Court Of Impeachment And War Crimes: So You'd Like To Look At All The "RULES"!
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So You'd Like To Look At All The "RULES"!















































For local copy items below, be sure to check with originating agencies for updates.

See also:


please see disclaimer about links, and privacy and security notice ... contact us
page updated/reviewed 19 Feb 08


· See also Federal and State Courts below

· See also U.S. Constitution and U.S. Law

· See also Freedom of Information Act (FOIA) and the Privacy Act

· See also U.S. Government

· See also Congressional Research Service (CRS) reports

· U.S. Department of Justice

o Reporting fraud

o Civil Rights & Liberties Violations

o Victims of Crime

· Office of the Attorney General

· White House Counsel - "The Counsel's office advises the President on all legal issues concerning the President and the White House."

· Legal Services Corporation (LSC)

· U.S. Office of Special Counsel (OSC) - "OSCs primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing."

· Legal Products from the Government Accountability Office (GAO)

· U.S. Office of Government Ethics

· U.S. Commission on Civil Rights

· U.S. Sentencing Commission

· Government Information Locator Service (GILS)

Federal and State CourtsBack to Top

· See also Military Courts

· Outline of the U.S. Legal System - introduction, history, etc. - from U.S. State Department

· US Supreme Court

· Supreme Court oral arguments and transcripts

· U.S. Federal Judiciary, U.S. Courts' Home Page

o Understanding the Federal Courts, a primer

o The Third Branch, the Newsletter of the Federal Courts

o Directory of Public Access to Federal Court records

· The Federal Judicial Center

· U.S. Court of Federal Claims

· U.S. Sentencing Commission

· Federal Court Locator, from Villanova Law Library, with links to court home pages - includes federal district courts

· Federal Courts Finder, from Emory Law Library, links to appeals courts and others

· Supreme Court opinions, from the Legal Information Institute, with Project Hermes, all opinions since May 1990, and key historical ones

· Court TV Online

· National Center for State Courts (NCSC)

· State Justice Institute (SJI)

· Standards for Professional Conduct within the Seventh Federal Judicial Circuit (local copy), adopted 14 Dec 1992

Paralegals/Legal AssistantsBack to Top

· National Association of Legal Assistants (NALA) Net, on-line info service for legal assistants, soon to begin offering educational seminars on the Internet

· American Association for Paralegal Education

· American Institute for Paralegal Studies (AIPS)

JAGs, JAG Schools, and Military CourtsBack to Top

· See also the Continuing Legal Education and Paralegal sections of this page

· Military Appeals Courts

o U.S. Court of Appeals for the Armed Forces

o U.S. Court of Appeals for Veterans Claims

o U.S. Army Court of Criminal Appeals

o U.S. Air Force Court of Criminal Appeals

o U.S. Navy-Marine Corps Court of Criminal Appeals

o Coast Guard Court of Criminal Appeals

· DoD

o DoD Office of the General Counsel

· Air Force

o Office of the General Counsel, Department of the Air Force

o USAF Law Center - law services, legal assistance, etc.

o USAF Office of the Judge Advocate General

o USAF JAI, International and Operations Law Division, good handbooks, guides, and reference material

o U.S. Air Force Court of Criminal Appeals

§ Rules of Practice and Procedure

o Air Force Legal Information Services

o Air Force JAG School

§ Air Force Law Review

§ JAG School Public DocuShare Site

o The Military Commander and the Law, a deskbook

o Air Force JAG Recruiting

· Air Force Reserves

o HQ ARPC Judge Advocate Home Page

o HQ ARPC Legal Assistance Information, incl divorce, Former Spouses' Protection Act, adoption, wills/estate planning, domicile/residency, Soldiers' and Sailors Civil Relief Act, SGLI, child support, powers of attorney, bankruptcy, credit ratings, deployment issues

· Army

o Army General Counsel

o Army Pamphlet 27-9, Military Judges' Benchbook (over 1,000 pages)

o U.S. Army Court of Criminal Appeals

o U.S. Army Judge Advocate Generals Corps, JAGCNet (formerly JAGNet), incl legal links, especially Army legal links

§ JAG University

§ Trial Counsel Assistance Program (TCAP), U.S. Army

§ Center for Law and Military Operations (CLAMO)

