From the Editor


In This Issue ...

Colin Gray examines the character of asymmetric threats and cautions that traditional attempts to define such threats have generally been unproductive. As a consequence, he observes, "A problem with efforts to define an asymmetric threat is that they imply strongly that the universe of threats divides neatly into the symmetric and the asymmetric." Such attempts he adroitly counters are "nonsensical" at best. The author provides eight basic characteristics of asymmetry. He then applies each in the context of terrorism to determine how the United States should react tactically, operationally, and strategically. He cautions American military planners not to become overly focused on asymmetry, thereby ignoring other legitimate threats.

Michael Carlino suggests that as a result of Operation Desert Storm the US military has come to the conclusion that it is no longer necessary to accept heavy casualties to obtain victory. More specifically, the author believes we have translated this increased desire for "casualty avoidance" into a mantra inviting an increase in noncombatant losses. How far should military planners and commanders go to resolve the dichotomy between force protection and noncombatant immunity? Carlino asserts that a combatant's right to life is forfeited when he engages with the enemy. Both have the moral right to kill their foe. However, it is when one considers a noncombatant's right to "immunity" that the relationship between force protection and noncombatant safety becomes problematic. The author draws on the works of Michael Walzer and others to conclude that military and political leaders must abandon their "zero-casualty mentality" and de-emphasize force protection if it means increased risk to noncombatants.

Geoffrey S. Corn and Jan E. Aldykiewicz introduce the first of three articles related to law and war in the 21st century with their treatise suggesting that violators of international law be tried in US military courts. The authors draw on the precedent of the Second World War and Nuremberg to explain the evolution of a doctrine of individual criminal responsibility for violations of the laws of war. They explain that in the past this doctrine was limited to acts committed during state-on-state conflicts; only recently has it been applied to civil wars and internal armed conflicts. The authors review a series of precedent-setting cases under the jurisdiction of the International Criminal Court to determine that recent developments in the law of war make the use of US courts-martial another potential venue for prosecuting individuals who commit war crimes during internal conflicts.

Richard Butler identifies disconnects between current US Army doctrine and the decisions by international tribunals conducting prosecutions under the legal precedent of "unlawful attack." This precedent focuses on military commanders conducting operations that affect the surrounding civilian population. The author postulates that although there have been no prosecutions of US commanders under this doctrine, it is clear that there are increasing expectations by the international community that military commanders be held to a higher standard when making decisions related to ground operations and target selection.

Our final article related to "The Law and War in the 21st Century" is Chris Quillen's disturbing look at the role the Department of Defense can legally play in countering domestic terrorism. Quillen believes that the fundamental limitations placed on the military by the Posse Comitatus Act of 1878 are being eroded by presidential and congressional desires "to do something" in times of danger. The author uses the threat of nuclear terror to highlight that the involvement of the military in traditional law enforcement roles is not only violating the intent of the act, it is weakening the very principles essential to the maintenance of our American constitutional system. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

From the Editor
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.