In 2003, the United States led a Coalition force into Iraq to depose Saddam Hussein 's repressive Ba 19ath Party regime. Under the provisions of the Hague Regulation of 1907, the Coalition became an occupying power with all of the attendant rights...
This monograph directly addresses the problem posed when considering the question 'Who says what right is?' or 'Justice according to whom?' The relative nature of the term 'justice' creates a problem for military ethics, particularly when soldiers...
This study compares the system of military justice that existed during World War II with the present system. As a basis for comparison a framework is established which looks at three different aspects of the military justice system. The first...
Reconciliation remains an elusive concept in both domestic and international contexts as well as academic and governmental contexts. The military role in reconciliation remains even more elusive. As such, this monograph seeks to clarify what the...
This study on legal affairs in Germany details the administration of justice in Germany (development of the court system) and the Reich Ministry of Justice. Other topics include the bar, German criminal law and procedure (sources of criminal law,...
The terrorist groups in Colombia have applied Mao’s theory of protracted people’s war, seeking to use all available means of struggle to achieve their revolutionary goals by counteracting government policy. One way that Fuerzas Armadas...
A key requirement of military forces following major hostilities is to reestablish security. Lasting security can only be achieved with the restoration of civil authority, the reestablishment of the rule of law, and the institutions that uphold the...
Research into methods for defeat of an ideology suggest that three areas must be considered when attacking an ideology legitimacy, reeducation, and economy. But the deeper problem of fear must be addressed before they can be addressed. Reduction...
This is a study of the present puppet government in the Philippines. The origins of the government, the constitutional basis upon which it rests, the structural outlines of the Office of President, of the Assembly, and of the Judiciary, the conduct...
This study on legal affairs in Japan describes the general structure in the Japanese government, i.e., the relationships among the judicial, executive, and legislative functions. The following subjects include the Ministry of Justice, judicial...
The purpose of this monograph is to discuss the presence of law at a particular time and in a particular American command in Vietnam. The U.S. Military Assistance Command, Vietnam, is the main focus, and the years 1964-1966 as the primary period of...
Actions taken or not taken by law enforcement agencies, in ungoverned spaces reduce US ability to forestall hostile actions on US soil. The current organization of the United States civil authorities and their limitations to impact "Ungoverned...
Since the horrific attacks of September 11, 2001, the nation has seen the largest expansion and reorganization of government since the National Security Act of 1947, transforming the nation’s homeland security system around, amongst other things,...
Transitions in post-conflict environments from the means of violence to representative compromise are extraordinarily complex and fraught with risk. They require significant vision, planning, and detailed interaction among a wide variety of...
Prior to President Obama halting all ongoing military commissions, the United States charged six Guantanamo Bay prisoners with capital crimes. Further, his latest policy directive for new military commission rules has not excluded the death penalty...
Examines the special court-martial and the summary court-martial. Questions whether there is a burden placed on special and summary courts that they are not equipped to accept.
The Central Intelligence Agency is involved in a targeted killing program which the United States Government employs in its war on global terrorism. This program identifies terrorists and those facilitating terrorist activities and initiates lethal...
Starting in 1991, a consortium of criminologists, social psychologists, and law school professors began researching how jurors in capital cases come to their decisions. This body of work, called the Capital Jury Project (CJP), found several trends...
The monograph provides an in-depth analysis of the structural and ideological causes of Naxalism in India. Naxalism besides being a socio-economic problem is also politico-ideological response to the growing inequality in the Indian society....