DOCSLIB.ORG

Law of War Deskbook, 2011

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Law of War Deskbook, 2011 LAW OF WAR DESKBOOK INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT The United States Army Judge Advocate General’s Legal Center and School Charlottesville, VA 2011 International Law Private Law Public Law (conflict of laws, commercial) (intergovernmental) Law of War Law of Peace Conflict Management Rules of Hostilities Jus ad Bellum Jus in Bello U.N. Charter Hague Conventions Arms Control Geneva Conventions Customary Law Customary Law INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT THE JUDGE ADVOCATE GENERAL‘S LEGAL CENTER AND SCHOOL, U.S. ARMY CHARLOTTESVILLE, VIRGINIA LAW OF WAR DESKBOOK Authors LTC Jeff A. Bovarnick, JA, USA LtCol(Sel.) J. Jeremy Marsh, USAF MAJ Gregory S. Musselman, JA, USA LCDR John B. Reese, JA, USN MAJ Shane R. Reeves, JA, USA MAJ Robert E. Barnsby, JA, USA MAJ Sean M. Condron, JA, USA Maj Andrew D. Gillman, JA, USAF Capt Iain Pedden, JA, USMC All of the faculty who have served with and before us and contributed to the literature in the field of the Law of War Editor MAJ Gregory S. Musselman Technical Support Ms. Terri Thorne Mr. Gabriel Park 2011 PREFACE This Law of War Deskbook is intended to replace, in a single bound volume, similar individual outlines that had been distributed as part of the Judge Advocate Officer Graduate and Basic Courses and the Operational Law of War Course. Together with the Operational Law Handbook and Law of War Documentary Supplement, these three volumes represent the range of international and operational law subjects taught to military judge advocates. These outlines, while extensive, make no pretence of comprehensively covering this complex area of law. Our audience is the beginning and intermediate level practitioner; our hope is that this material will provide a solid foundation upon which further study may be built. The proponent of this publication is the International and Operational Law Department, The Judge Advocate General’s Legal Center and School (TJAGLCS). Send comments and suggestions to TJAGLCS, International and Operational Law Department, 600 Massie Road, Charlottesville, VA 22903-1781. Our phone number is (434) 971-3370; our administrative assistant will connect you with the author for the particular chapter. This Deskbook is not a substitute for official publications. Similarly, it should not be considered to espouse an “official” position of the U.S. Army, Department of Defense, or U.S. Government. While every effort has been made to ensure that the material contained herein is current and correct, it should be remembered that these are merely a collection of teaching outlines, collected, bound, and distributed as a matter of instructional convenience, intended only to introduce students to the law and point them to primary sources of that law. Accordingly, the only proper citation to a substantive provision of this Deskbook should be for the limited proposition of how the Army JAG School teaches its judge advocate students. ii INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER AND SCHOOL CHARLOTTESVILLE, VIRGINIA LAW OF WAR DESKBOOK TABLE OF CONTENTS References iv Abbreviations vi Introduction to Public International Law 1 History of the Law of War 7 Framework of the Law of War 19 Legal Basis for the Use of Force 31 GC I: Wounded and Sick in the Field 43 GC III: Prisoners of War 71 GC IV: Civilians on the Battlefield 101 GC IV: Occupation and Post-Conflict Governance 113 Means and Methods of Warfare 139 War Crimes and Command Responsibility 179 Human Rights 205 Comparative Law 221 Index 257 iii Table of Contents REFERENCES This Deskbook is intended as a teaching tool, not as a collection of law review articles. The references which most chapters cite are common, so to avoid undue repetition, they are cited only here in full. The Short Version citation will generally be used in the chapters. Those references which are reprinted in the Law of War Documentary Supplement are noted. Doc Short Version Citation Supp? HR Regulations Concerning the Laws and Customs of War on Land, X annexed to Hague Convention ( IV) Respecting the Laws and Customs of War on Land, Oct. 18, 1907, T.S. 539 . GC I Geneva Convention for the Amelioration of the Condition of the X Wounded and Sick in Armed Forces in the Field, Aug. 12, 1949, 6 UST. 3114, T.I.A.S. 3362, 75 U.N.T.S. 31. GC II Geneva Convention for the Amelioration of the Condition of X Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, Aug. 12, 1949, 6 UST. 3217, T.I.A.S. 3363, 75 U.N.T.S. 85. GC III Geneva Convention, Relative to the Treatment of Prisoners of War, X Aug. 12, 1949, 6 UST. 3316, T.I.A.S. 3364, 75 U.N.T.S. 135. GC IV Geneva Convention, Relative to the Treatment of Civilian Persons X in Time of War, Aug. 12, 1949, 6 UST. 3516, T.I.A.S. 3365, 75 U.N.T.S. 287. AP I Protocol Additional to the Geneva Conventions of 12 August 1949, X and Relating to the Protection of Victims of International Armed Conflicts, June 8, 1977, 1125 U.N.T.S. 3. AP II Protocol Additional to the Geneva Conventions of 12 August 1949, X and Relating to the Protection of Victims of Non-International Armed Conflicts, June 8, 1977, 1125 U.N.T.S. 609. AP III Protocol Additional to the Geneva Conventions of 12 August 1949, X and Relating to the Adoption of an Additional Distinctive Emblem, Dec. 8, 2005. iv References Doc Short Version Citation Supp? GC I Commentary INTERNATIONAL COMMITTEE OF THE RED CROSS, GENEVA GC II Commentary CONVENTION (I) FOR THE AMELIORATION OF THE CONDITION OF etc. THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD: COMMENTARY (Jean Pictet gen. ed., 1958). AP Commentary INTERNATIONAL COMMITTEE OF THE RED CROSS, COMMENTARY ON THE ADDITIONAL PROTOCOLS OF 8 JUNE 1977 TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 (Yves Sandoz et al. eds., 1987). G.BC Protocol for the Prohibition of the Use in War of Asphyxiating, X Poisonous, or Other Gases, and of Bacteriological Methods of Warfare, June 17, 1925, 26 UST. 571, 94 L.N.T.S. 65. CWC Convention on the Prohibition of the Development, Production, X Stockpiling and Use of Chemical Weapons and on Their Destruction, Jan. 13, 1993, 32 I.L.M. 800. H.CP 1954 Hague Convention for the Protection of Cultural Property in X the Event of Armed Conflict, May 14, 1954, 249 U.N.T.S. 216. 