Author: Terry D. Gill,Dieter Fleck
Publisher: Oxford University Press
View: 2144The past decades have seen a remarkable development of military operations both within the United Nations collective security system and in other international settings. While traditional forms of military operations have been maintained and further developed, there have also been substantive developments, responding to new challenges for international security, the specific requirements of international and multinational cooperation, and legal regulation. Treaty law, customary law, and best practice relevant for military operations derive from various branches of international law which have to be applied in context. Cooperation between States and International Organizations has brought about a progressive development of applicable rules, and a requirement for legal control both at the national and international level. At the same time, the correct application of legal rules and best practice has become one of the benchmarks for the assessment of military operations and failure to meet appropriate standards can have significant military and political, as well as legal, implications. This makes the identification and correct application of these rules of crucial importance in the planning and conduct of all types of military operations. The absence of an all-encompassing set of regulations and the need to find specific solutions for tasks characterized by an interdependence of efforts have made a reassessment of this important part of international law both a timely and topical task. Renowned international lawyers have joined together in this project to offer their insight in the relevant principles and provisions. They address important rules for enforcement, peace enforcement, and peace operations, as well as for other military operations conducted within the context of self-defence and other possible legal bases for the use of force.
Army Lawyers in Southeast Asia, 1959-1975
Author: Frederic L. Borch III
View: 2163Although the first American soldiers arrived in Saigon in late 1950, the first Army judge advocate did not deploy to Vietnam until 1959, when Lt. Col. Paul J. Durbin reported for duty. From then until 1975 when Saigon fell and the last few U.S. military personnel left Vietnam, Army lawyers played a significant role in what is still America's "longest war." Judge Advocates in Vietnam: Army Lawyers in Southeast Asia (1959-1975) tells the story of these soldier-lawyers in headquarters units like the Saigon-based Military Assistance Advisory Group and Military Assistance Command, Vietnam (MACV). But it also examines the individual experiences of judge advocates in combat organizations like II Field Force, 1st Air Cavalry Division, and the 25th Infantry Division. Almost without exception, Army lawyers recognized that the unconventional nature of guerrilla warfare required them to practice law in new and non-traditional ways. Consequently, many judge advocates serving in Vietnam between 1959 and 1975 looked for new ways to use their talent and abilities -both legal and non-legal- to enhance mission success. While this was not what judge advocates today refer to as "operational law" -that compendium of domestic, foreign, and international law applicable to U.S. forces engaged in combat or operations other than war- the efforts of these Vietnam-era lawyers were a major force in shaping today's view that judge advocates are most effective if they are integrated into Army operations at all levels. Judge Advocates in Vietnam is not the first book about lawyering in Southeast Asia. On the contrary, Maj. Gen. George S. Prugh's Law at War, published in 1975, was the first look at what judge advocatesdid in Vietnam. General Prugh's monograph, however, focuses exclusively on legal work done at MACV. Similarly, Col. Fred Borch's Judge Advocates in Combat: Army Lawyers in Military Operations from Vietnam to Haiti has a chapter on law in Southeast Asia, but it is a very brief look at military lawyering in Vietnam. It follows that this new Combat Studies Institute publication is long overdue. Its comprehensive examination of judge advocates in Vietnam -who was there, what they did, and how they did it- fills a void in the history of the Army and the Judge Advocate General's Corps. At the same time, anyone who takes the time to read these pages will come away with a greater appreciation of what it was like to serve as a soldier -and an Army lawyer- in Vietnam. Thomas J. Romig Major General, U.S. Army The Judge Advocate General
Law, Policy, and Practice
Author: Shane R. Reeve
Publisher: Oxford University Press
Category: Military law
View: 8737In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.
