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8 I 11 3 Micitary P E -c Law r xeview [1 N Y+ 0 THE SIXTEENTH ANNUAL EDWARD H. 9+ N YOUNG LECTURE: A BICENTENNIAL VIEW 0 OF MILITARY-CIVILIAN RELATIONS Donald N. Zillman LEGAL SERVICES DURING WAR Colonel Ted B. Borek NEW PROTECTIONS FOR VICTIMS OF INTERNATIONAL ARMED CONFLICTS: THE PROPOSED RATIFICATION OF PROTOCOL 11 BY THE UNITED STATES Captain Daniel Smith THE RIGHT TO A FAIR TRIAL IN CRIMINAL CASES INVOLVING THE INTRODUCTION OF CLASSIFIED INFORMATION $ Major Christopher M. Maher C c1m UNITED STATES V. KUBRICK: SCOPE AND € APPLICATION Major Carl M. Wagner RECENT REFORMS IN DIVORCE TAXATION: FOR BETTER OR FOR WORSE? Major Bernard P. Ingold BOOK REVIEW PUBLICATION NOTES Volume 120 Spring 1988 Pamphlet HEADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-120 Washington, D.C., Spring 1988 MILITARY LAW REVIEW-VOL. 120 The Military Law Review has been published quarterly at The Judge Advocate General’s School, U.S. Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference will be given to those writings having lasting value as reference material for the military lawyer. The Review encourages frank discussion of relevant legislative, administrative, and judicial developments. EDITORIAL STAFF MAJOR THOMAS J. FEENEY, Editor MS. EVA F. SKINNER, Editorial Assistant SUBSCRIPTIONS: Private subscriptions may be purchased from the Superintendent of Documents, United States Government Print- ing Office, Washington, D.C. 20402. Publication exchange subscrip- tions are available to law schools and other organizations that publish legal periodicals. Editors or publishers of such periodicals should ad- dress inquiries to the Editor of the Review. Inquiries concerning subscriptions for active Army legal offices, other federal agencies, and JAGC officers in the‘ ARNGUS not on active duty should be addressed to the Editor of the Review. The editorial staff uses address tapes furnished by the US. Army Reserve Personnel Center to send the Review to JAGC officers in the USAR; Reserve judge advocates should promptly inform the Reserve Person- nel Center of address changes. Judge advocates of other military departments should request distribution from their service’s publi- cation channels. CITATION: This issue of the Review may be cited as 120 Mil. L. Rev. (number of page) (1988). Each quarterly issue is a complete, separately numbered volume. POSTAL INFORMATION: The Military Law Review (ISSN 0026- 4040) is published quarterly at The Judge Advocate General’s School, i US. Army, Charlottesville, Virginia 22903-1781. Second-class post- age paid at Charlottesville, Virginia and additional mailing offices. POSTMASTER: Send address changes to Military Law Review, The Judge Advocate General’s School, US. Army, Charlottesville, Vir- ginia 22903-1781. INDEXING: The primary Military Law Review indices are volume 91 (winter 1981) and volume 81 (summer 1978). Volume 81 included all writings in volumes 1through 80, and replaced all previous Review indices. Volume 91 included writings in volumes 75 through 90 (ex- cluding Volume 811, and replaced the volume indices in volumes 82 through 90. Volume indices appear in volumes 92 through 95, and were replaced by a cumulative index in volume 96. A cumulative index for volumes 97-101 appears in volume 101, and a cumulative index for volumes 102-111 appears in volume 111. Military Law Review articles are also indexed in A Bibliography of Contents:Political Scienceand Government;Legal Contents (C.C.L.P.); Index to Legal Periodicals; Monthly Catalog of United States Gouern- ment Publications; Index to U.S. Government Periodicals; Legal Re- sources Index; three computerized data bases, the Public Affairs In- formation Service, The Social Science Citation Index, and LEXIS; and other indexing services. Issues of the Military Law Review are repro- duced on microfiche in Current US.Government Periodicals on Mi- crofiche, by Infordata International Inc., Suite 4602, 175 East Dela- ware Place, Chicago, Illinois 60611. .. 1F MILITARY LAW REVIEW TABLE OF CONTENTS Title Page The Sixteenth Annual Edward H. Young Lecture: A Bicentennial View of Military-Civilian Relations Donald N. Zillman ........................................... 1 Legal Services During War Colonel Ted B. Borek ....................................... 19 New Protections for Victims of International Armed Conflicts: The Proposed Ratification of Protocol I1 by the United States Captain Daniel Smith ....................................... 59 The Right to a Fair Trial in Criminal Cases Involving the Introduction of Classified Information Major Christopher M. Maher ............................... 