1972 BW Convention on the Prohibition of the Development, Production and X Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, Apr. 10, 1972, 26 UST. 583. CCW Convention on Prohibitions or Restrictions of the Use of Certain X Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, Oct. 10, 1980, 19 I.L.M. 1523. FM 27-10 DEP'T OF THE ARMY, FIELD MANUAL 27-10, THE LAW OF LAND X WARFARE (July 1956). NWP 1-14M DEP'T OF THE NAVY, NAVAL WARFARE PUBLICATION 1-14M/U.S. MARINE CORPS MCPW 5-2.1, THE COMMANDER'S HANDBOOK ON THE LAW OF NAVAL OPERATIONS (October 1995). v References ABBREVIATIONS AP I ....................................................Additional Protocol I AP II ...................................................Additional Protocol II AP III .................................................Additional Protocol III CIL .....................................................Customary International Law CJCS ..................................................Chairman of the Joint Chiefs of Staff GC I ....................................................Geneva Convention I GC II ..................................................Geneva Convention II GC III .................................................Geneva Convention III GC IV .................................................Geneva Convention IV HR ......................................................Hague Regulations IAC .....................................................International Armed Conflict ICJ ......................................................International Court of Justice ICRC ..................................................International Committee of the Red Cross IHL .....................................................International Humanitarian Law JA .......................................................Judge Advocate LOAC .................................................Law of Armed Conflict LOW ..................................................Law of War NIAC ..................................................Non-international Armed Conflict POW ...................................................Prisoner of War RCA ...................................................Riot Control Agents ROE....................................................Rules of Engagement SROE .................................................Standing Rules of Engagement UN ......................................................United Nations UNSC .................................................United Nations Security Council UNSCR ..............................................United Nations Security Council Resolution vi Abbreviations INTRODUCTION TO PUBLIC INTERNATIONAL LAW I. OBJECTIVES A. Understand the foundation of the international legal system. B. Understand the primary sources of international law and how they are created and how they relate to each other. II. INTRODUCTION A. Military operations involve complex questions related to international law. International law provides the framework for informed operational decisions, establishes certain limitations on the scope and nature of command options, and imposes affirmative obligations related to the conduct of U.S. forces. Commanders rely on Judge Advocates to understand fundamental
Load more

Recommended publications
  • World War I Concept Learning Outline Objectives
    AP European History: Period 4.1 Teacher’s Edition World War I Concept Learning Outline Objectives I. Long-term causes of World War I 4.1.I.A INT-9 A. Rival alliances: Triple Alliance vs. Triple Entente SP-6/17/18 1. 1871: The balance of power of Europe was upset by the decisive Prussian victory in the Franco-Prussian War and the creation of the German Empire. a. Bismarck thereafter feared French revenge and negotiated treaties to isolate France. b. Bismarck also feared Russia, especially after the Congress of Berlin in 1878 when Russia blamed Germany for not gaining territory in the Balkans. 2. In 1879, the Dual Alliance emerged: Germany and Austria a. Bismarck sought to thwart Russian expansion. b. The Dual Alliance was based on German support for Austria in its struggle with Russia over expansion in the Balkans. c. This became a major feature of European diplomacy until the end of World War I. 3. Triple Alliance, 1881: Italy joined Germany and Austria Italy sought support for its imperialistic ambitions in the Mediterranean and Africa. 4. Russian-German Reinsurance Treaty, 1887 a. It promised the neutrality of both Germany and Russia if either country went to war with another country. b. Kaiser Wilhelm II refused to renew the reinsurance treaty after removing Bismarck in 1890. This can be seen as a huge diplomatic blunder; Russia wanted to renew it but now had no assurances it was safe from a German invasion. France courted Russia; the two became allies. Germany, now out of necessity, developed closer ties to Austria.