§ Army Legal Links

§ Army JAG School

· Navy

o Office of the General Counsel, Dept of the Navy

o U.S. Navy-Marine Corps Court of Criminal Appeals

o Navy JAG Home Page

o Naval Reserve Law Program

o Naval Justice School

§ Naval Justice School pubs/reading room includes Commanders' guide, evidence guide, trial guides, law study guide, legal assistance guide, investigations handbook, military and civil law handbook, etc (available thru the Navy JAG page, then select Reading Room, then JAG Documents for the Public, then Naval Justice School, Public Access Publications )

· Marine Corps

o Counsel for the Commandant

o U.S. Navy-Marine Corps Court of Criminal Appeals

o Staff Judge Advocate to the Commandant of the U.S. Marine Corps

§ JA resource page for SJA to the Commandant of the Marine Corps

§ Legal links by SJA to the Commandant of the Marine Corps

· Coast Guard

o Coast Guard Legal home page

o Coast Guard Court of Criminal Appeals

o Chief Administrative Law Judge for the United States Coast Guard

· Other

o Judge Advocates Association, a national bar association dedicated to military and veteran's law

o ABA Standing Committee on Legal Assistance for Military Personnel (LAMP), incl publications and quarterly Continuing Legal Education (CLE) seminars for military attorneys

Overview and General StuffBack to Top

· Outline of the U.S. Legal System - introduction, history, etc. - from U.S. State Department

· Library of Congress

o Military Legal Resources

o Terrorism Laws online - including war powers, money laundering, aviation safety, ...

o Law Library of Congress

o Bookmarks - Legal Resources on the Internet

o Global Legal Information Network (GLIN), with summaries of key documents

o Guide to Law Online, with details for each country

· World Wide Web Virtual Library - Law, maintained by Indiana University School of Law

· FirstGov Law Links

· National Institute of Military Justice, with lots of news, cases, handbooks, and other material for download

· Military Justice Factsheets, courtesy USMC SJA

· The Military Commander and the Law, a deskbook from the AF JAG School

· 2001 Judge Advocate Officer Advanced Course Deskbook, from Army JAGCNet

· Title 10 - Armed Forces, U.S. Code

· Military Law: an Overview, Cornell Law School

· Law and Policy Institutions - "In addition to domestic legal topics, this site provides information on significant international treaties, journals, and legal databases ranging from antiquity to the present and representing all nationalities."

· Crime and Law Enforcement, library of links, from refdesk.com

· Documents in Law, History and Diplomacy, The Avalon Project at Yale Law School

o EXCELLENT library of documents from the last 2,000 years - organized by date blocks or by topics, and also searchable

Journals and ReviewsBack to Top

· Military Law Review, online

· Military Law Review, copy at Library of Congress

· The Army Lawyer

· The Air Force Law Review

· Naval Law Review

· Judge Advocate General's Corps Magazine, US Navy JAGC

· United States Attorneys' Bulletin, published by the Executive Office for United States Attorneys (EOUSA)

· FBI Law Enforcement Bulletin

· World Law Bulletin, monthly, from the Directorate of Legal Research at the Law Library of Congress - posted by FAS

· Journal of Legal Studies, Department of Law, US Air Force Academy

· Law Journals on the WWW, choose from information source list

· Yahoo! List of Law Journals and Reviews

· Military Evidentiary Foundations - book, with annual updates available

· Shepard's Military Justice Citations

· West's Military Justice Digest

Professional Conduct & ResponsibilitiesBack to Top

· Professional Responsibility: Peering Over the Shoulder of Trial Attorneys (local copy), by Rose, in The Army Lawyer, May 2001

· Standards for Professional Conduct within the Seventh Federal Judicial Circuit (local copy), adopted 14 Dec 1992

Trial AdvocacyBack to Top

· See also

o Communication Skills, especially speaking and listening

o Fallacies in Logic

o Argumentative Writing

o Interviewing Skills

o Interrogation

o Critical Thinking Skills

· Executive Office for United States Attorneys (EOUSA) Office of Legal Education (OLE)

o The National Advocacy Center (NAC) is operated by the Department of Justice, Executive Office for United States Attorneys. The facility was built to train federal, state, and local prosecutors and litigators in advocacy skills and management of legal operations ....

