………… 72

How White Phosphorous Use Is “Incendiary” for Counterinsurgency Operations

Major Shane R. Reeves ………………………………………………………………………………………………………………………………………… 84

The Law and Policy Implications of “Baited Ambushes” Utilizing Enemy Dead and Wounded

Lieutenant Colonel Chris Jenks ……………………………………………………………………………………………………………………………… 91

Reporting and Investigation of Possible, Suspected, or Alleged Violations of the Law of War

Dick Jackson …………………………………………………………………………………………………………………………………………………….. 95

The Capture Versus Kill Debate: Is the Principle of Humanity Now Part of the Targeting Analysis

When Attacking Civilians Who Are Directly Participating in Hostilities?

Major Richard S. Taylor ……………………………………………………………………………………………………………………………………… 103

Conflict Classification and Detainee Treatment in the War Against al Qaeda

Ensign Scott L. Glabe, USNR ……………………………………………………………………………………………………………………………….. 112

Lead Author

Robert M. Chesney
Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.
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