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    Targeting a Satellite: Contrasting Considerations between the Jus ad Bellum and the Jus in Bello
    (International Law Studies, 2022) Nasu, Hitoshi
    With the development and greater availability of counter-space capabilities, satellites are becoming a prime target of military threats. However, the legal assessment for the targeting of a satellite requires careful analysis because of its impacts on terrestrial activities and the potential to affect the rights and interests of third parties when their payloads are carried by the targeted satellite. With these two unique characteristics in mind, this article unravels the complexity of international legal regimes applicable to military operations conducted against a satellite by contrasting threshold legal considerations necessary for the identification and application of relevant legal requirements under the law governing the use of force (jus ad bellum) and those under the law governing the conduct of hostilities in situations of armed conflict (jus in bello). It finds that while its terrestrial impact is arguably relevant under the jus ad bellum and more so under the jus in bello to the legal characterization of satellite targeting and the identification of an injured or belligerent State, there is no need to afford special protection to the rights and interests of a third State that may be affected as a result of the operation.
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    The Canary in the Military Justice Mineshaft: A Review of Recent Sexual Assault Courts-Martial Tainted by Unlawful Command Influence
    (Mitchell Hamline Law Journal of Public Policy and Practice, 2022) Visger, Mark
    In the seventeen-month period from May 2017-September 2018, military appellate courts reversed five sexual assault convictions based on the legal doctrine of Unlawful Command Influence (UCI). This doctrine is designed to protect accused military members who are facing court-martial by ensuring that the decision-maker involved in a court-martial decides the case based on its merits rather than based on the desires of commanding officers. Two recent sexual assault cases have been significantly influenced by concerns of UCI, including the high-profile court-martial of Brigadier General Jeff Sinclair. Of particular note is the court-martial of United States v. Riesbeck, where the civilian Court of Appeals for the Armed Forces (CAAF) reversed a forcible rape conviction with prejudice for “court stacking” (specifically, intentionally selecting female panel members (e.g., jurors) with the objective of increasing the chances of conviction in a sexual assault case) using the very strong language noted in the preamble to this article. This article examines the five sexual assault cases mentioned above and the greater context in which they were decided. The article will begin by examining the origins of the doctrine of unlawful command influence in the aftermath of World War II, which originated in direct response to commanders’ attempts to actively direct the outcome of specific courts-martial. It will then turn to the congressional effort to remove court-martial jurisdiction from commanders, with a focus on decisions made by Air Force Lieutenant General Franklin in two sexual assault courts-martial and the repercussions he faced as a result. Finally, the article will review the Joint Proceeding Panel report findings as well as the recent appellate court decisions and conclude with observations for addressing these concerns.
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    POWs in the Age of the Internet
    (Air and Space Power Journal, 2022) Kallberg, Jan; Visger, Mark; Hamilton, Stephen S.; Arnold, Todd
    The emergence of deepfakes has challenged long- standing protocols concerning prisoners of war in the Geneva Conventions. The United States, its Allies, and partners must educate servicemembers about the potential exploitation of any recorded media obtained if they become prisoners of war.
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    Ordinary Soldiers: A Study in Ethics, Law and Leadership
    (United States Holocaust Memorial Museum, 2014) Frey, David S.; Beorn, Waitman; Ciardelli, Jennifer; Skidmore, Gretchen; Prescott, Jody
    IT IS OFTEN CHALLENGING TO FIND A CASE STUDY FOR A LESSON in military leadership and ethics involving the law of armed conflict (LOAC) for which the facts and documentation are sufficient to appeal to ethicists, historians, and lawyers. It is likewise challenging to find such a case study in which company-grade officers are unequivocally presented with an illegal order by a field-grade commander and demonstrate dramatically different responses to the same order in the same situational context. Finally, it is difficult to find these circumstances in the context of regular units, composed of ordinary soldiers, going about their military duties. The experiences of the 1st Battalion, 691st Infantry Regiment, of the German Wehrmacht (armed forces), performing rear-area security duties in the first week of October 1941 in occupied Belarus, meet these stringent requirements.