    [Show full text]
  • Undeclared War: Unmanned Drones, Human Rights and Collective Security
    Undeclared War: unmanned drones, human rights and collective security Susan Carolyn Breau, University of Reading/Mark Olssen, University of Surrey Drones constitute, as Barbara Ehrenreich notes, in her ‘Foreword’ to Medea Benjamin’s Drone Warfare: Killing by remote control, the “ultimate action-at-a-distance weapons, allowing the aggressor to destroy targets in Pakistan or Afghanistan while ‘hiding’ thousands of miles away in Nevada” (Ehrenreich, 2013, p. vii). Yet, as Ehrenreich continues, “it is hard to even claim that their primary use is ‘military’ in any traditional sense. Drones have made possible a programme of targeted assassinations that are justified by the US ‘war on terror’, but otherwise in defiance of both international and US law” (p. viii). She notes how Benjamin in her book documents impressively how “it is the CIA, not the Pentagon, that operates most drone strikes in Western Asia, with no accountability whatsoever. Designed targets…have been condemned without evidence or trial – at the will apparently, of the White House. And those who operate the drones do so with complete impunity for the deaths of any civilians who end up as collateral damage.” (p. viii) Although the technical expertise for producing drones was developed as early as the WWI, and although unmanned aerial vehicles were used for gathering intelligence and for reconnaissance during WWII and during the Vietnam and later Balkan wars, their adaptation to becoming lethal military vehicles for the purposes of attacking and destroying specified targets has taken place more recently. Although Abraham Karem assisted the Israeli’s in developing unmanned robots in the 1970s, and built the first Predator drone in his garage in Southern California in the early 1980s 1, the first official use in military conflict only occurred since 1999 with the NATO Kosovo intervention where unmanned robotic aircraft were adapted to carry missiles “transforming them from spy planes into killer drones” (Benjamin, p.
    [Show full text]
  • Introduction to the Warrior Ethos ■ 113
    8420010_VE1_p110-119 8/15/08 12:03 PM Page 110 Section 1 INTRODUCTION TO Values and Ethics Track Values THE WARRIOR ETHOS Key Points 1 The Warrior Ethos Defined 2 The Soldier’s Creed 3 The Four Tenets of the Warrior Ethos e Every organization has an internal culture and ethos. A true Warrior Ethos must underpin the Army’s enduring traditions and values. It must drive a personal commitment to excellence and ethical mission accomplishment to make our Soldiers different from all others in the world. This ethos must be a fundamental characteristic of the U.S. Army as Soldiers imbued with an ethically grounded Warrior Ethos who clearly symbolize the Army’s unwavering commitment to the nation we serve. The Army has always embraced this ethos but the demands of Transformation will require a renewed effort to ensure all Soldiers truly understand and embody this Warrior Ethos. GEN Eric K. Shinseki 8420010_VE1_p110-119 8/15/08 12:03 PM Page 111 Introduction to the Warrior Ethos ■ 111 Introduction Every Soldier must know the Soldier’s Creed and live the Warrior Ethos. As a Cadet and future officer, you must embody high professional standards and reflect American values. The Warrior Ethos demands a commitment on the part of all Soldiers to stand prepared and confident to accomplish their assigned tasks and face all challenges, including enemy resistance—anytime, anywhere. This is not a simple or easy task. First, you must understand how the building blocks of the Warrior Ethos (see Figure 1.1) form a set of professional beliefs and attitudes that shape the American Soldier.
