Looting and pillaging have been an aspect of warfare for millennia. Art theft, antiquities looting, and artifact trafficking is both profitable and easy, especially in countries where much of the ancient world is not yet excavated. This trade has served to fund many syndicates around the world over the last century, most recently becoming the main monetary support for terrorism.
In this note, Victoria Maatta argues that the US should help to combat the artifacts trade stemming from ISIL activities. She surveys the current caselaw and finds the standards that art and antiquities purchasers must abide by are unclear and current legal treatment of these issues ultimately does nothing to thwart illicit art trafficking.
Instead, Maatta proposes a more focused legal approach to the issue that prioritizes due diligence on the part of the purchaser and has the primary goal of ensuring the protection and proper ownership of the antiquities.
While the international community generally considers mass migrant population flows across nation-states a primarily humanitarian crisis, Aaron Petty argues that it is often an intentional tool of aggression used by nation-states. The weaponization of migrants is the instrumentalization of population flows through both the threat and the actual migration of people into the territory of a target state. Use of migrants as a weapons system has a long history of being employed by nation-states as an act of aggression to obtain strategic foreign policy objectives.
In this article, Petty suggests that the weaponization of migrants is likely to increase against the United States and its allies, particularly where the current geopolitical environment of strategic competition between large powers is playing out below the level of armed conflict. Petty argues that weaponization of migrants could be deemed a violation of international law relating to armed conflict, and the United States should advocate that such tactics are not legally permissible and may justify legitimate retaliation to deter such weaponization.
The COVID-19 pandemic has brought new attention to what many familiar with Guantánamo Bay have known for years: the military prison lacks the infrastructure, expertise, and equipment to manage and address emergent health issues, including a serious viral outbreak.
In this article, defense attorney and former Judge Advocate in the US Air Force Annie Morgan discusses the unique issues complicating detainee medical care, such as the age and health of detainees, the military’s lack of adequate equipment and personnel for COVID-19, and the domestic law prohibiting the transfer of detainees to the United States for medical treatment.
Morgan then highlights three solutions to address the inadequate medical care available to detainees, both during the COVID-19 pandemic and afterward. First, that there should be increased virtual contact between detainees and their lawyers and NGO representatives. Second, that there should be more agile deployment capabilities for specialist personnel and equipment. And finally, that the military should develop a transport plan for emergency medical treatment, either by pursuing congressional carve-outs from the general domestic ban, or by working with third-party countries to provide treatment.