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Volume 224 Issue 3 2016 ACADEMIC JOURNAL 27-100-224-3 MILITARY LAW REVIEW ARTICLES IVING EETH TO THE IGER OW THE OUTH HINA EA RISIS EMONSTRATES THE EED FOR G T T : H S C S C D N MILITARY LAW REVIEW LAW MILITARY REVISION TO THE LAW OF THE SEA Lieutenant Commander Aaron M. Riggio LEGAL ASPECTS OF USING FORCE AGAINST THE ISLAMIC STATE IN SYRIA AFTER RUSSIAN INTERVEN- TION Lieutenant Colonel (Retired) Ali Fuat Bahcavan WEAK LINK: TIME TO REFINE THE CONCEPT OF CRIMINAL CAUSATION IN THE MILITARY JUSTICE SYSTEM Major Aaron R. Inkenbrandt DEFENSE BUDGETS ARE LEAN, BUT WE CAN STILL GO GREEN: USING THIRD-PARTY FINANCING TO MEET THE PRESIDENT’S RENEWABLE ENERGY GOALS Major Samuel T. Miller ‘TIL DEATH DO US PART: A RECOMMENDATION TO MAKE DOMESTIC VIOLENCE AN ENU- MERATED ARTICLE IN THE UCMJ Major Faith R. Coutier VOLUME 224 • 2016 ADVANCING SHARED INTERESTS: THE CASE FOR A MARITIME SECURITY AGREEMENT WITH CUBA Lieutenant Commander Timothy N. Cronin MUTINY ON THE HIGH C: HOW THE ARMED FORCES REGULATE AND CRIMINALIZE SER- VICEMEMBER SPEECH ONLINE Major Michelle E. Borgnino Academic Journal 27-100-224-3 Military Law Review Volume 224 Issue 3 2016 CONTENTS Articles Giving Teeth to the Tiger: How the South China Sea Crisis Demon- strates the Need for Revision to the Law of the Sea Lieutenant Commander Aaron M. Riggio 597 Legal Aspects of Using Force against the Islamic State in Syria after Russian Intervention Lieutenant Colonel (Retired) Ali Fuat Bahcavan 639 Weak Link: Time to Refine the Concept of Criminal Causation in the Military Justice System Major Aaron R. Inkenbrandt 665 Defense Budgets are Lean, But We Can Still Go Green: Using Third- Party Financing to Meet the President’s Renewable Energy Goals Major Samuel T. Miller 692 ‘til Death Do Us Part: A Recommendation to Make Domestic Violence an Enumerated Article in the UCMJ Major Faith R. Coutier 715 Advancing Shared Interests: The Case for a Maritime Security Agreement with Cuba Lieutenant Commander Timothy N. Cronin 738 Mutiny on the High C: How the Armed Forces Regulate and Criminalize Servicemember Speech Online Major Michelle E. Borgnino 800 i Headquarters, Department of the Army, Washington, D.C. Academic Journal No. 27-100-224-3, 2016 Military Law Review Volume 224 Issue 3 Board of Editors Colonel Randall Bagwell Dean, The Judge Advocate General’s School Lieutenant Colonel May Nicholson Chair, Administrative and Civil Law Department Major Laura O’Donnell Director, Professional Communications Program Mr. Sean Lyons Legal Editor Captain Vanessa R. Asmus Editor Since its inception in 1958 at The Judge Advocate General’s School, U.S. Army, in Charlottesville, Virginia, the Military Law Review has encouraged a full and frank discussion of legislative, administrative, and judicial principles through a scholarly examination of the law and emerging legal precepts. In support of that mission, the Military Law Review publishes scholarly articles that are relevant to, and materially advance, the practice of law within the military. The Military Law Review does not promulgate official policy. An article’s content is the sole responsibility of that article’s author, and the opinions and conclusions that are reflected in an article are those of the author and do not necessarily reflect the views of the U.S. government, the Department of Defense, the Department of the Army, The Judge Advocate General’s Corps, The Judge Advocate General’s Legal Center and School, or any other governmental or non-governmental agency. ii WEBSITE: The Military Law Review is available at http://www.jagcnet.army.mil/MLR. COPYRIGHT: Unless noted in an article’s title, all articles are works of the United States Government in which no copyright subsists. 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For inquires and change of address for individual paid subscriptions, fax your mailing label and new address to 202-512-2250, or send your mailing label and new address to the following address: United States Government Printing Office Superintendent of Documents ATTN: Chief, Mail List Branch Mail Stop: SSOM Washington, DC 20402 v MILITARY LAW REVIEW Volume 224 Issue 3 GIVING TEETH TO THE TIGER: HOW THE SOUTH CHINA SEA CRISIS DEMONSTRATES THE NEED FOR REVISION TO THE LAW OF THE SEA LIEUTENANT COMMANDER AARON M. RIGGIO* It would live in history, because of its length and its unremitting ferocity: it would live in men’s minds for what it did to themselves and to their friends, and to the ships they often loved. Above all, it would live in naval tradition, and become legend, because of its crucial service to an island at war, its price in sailors’ lives, and its golden prize—the uncut lifeline to the sustaining outer 1 world. * Judge Advocate General’s Corps, United States Navy. Presently assigned as Deputy Force Judge Advocate at Commander Naval Surface Forces Pacific. LL.M., 2016, The Judge Advocate General’s School, United States Army, Charlottesville, Virginia; J.D., 2010, Seattle University, Seattle, Washington; B.A., 2002, University of Washington, Seattle, Washington. Previous assignments include Officer in Charge, Region Legal Service Office Europe, Africa, Southwest Asia Detachment Sigonella and Staff Judge Advocate, Naval Air Station Sigonella, Italy, 2012–2015; Trial Counsel, Region Legal Service Office Mid-Atlantic, Norfolk, Virginia, 2010–2012; Engineering Readiness Officer, Commander, Submarine Group NINE, Bangor, Washington, 2007; USS Ohio (SSGN 726), 2003–2007. Member of the state bar of Washington. Previous publications include Whale Watching from 200 Feet Below: A New Approach to Solving Operational Encroachment Issues, 33 SEATTLE U. L. REV. 229 (2009) and The International Criminal Court and Domestic Military Justice, 5 PHOENIX L. REV. 99 (2011). This article was submitted in partial completion of the Master of Laws requirements of the 64th Judge Advocate Officer Graduate Course.