Commissions Impossible: How Can Future Military Commissions Avoid the Failures of Guantanamo?

Aaron Shepard endeavors to examine the roots of the failures of the Guantanamo military commissions and suggest potential solutions to remedy them. His paper begins with an introduction to the concept of military commissions, including a brief overview of their historic utilization and import. It then provides a detailed background on Guantanamo Bay, covers the… Continue reading Commissions Impossible: How Can Future Military Commissions Avoid the Failures of Guantanamo?

Lawfare and Sea Power: A Historical Perspective

Four hundred years ago, the United East India Company hired Hugo Grotius, who would later be memorialized as the “father of international law,” to legitimize Dutch sea power in the South China Sea. Dennis Harbin illustrates that Grotius and the legal defense he crafted would have major implications for competition between democracies and autocracies centuries… Continue reading Lawfare and Sea Power: A Historical Perspective

The Case for Attempted Perfidy: An “Attempt” to Enhance Deterrent Value

Mitigating the risk of deliberate attacks against civilians and other individuals protected by international humanitarian law is among the most fundamental objectives of international legal regulation of armed conflicts. Central to this risk mitigation is the categorical prohibition against deliberately attacking civilians and other protected individuals (unless and for such time as they directly participate… Continue reading The Case for Attempted Perfidy: An “Attempt” to Enhance Deterrent Value