· The Advocacy Trainer, A Manual for Supervisors, by the Criminal Law Department, the Judge Advocate General's School, U.S. Army - addresses handling of variety of evidence, direct examination, cross-examination, and other phases of a case/trial

· The Advocacy Trainer, A Manual for Supervisors (local copy), description in The Army Lawyer, Dec 1999

· Ambushes & Minefields in the Courtroom, Parts 1 & 2 - posted by USDOJ

· The Army Lawyer
(alternate source)

o starting in the Oct 1997 issue, they included a periodic column on "the Art of Trial Advocacy"

· Selected "The Art of Trial Advocacy" columns from The Army Lawyer

o The Thrill and Excitement of Impeachment by Contradiction (local copy), Oct 2004

o Preparing the Mind, Body, and Voice (local copy), Nov 2003

o Tactical Charging: Choosing Wisely the Terrain on Which You Want to Fight! (local copy), Sep 2002

o Summary Court-Martial: Using the Right Tool for the Job (local copy), Jul 2002

o Preparing the Young Child-Victim for Trial (local copy), Jun 2002

o "Advocacy" Outside of the Courtroom: Dispelling Common Misperceptions Held by Commanders (local copy), Mar 2002

o The Government Appeal "We Disagree, Your Honor!" (local copy), Nov 2001

o Voir Dire: Whats the Point? (local copy), Jun 2001

o Effective Motions Practice (local copy), Feb 2001

o First Steps Toward Effective Direct Examination: Planning and Preparation (local copy), Sep 2000

o "Its Like Dj Vu All Over Again!" Yet Another Look at the Opening Statement (local copy), Jun 2000

o Timing is Everything: Identifying Prior Consistent Statements (local copy), Mar 2000

o Worried About Objecting to a Document? Just BARPH (local copy), Feb 2000

o Coping with the Forgetful Witness (local copy), Dec 1999

o Advocacy in Front of the Military Judge (local copy), Nov 1999

o The Art of Storytelling (local copy), Oct 1999

§ recommends three ways to enhance your storytelling for effect

§ use the present tense

§ speak in clear, active English

§ engage the senses of the audience

o It is Not Just What You Ask, But How You Ask It: The Art of Building Rapport During Witness Interviews (local copy), Aug 1999

o Making and Responding to Objections (local copy), Jul 1999

o The Art of Military Criminal Discovery PracticeRules and Realities for Trial and Defense Counsel (local copy), Feb 1999

o Voir Dire: Making Your First Impression Count (local copy), Nov 1998

o InstructionsAn Often Overlooked Advocacy Tool (local copy), Oct 1998

o To Write or Not to Write?: That Should Not Be A Question (local copy), Sep 1998 - from open to close, what to write down

o Preparation of Effective Rebuttal Arguments (local copy), Aug 1998

o An Approach to Cross-Examination: "Its a Commando Raid, not the Invasion of Europe." (local copy), Jul 1998

o Prevention of Juror EnnuiDemonstrative Evidence in the Courtroom (local copy), Jun 1998

o The Art of Clemency (local copy), Mar 1998

o Impeachment by Prior Inconsistent Statement (local copy), Feb 1998

o Military Judge Questions: An Indication of Your Next Move (local copy), Dec 1997

o Lawyering Through Your Eyes (local copy), Nov 1997

o Success Defined by Diligence and Meticulous Preparation (local copy), Oct 1997

o The Art of Advocacy, introducing the column (local copy), Oct 1997

Political activity guidelines for DoD and government personnelBack to Top

· Political Activity (Hatch Act), from the U.S. Office of Special Counsel -- "a discussion of restrictions on political activity by federal government employees, and by employees of certain state and local government agencies, under the Hatch Act."

· DoD Directive 1344.10, Political Activities by Members of the Armed Forces on Active Duty

· AFI 51-902, Political Activities by members of the USAF - Guidance on limits

· Political Activities - limits on active, reserve, guard, and civilians

U.S. Constitution and U.S. LawBack to Top

· See also Historical Documents, including Constitution, Declaration of Independence, etc.

· See also Constitution resources on the U.S. Government page

· See also Congressional Research Service reports about the Constitution

· Legal Information Institute (LII), Cornell Univ.

o U.S. Code, Legal Information Institute (LII), Cornell Univ.