Author: Fred L. Borch
Publisher: Oxford University Press
View: 8942From 1946 to 1949, the Dutch prosecuted more than 1000 Japanese soldiers and civilians for war crimes committed during the occupation of the Netherlands East Indies during World War II. They also prosecuted a small number of Dutch citizens for collaborating with their Japanese occupiers. The war crimes committed by the Japanese against military personnel and civilians in the East Indies were horrific, and included mass murder, murder, torture, mistreatment of prisoners of war, and enforced prostitution. Beginning in 1946, the Dutch convened military tribunals in various locations in the East Indies to hear the evidence of these atrocities and imposed sentences ranging from months and years to death; some 25 percent of those convicted were executed for their crimes. The difficulty arising out of gathering evidence and conducting the trials was exacerbated by the on-going guerrilla war between Dutch authorities and Indonesian revolutionaries and in fact the trials ended abruptly in 1949 when 300 years of Dutch colonial rule ended and Indonesia gained its independence. Until the author began examining and analysing the records of trial from these cases, no English language scholar had published a comprehensive study of these war crimes trials. While the author looks at the war crimes prosecutions of the Japanese in detail this book also breaks new ground in exploring the prosecutions of Dutch citizens alleged to have collaborated with their Japanese occupiers. Anyone with a general interest in World War II and the war in the Pacific, or a specific interest in war crimes and international law, will be interested in this book.
How the Us Military Transformed Combat Casualty Care in Iraq and Afghanistan
Author: Arthur L. Kellermann,Eric Elster,Borden Institute
Publisher: Government Printing Office
View: 8737Out of the Crucible: How the U.S. Military Transformed Combat Casualty Care in Iraq and Afghanistan edited by Arthur L. Kellermann, MD and MPH, and Eric Elster, MD is now available by the US Army, Borden Institute. This comprehensive resource, part of the renowned Textbooks of Military Medicine series, documents one of the most extraordinary achievements in the history of American medicine - the dramatic advances in combat casualty care developed during Operations Enduring Freedom and Operation Iraqi Freedom. Each chapter is written by one or more military health professionals who played an important role in bringing the advancement to America's military health system. Written in plain English and amply illustrated with informative figures and photographs, Out of the Crucible engages and informs the American public and policy makers about how America's military health system, devised, tested and widely adopted numerous inventions, innovations, technologies that collectively produced the highest survival rate from battlefield trauma in the history of warfare.
The Rule of Law in an American War
Author: William Thomas Allison
View: 7607A concise look at how military justice during the Vietnam War served the dual purpose of punishing U.S. solders' crimes and infractions while also serving the important role of promoting core American values democracy and rule of law to the Vietnamese."
New Challenges in Extended Counterinsurgency Warfare
Author: Norman M. Camp
Publisher: Government Printing Office
Category: Military psychiatry
View: 4158This book tells the mostly forgotten story of the accelerating mental health problems that arose among the troops sent to fight in South Vietnam, especially the morale, discipline, and heroin crisis that ultimately characterized the second half of the war. This situation was unprecedented in U.S. military history and dangerous, and reflected the fact that during the war America underwent its most divisive period since the Civil War and, as a result, the war became bitterly controversial. The author is a career Army psychiatrist who led a psychiatric unit in Vietnam. In the years following his return, he was dismayed to discover that the Army had conducted no formal review of this alarming situation, including from the standpoint of military psychiatry, and had lost or destroyed all of the pertinent clinical records. In addition to permitting a study of the psychological wounds and their treatment in Vietnam, these records would have been priceless in the treatment of the legions of veterans who presented serious adjustment problems and Post-traumatic Stress Disorder. As a consequence, Dr Camp has been relentless in combing the professional, civilian, and surviving military literature--including unpublished documents--to construct a compelling narrative documenting the successes and failures of Army psychiatry and the Army leadership in Vietnam in responding to these psychiatric and behavioral challenges. The result is a book that is both scholarly and intensely personal, includes vivid case material and anecdotes from colleagues who also served there, and is replete with illustrations and correspondence. It presents the story of Vietnam in a fresh manner--through the psychiatrist s eyes, and sensibilities."