    [Show full text]
  • The Relationship Between International Humanitarian Law and the International Criminal Tribunals Hortensia D
    Volume 88 Number 861 March 2006 The relationship between international humanitarian law and the international criminal tribunals Hortensia D. T. Gutierrez Posse Hortensia D. T. Gutierrez Posse is Professor of Public International Law, University of Buenos Aires Abstract International humanitarian law is the branch of customary and treaty-based international positive law whose purposes are to limit the methods and means of warfare and to protect the victims of armed conflicts. Grave breaches of its rules constitute war crimes for which individuals may be held directly accountable and which it is up to sovereign states to prosecute. However, should a state not wish to, or not be in a position to, prosecute, the crimes can be tried by international criminal tribunals instituted by treaty or by binding decision of the United Nations Security Council. This brief description of the current legal and political situation reflects the state of the law at the dawn of the twenty-first century. It does not, however, describe the work of a single day or the fruit of a single endeavour. Quite the contrary, it is the outcome of the international community’s growing awareness, in the face of the horrors of war and the indescribable suffering inflicted on humanity throughout the ages, that there must be limits to violence and that those limits must be established by the law and those responsible punished so as to discourage future perpetrators from exceeding them. Short historical overview International humanitarian law has played a decisive role in this development, as both the laws and customs of war and the rules for the protection of victims fall 65 H.
    [Show full text]
  • EURAMERICA Vol
    EURAMERICA Vol. 45, No. 1 (March 2015), 1-38 © Institute of European and American Studies, Academia Sinica http://euramerica.org Affect and History in Ninotchka Rosca’s State of War* Shu-ching Chen Department of Foreign Languages and Literatures National Chung Hsing University No. 250, Kuo Kuang Road, Taichung 40227, Taiwan E-mail: [email protected] Abstract Drawing upon cultural theories of affect, and Lauren Berlant’s concepts of affect and historiography, this paper examines the affective history of the nation in State of War, a novel by US-based Filipino writer Ninotchka Rosca, through an investigation of the linkages between historical events, everyday practices, imperial intimate encounters, and the formation of the affective subjects. The paper contends that the public events/history of the nation—war, colonialism, rule changes, institutional violence—invades and reshapes the characters in their everyday lives, and positions them not as national subjects but affective subjects. Historically, under conditions of imperial intimacy, Received March 19, 2014; accepted December 15, 2014; last revised October 28, 2014 Proofreaders: Pei-Yun Lee, Pi-Mei Lin, Fang-Yi Chen * This paper is based on the findings of a research project (NSC 99-2410-H-005- 006-MY2) funded by National Science Council (Ministry of Science and Technology since 2014) in Taiwan. The author wishes to thank the two anonymous reviewers for their careful reading and constructive revised suggestions. 2 EURAMERICA transcendental power is folded into the immanent plane of everyday life, creating emotions such as shame, fear, and betrayal in the subjects’ “intimate” encounters with colonizers and totalitarian regimes.
    [Show full text]
  • Law of Armed Conflict
    Lesson 1 THE LAW OF ARMED CONFLICT Basic knowledge International Committee of the Red Cross Unit for Relations with Armed and Security Forces 19 Avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org Original: English – June 2002 INTRODUCTION TO THE LAW OF ARMED CONFLICT BASIC KNOWLEDGE LESSON 1 [ Slide 2] AIM [ Slide 3] The aim of this lesson is to introduce the topic to the class, covering the following main points: 1. Background: setting the scene. 2. The need for compliance. 3. How the law evolved and its main components. 4. When does the law apply? 5. The basic principles of the law. INTRODUCTION TO THE LAW OF ARMED CONFLICT 1. BACKGROUND: SETTING THE SCENE Today we begin a series of lectures on the law of armed conflict, which is also known as the law of war, international humanitarian law, or simply IHL. To begin, I’d like to take a guess at what you’re thinking right now. Some of you are probably thinking that this is an ideal opportunity to catch up on some well-earned rest. “Thank goodness I’m not on the assault course or on manoeuvres. This is absolutely marvellous. I can switch off and let this instructor ramble on for 45 minutes. I know all about the Geneva Conventions anyway – the law is part of my culture and our military traditions. I really don't need to listen to all this legal ‘mumbo jumbo’.” The more sceptical and cynical among you might well be thinking along the lines of a very famous orator of ancient Rome – Cicero.
