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Where Personal Opinion and Unlawful Command Influence Collide

By   /  November 20, 2016  /  National Security Law, National Security Law & Policy, News & Events, Pending Cases, UCMJ  /  No Comments

By Jennifer Goss In August 2016, Sergeant (Sgt.) Bowe Bergdahl’s defense team filed a motion to dismiss all charges against him, claiming that Senator John McCain made comments that could unlawfully influence Bergdahl’s case and impact his right to due process. Sgt. Bergdahl was charged in 2015 with desertion and misbehavior before the enemy after […]

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Establishing A Legal Framework to Hold Private Security Contractors Accountable

By   /  February 7, 2013  /  Featured, International Law, Laws of War / International Humanitarian Law, National Security Law, National Security Law & Policy, UCMJ  /  No Comments

Ever since the Vietnam War, the US has increasingly relied on private contractors to support overseas military efforts. Private contractors are hired by a variety of military and federal agencies to assist with logistics, military personnel services, and security operations and are seen by many, especially the populations of the countries they are operating in, […]

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CEJA: An Attempt to Clarify Federal Jurisdiction for Civilian Contractors who Commit Crimes Overseas

By   /  December 25, 2012  /  Laws of War / International Humanitarian Law, UCMJ  /  No Comments

The general rule is that contractors protect and mercenaries fight. Usually, contractors are not trained by their companies. Most have military backgrounds. They must meet a contract requirement before the United States can train them. Contractors working with the U.S. military are designated as noncombatants who have no combat immunity under international law if they […]

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The Necessity of a Federal Law for the Prosecution of Foreign Combatants

By   /  December 21, 2012  /  Counterterrorism, Global War on Terror, International Law, Laws of War / International Humanitarian Law, National Security Law, National Security Law & Policy, Terrorist Trials, Trending Topics, UCMJ  /  No Comments

The trend of warfare in the last century speaks to future conflicts continuing to be less traditional and involving questions that are perhaps not adequately addressed by the Geneva Conventions and the laws of war. Two such questions, how to detain non-state fighters and how to prosecute them, are already being grappled with in the […]

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Sex and the Military: the Problems the Tabloids Aren't Talking About

By   /  November 23, 2012  /  News & Events, Pending Cases, Trending Topics, UCMJ  /  No Comments

This Veteran’s Day, the biggest news story about the military was the resignation of CIA Director and retired General David Petraeus in the wake of his affair with his biographer, Paula Broadwell. But though more salacious details keep coming out, this story only serves to distract us from a huge problem going on in the […]

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