83 United States u. Kubrick: Scope and Application Major Carl M. Wagner ...................................... 139 Recent Reforms in Divorce Taxation: For Better or For Worse? Major Bernard P. Ingold .................................. 203 Book Reviews ..................................................... 239 Publication Notes ................................................. 241 iii SUBMISSION OF WRITINGS: Articles, comments, recent development notes, and book reviews should be submitted typed in duplicate, double-spaced, to the Editor, Military Law Reuiew, The Judge Advocate General’s School, U.S. Army, Charlottes- ville, Virginia 22903-1781. Footnotes also must be typed double-spaced and should appear as a separate appendix at the end of the text. Footnotes should be numbered consecutively from the beginning to end of a writing, not chapter by chapter. Citations should conform to the Uniform System of Citation (14th ed. 19861, copyrighted by the Columbia, Haruard, and Uni- versity of Pennsylvania Law Reviews and the Yale Law Journal, and to A Uniform System of Military Citation (TJAGSA Oct. 19841 (available through the Defense Tech- nical Information Center, ordering number AD B088204). Masculine pronouns ap- pearing in the text will refer to both genders unless the context indicates another use. Typescripts should include biographical data concerning the author or authors. This data should consist of grade or other title, present and immediate past positions or duty assignments, all degrees, with names of granting schools and years received, bar admissions, and previous publications. If the article was a speech or was prepared in partial fulfillment of degree requirements, the author should include date and place of delivery of the speech or the source of the degree. EDITORIAL REVIEW: The Editorial Board of the Military Law Review consists of the Deputy Commandant of The Judge Advocate General’s School; the Director, De- velopments, Doctrine, and Literature Department; and the Editor of the Reuiew. They are assisted by instructors from the teaching divisions of the School’s Academic De- partment. The Board submits its recommendations to the Commandant, TJAGSA, who has final approval authority for writings published in the Reuiew. The Military Law Reuiew does not purport to promulgate Department of the Army policy or to be in any sense directory. The opinions and conclusions reflected in each writing are those of the author and do not necessarily reflect the views of The Judge Advocate General or any governmental agency. The Board will evaluate all material submitted for publication. In determining whether to publish an article, note, or book review, the Board will consider the item’s substantive accuracy, comprehensiveness, organization, clarity, timeliness, originality, and value to the military legal community. There is no minimum or maximum length require- ment. When a writing is accepted for publication, a copy of the edited manuscript will generally be provided to the author for prepublication approval. Minor alterations may be made in subsequent stages of the publication process without the approval of the author. Because of contract limitations, neither galley proofs nor page proofs are pro- vided to authors. Reprints of published writings are not available. Authors receive complimentary copies of the issues in which their writings appear. Additional copies are usually available in limited quantities. They may be requested from the Editor of the Retiew. BACK ISSUES: Copies of recent back issues are available to Army legal offices in limited quantities from the Editor of the Reuiew. Bound copies are not available and subscribers should make their own arrangements for binding if desired. REPRINT PERMISSION: Contact the Editor, Military Law Reuiew, The Judge Ad- vocate General’s School, U.S. Army, Charlottesville, Virginia 22903-1781. iv THE SIXTEENTH ANNUAL EDWARD H. YOUNG LECTURE A BICENTENNIAL VIEW OF MILITARY- CIVILIAN RELATIONS by Donald N. Zillman The Judge Advocate General’s Corps has been fortunate to have a series of outstanding officers and attorneys leading the Corps through the years. The Edward H. Young Chair of Legal Education, established at The Judge Advocate Gener- al’s School in 1972, recognizes Colonel “Ham” Young’s con- tribution to the establishment of the first JAG School during World War II and the reestablishment of the School at Fort Myer during the Korean conflict. Colonel Young graduated from the United States Military Academy in 1918, with a commission as a second lieutenant, Infantry. He served with the Army of Occupation in Europe after
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