    [Show full text]
  • The King As Warrior in Samuel-Kings
    THE KING AS WARRIOR IN SAMUEL-KINGS by SAM MEIER The Ohio State University, Columbus, Ohio 43210 It is becoming increasingly complex to speak of the Deuteronomistic (Dtr) historians, the boundaries of their works, and the theological and historical issues of significance to them. Noth's assertion that the Dtr His­ tory was penned by a single historian using written sources is no longer widely accepted despite continued attempts to perceive a broad unity to the work. 1 The fracturing of the work's unity has multiplied the number of ancient Israelites who now bear the epithet Dtr with a distinguishing numeral (DtrL Dtr2) or letter (DtrH, DtrP, DtrN).2 Large blocks of mate­ i:ial within the history still lack a consensus as to origin: the narratives associated with David's rise to kingship, for example, are explained by a variety of source analyses. 3 Even the context and date of the succession history is suspect, with some even affirming that it is both post-Dtr and antimonarchic (Van Seters 1983, pp. 277-291). It is evident that considerable work remains to be done in identifying with confidence the varied trajectories of the Dtr work(s) (cf. Ackroyd, 1985, 301-305). The problem is further compounded by the numerous sources, whose content may (or may not) be related to the primary and changing interests of the Dtr historians. In a work of such broad scope encompassing diverse sociological, political and religious ideologies, identifying what is I. McKenzie (1991) presents with sensitive nuancing the most recent apologetic for Noth's basic thesis with appropriate modifications.
    [Show full text]
  • Female Patriotism in the Great War
    Female Patriotism in the Great War Professor Nicoletta F. Gullace, University of New Hampshire But the educated man’s sister – what does “patriotism” mean to her? – Virginia Woolf, Three Guineas (1938) While Virginia Woolf felt that “the educated man’s sister” lacked entirely his reasons for “being proud of England, for loving England, for defending England,” she had little choice but to concede that during World War I, such women threw themselves into the war effort with astonishing patriotic fervour. How, Woolf asked, can we explain “that amazing outburst in August 1914, when the daughters of educated men ... rushed into hospitals, some still attended by their maids, drove lorries, worked in fields and munitions factories, and used all their immense stores of charm ... to persuade young men that to fight was heroic, and that the wounded in battle deserved all her care and all her praise? ” Her answer lies in the visceral antipathy she believed middle class women felt towards their insular domestic education. “So profound was her unconscious loathing for the education of the private house ... that she would undertake any task however menial, exercise any fascination however fatal that enabled her to escape”(Woolf, p. 39). Woolf’s estimation of the motivations of women who threw themselves into war work contained more than a grain of truth. For many middle-class women the opportunity to escape the limitations of their sex roles by engaging in war work was irresistible. Yet for many of these same women, and for the thousands of working-class women who took up war work in munitions factories, in transportation industries, and on the land, the lure of wartime wages, along with a love of country shared with their men – however undeserving “England” may have been of such affection – motivated those who undertook the myriad of activities recorded in this unique collection of documents and photographs [Volunteer Corps 1-9].
    [Show full text]
  • Fm 6-27 Mctp 11-10C the Commander's Handbook on the Law of Land Warfare
    FM 6-27 MCTP 11-10C THE COMMANDER'S HANDBOOK ON THE LAW OF LAND WARFARE AUGUST 2019 DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. This publication supersedes FM 27-10/MCTP 11-10C, dated 18 July 1956. HEADQUARTERS, DEPARTMENT OF THE ARMY HEADQUARTERS, UNITED STATES MARINE CORPS Foreword The lessons of protracted conflict confirm that adherence to the law of armed conflict (LOAC) by the land forces, both in intern ational and non-international armed conflict, must serve as the standard that we train to and apply across the entire range of military operations. Adhering to LOAC enhances the legitimacy of our operations and supports the moral framework of our armed forces. We have learned th at we deviate from these norms to our detriment and risk undercutting both domesti c and international support for our operations. LOAC has been and remains a vital guide for all military operations conducted by the U.S. Governm ent. This fi eld manual provides a general description of the law of land warfare for Soldiers and Marines, delineated as statements of doctrine and practice, to gui de the land forces in conducting di sci plined military operations in accordance with the rule of law. The Department of Defense Law of War Manual (June 20 15, updated December 2016) is the authoritative statement on the law of war for the Department of Defense. In the event of a conflict or discrepancy regarding the legal standards addressed in this publication and th e DOD Law of War Manual, the latter takes precedence.
