Prisoners of War and combatants were investigated in order to define each and to present the
United States definition and policy on both. Prisoners of War (POWs) are easily defined by the
Geneva Conventions and the United States and are treated...
A defining guideline of ethical rules regarding the treatment of POWs, the Geneva Convention was binding to not just the United States but to 192 other nations into civil and humane treatment. The Geneva Convention clearly states “No physical or...
This study examines the legal authority of military police to conduct law enforcement activities in relation to civilians at military installations in the United States. The examination focuses on the lack of statutory arrest power and the legal...
Early in the history of the Republic, the delegates to the Constitutional Convention and the members of the subsequent Congresses understood that the President required power to execute the laws of the land. Under authority of the Militia Clause,...
During Operation IRAQI FREEDOM I (OIF I), U.S. soldiers waged a desperate war against a growing insurgency. Mounting U.S. casualties became the catalyst for a hidden "war within the war." Arrayed on one side of this secret conflict were leaders who...
Prisons and detention centers are recruiting grounds for radical Islamists. The National Military Strategic Plan for the War on Terrorism Campaign Plan does not sufficiently develop a strategy to counter the violent Islamic ideologies in order to...
The purpose of this paper is to provide information to the future Command Sergeant Major regarding unlawful command influence and its effects. Many Command Sergeants Major face the dilemma of what they can and cannot say as it relates to judicial...
As of November 2006, the United States (US) military maintains custody of over 15,000 detainees at four theater interment facilities and one strategic internment facility. With such large populations, there are significant risks of creating radical...
The United States Navy has always considered combating piracy a mission and responsibility under international law and tradition. Recently, the importance of this mission has increased markedly. There are two reasons for this. First, the increase...
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...
Is the targeted killing of United States citizens legal? There are two competing models which address the legality of targeted killings: the law-enforcement model and the armed-conflict model. This paper examines arguments for and against each...
Current training of Soldiers on handling detainees is very proscriptive in terms of what actions may or may not be taken. Far less time is spent on how to deal with unlawful orders, although Soldiers are told to refuse to follow one should they...
The Korean people are exposed to diverse threats from terrorist organizations at home and abroad despite the government‘s recently increased efforts to cope with terrorist threats. The 9/11 attacks were an important turning point in terrorism and...
Regulations and field manuals governs the Army. Anything we do while wearing the uniform is measured by assigning it a task, conditions, and standard. Being professional and disciplined is what separates us from civilians. Leadership drives the...
Anytime the use of US Armed Forces in support of civil authorities is considered, government and military leaders, pundits, and citizens reflexively turn to the Posse Comitatus Act for guidance. Since 9/11, the US Armed Forces face an increased...
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...
Since the end of the Cold War the British Army has been involved in crowd control operations outside the national boundaries of the United Kingdom. The recent deployments to Iraq and Afghanistan have caused the traditional British approach of...