Army Environmental Considerations for Contingency Operations from Planning Through Post-Conflict
Author: David E. Mosher,Beth E. Lachman,Michael D. Greenberg,Tiffany Nichols,Brian Rosen
Publisher: Rand Corporation
Category: Political Science
View: 768This study assesses whether Army policy, doctrine, and guidance adequately address environmental activities in post-conflict phases of contingencies. A review of policy, doctrine, operational experience, and documentation, as well as interviews with Army personnel, indicates that environmental concerns can have significant impacts. Recommendations are made for improving the Army?s approach to environmental issues in contingency operations.
Author: Françoise Bouchet-Saulnier
Publisher: Rowman & Littlefield Publishers
Category: Political Science
View: 6766Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
The Shoulders of Atlas
Author: Russell W. Glenn,Steven L. Hartman,Scott Gerwehr
Publisher: Minnesota Historical Society
View: 4522Operations in urban areas pose specific challenges for U.S. Army combat service support (CSS)--which is responsible for arming, manning, sustaining, and otherwise supporting these operations. This report gives an overview of these tasks and ways in which the CSS community can prepare itself to meet them. The authors conducted literature reviews and interviews, and they drew on extensive prior research. Findings fall into two broad categories: (1) functional-area specific, applying exclusively to arming, manning, sustaining, moving, fixing, force protection, and selected other areas; and (2) those with broader application. Under the latter, the limited availability of many CSS assets will encourage their central management. Commanders will therefore have to consider weighting front-line assets with such low-density assets or keeping them centralized for dispatch as needed. CSS resources will require the same command, control, and communications assets as do other units. Additionally, CSS drivers and others throughout the area of operations are a potentially vital and traditionally underused source of intelligence. Attrition and consumption rates tend to be much higher than is elsewhere experienced. Demands on CSS units will be exceptional even during operations in which combat plays no role.
U.S. Army Operational Logistics in Grenada, 1983
Author: Edgar F. Raines Jr
Publisher: St. John's Press
View: 6826On 25 October 1983 U.S. land, sea, and air forces, operating in conjunction with ground force contingents from several Caribbean countries, landed on the island nation of Grenada in the eastern Caribbean. Operation URGENT FURY, the code name for this intervention, marked the U.S. Army's first commitment to combat since the close of the Vietnam war. In point of fact, the amount of fighting was slight in comparison with other conflicts during the twentieth century, lacking both great intensity and long duration. The logistical effort required to move and sustain two ranger battalions and two brigades of the 82d Airborne Division, in contrast, was considerable and not without difficulty. The genesis, evolution, and eventual solution of the logistical problems, and especially their impact on combat operations on the island, make a fascinating story in their own right. These facets are particularly pertinent because of the likelihood that the Army will face other short-notice contingencies in the future in which the same or similar circumstances prevail. The Rucksack War: U.S. Army Operational Logistics in Grenada, 1983, provides an account of how Army logistics affected ground operations during the Grenada intervention and, in turn, how combat influenced logistical performance. Noteworthy is the emphasis on the role of individuals and the decisions they made based on the necessarily incomplete and sometimes misleading information available at the time during an unexpected and short-notice contingency operation. The narrative ranges from the meetings of the National Security Council, where the president grappled with the question of whether to send in troops, to the jungle environs of Grenada, where a sergeant in combat coped successfully with a Cuban ambush even though he and his men were handicapped by a lack of hand grenades. The considerations that influenced these decisions and others like them are discussed at all three levels of war-strategic, operational, and tactical. Most important, the author tells the story of the Army's operations and its logistical effort in Grenada from the joint perspective. He covers not only planning and decisionmaking by the Joint Chiefs of Staff, U.S. Atlantic Command, and Joint Special Operations Command but also coordination and communications, or lack thereof, between the service contingents in the area of operations. The result is a fascinating account of a complex event that provides insight into the myriad issues the Army encountered and will continue to face in future contingency operations. The author puts forth his conclusions on this brief but important campaign not as authoritative pronouncements but as a springboard for further professional reflection and discussion. Without question, for Army leaders, commanders, and especially logisticians, they offer instructive parallels and trenchant observations pertinent in today's complicated world.