    [Show full text]
  • Civilians in Cyberwarfare: Conscripts
    Civilians in Cyberwarfare: Conscripts Susan W. Brenner* with Leo L. Clarke** ABSTRACT Civilian-owned and -operated entities will almost certainly be a target in cyberwarfare because cyberattackers are likely to be more focused on undermining the viability of the targeted state than on invading its territory. Cyberattackers will probably target military computer systems, at least to some extent, but in a departure from traditional warfare, they will also target companies that operate aspects of the victim nation’s infrastructure. Cyberwarfare, in other words, will penetrate the territorial borders of the attacked state and target high-value civilian businesses. Nation-states will therefore need to integrate the civilian employees of these (and perhaps other) companies into their cyberwarfare response structures if a state is to be able to respond effectively to cyberattacks. While many companies may voluntarily elect to participate in such an effort, others may decline to do so, which creates a need, in effect, to conscript companies for this purpose. This Article explores how the U.S. government can go about compelling civilian cooperation in cyberwarfare without violating constitutional guarantees and limitations on the power of the Legislature and the Executive. * NCR Distinguished Professor of Law and Technology, University of Dayton School of Law. ** Associate, Drew, Cooper & Anding, P.C., Grand Rapids, Michigan. 1011 1012 Vanderbilt Journal of Transnational Law [Vol. 43:1011 TABLE OF CONTENTS I. INTRODUCTION .............................................................
    [Show full text]
  • America's Undeclared Naval War
    America's Undeclared Naval War Between September 1939 and December 1941, the United States moved from neutral to active belligerent in an undeclared naval war against Nazi Germany. During those early years the British could well have lost the Battle of the Atlantic. The undeclared war was the difference that kept Britain in the war and gave the United States time to prepare for total war. With America’s isolationism, disillusionment from its World War I experience, pacifism, and tradition of avoiding European problems, President Franklin D. Roosevelt moved cautiously to aid Britain. Historian C.L. Sulzberger wrote that the undeclared war “came about in degrees.” For Roosevelt, it was more than a policy. It was a conviction to halt an evil and a threat to civilization. As commander in chief of the U.S. armed forces, Roosevelt ordered the U.S. Navy from neutrality to undeclared war. It was a slow process as Roosevelt walked a tightrope between public opinion, the Constitution, and a declaration of war. By the fall of 1941, the U.S. Navy and the British Royal Navy were operating together as wartime naval partners. So close were their operations that as early as autumn 1939, the British 1 | P a g e Ambassador to the United States, Lord Lothian, termed it a “present unwritten and unnamed naval alliance.” The United States Navy called it an “informal arrangement.” Regardless of what America’s actions were called, the fact is the power of the United States influenced the course of the Atlantic war in 1941. The undeclared war was most intense between September and December 1941, but its origins reached back more than two years and sprang from the mind of one man and one man only—Franklin Roosevelt.
    [Show full text]
  • The Massachusetts Antiwar Bill, by Anthony A
    Northwestern University School of Law Northwestern University School of Law Scholarly Commons Faculty Working Papers 1970 The aM ssachusetts Antiwar Bill Anthony D'Amato Northwestern University School of Law, [email protected] Repository Citation D'Amato, Anthony, "The asM sachusetts Antiwar Bill" (1970). Faculty Working Papers. Paper 126. http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/126 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Working Papers by an authorized administrator of Northwestern University School of Law Scholarly Commons. The Massachusetts Antiwar Bill, by Anthony A. D'Amato,* 42 New York State Bar Journal 639-649 (1970) Abstract: The Massachusetts Antiwar bill provides that no inhabitant of Massachusetts inducted into or serving in the armed forces “shall be required to serve” abroad in an armed hostility that has not been declared a war by Congress under Art. I, Sect. 8 of the United States Constitution. One could hardly imagine a more fundamental constitutional doubt arising in the mind of the American public than that of the legality of a major war. The purpose of the Massachusetts bill is purely and simply to obtain an authoritative judicial test of the constitutionality of an undeclared war. Tags: Massachusetts Antiwar Bill, Vietnam War, Massachusetts v. Laird, U.S. Constitution Article I Section 8, Prize Cases, Standing [pg639]** One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law, effective immediately, on the following day by Governor Francis W.
    [Show full text]