· U.S. Constitution Literacy Reader

o U.S. Constitution, with amendments (local copy)

o Just the Bill of Rights & other amendments to U.S. Constitution (local copy)

· Federalism and the Constitution: Limits on Congressional Power (local copy), CRS report

USA PATRIOT ActBack to Top

· See also the Terrorism section below

· See also the Laws of War section below

· See PATRIOT ACT congressional research service reports which include the following

o The USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005(local copy), CRS report

o The USA PATRIOT Act Sunset: A Sketch (local copy), CRS report

o The USA PATRIOT Act: A Legal Analysis (local copy), CRS report

o The USA PATRIOT Act: A Sketch (local copy), CRS report

o Terrorism: Section by Section Analysis of the USA PATRIOT Act (local copy), 62 page overview in a Congressional Research Service report, 10 Dec 2001 - includes (section 104) expansion of exception to Posse Comitatus Act

Military Commissions - TribunalsBack to Top

· See also the Terrorism section below

· See also the Laws of War section below

· The Manual for Military Commissions (local copy), 18 Jan 2007

· Military Commissions Act of 2006 (local copy), PUBLIC LAW 109366OCT. 17, 2006

· Military Commissions - links to resources, DefenseLink

· Trial Guide for Military Commissions, DefenseLink

· Military Tribunals: Office of Military Commissions - resources listed by the Pentagon Library

· The Supreme Court's Role in Defining the Jurisdiction of Military Tribunals: a Study, Critique, & Proposal for Hamdan v. Rumsfeld (local copy), by Baldrate, in Military Law Review, vol. 186, Winter 2005

· Salvaging the Remains: the Khmer Rouge Tribunal on Trial (local copy), by Lieberman, in Military Law Review, vol. 186, Winter 2005

· Military Commission Instruction - Crimes and Elements for Trials by Military Commission (local copy), draft released 28 Feb 2003 by the General Counsel of the Department of Defense (DoD)

· Military Commission Law (local copy), by Fidell, Sullivan, and Vagts, in The Army Lawyer, Dec 2005

· U.S.Military Commissions: A Quick Guide to Available Resources

· Terrorism and the Law of War: Trying Terrorists as War Criminals before Military Commissions (local copy), Congressional Research Service (CRS) report

· Military Tribunals: The Quirin Precedent (local copy), CRS report

· Fact Sheet: DoD Order on Military Commissions, 21 Mar 2002 (local copy ... following the President's Military Order of 13 Nov 2001

o Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (local copy), 13 Nov 2001 military order by the President, including the clause about trial by military tribunals

Treatment of POWs and Detainees, including InterrogationBack to Top

· See also the GTMO official websites

· See also the commissions/tribunals section

· See also the torture section

· See also the Laws of War section below, including Geneva and other conventions

· See also the Interrogation and Interview section on the Lessons Learned page

· DoD Directive 2310.01E, The Department of Defense Detainee Program

· Six Floors of Detainee Operations in the Post-9/11 World

· Links relating to Prisoner Abuse, U. of Mich.

· Stick to the High Ground (local copy), by Jackson, in The Army Lawyer, July 2005 - "Rather than flout the laws of war, coalition forces have generally held to the policy that the Geneva and Hague Conventions are applicable in any armed conflict, no matter how characterized." - discussion of Iraq war re: civilians, POWs, and other asymmetrical warfare issues

· Improving the Fighting Position - A Practitioners Guide to Operational Law Support to the Interrogation Process (local copy), by Kantwill, Holdaway, and Corn, in The Army Lawyer, July 2005

· The Road to Abu Ghraib: US Army Detainee Doctrine and Experience (local copy), by Gebhardt, Global War on Terrorism Occasional Paper 6, Combat Studies Institute, 2005

· Counter-resistance techniques to aid in the interrogation of detainees at Guantanamo Bay (local copy), 27 Nov 2002 action memo from DoD General Counsel, for the Secretary of Defense - declassified 18 June 2004

· RL32567 - Lawfulness of Interrogation Techniques under the Geneva Conventions (local copy), CRS report

· RL31367 - Treatment of "Battlefield Detainees" in the War on Terrorism (local copy), CRS report

· RL32395 - U.S. Treatment of Prisoners in Iraq: Selected Legal Issues (local copy), CRS report

· RL31724 - Detention of American Citizens as Enemy Combatants (local copy), CRS report

· Enemy Prisoners of War, Detained Personnel, Civilian Internees and Other Detainees (local copy), AR 190-8, OPNAVINST 3461.6, AFI 31-304, MCO 3461.1

· Fact Sheet: DoD Order on Military Commissions, 21 Mar 2002 (local copy), ... following the President's Military Order of 13 Nov 2001

o Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (local copy), 13 Nov 2001 military order by the President, including the clause about trial by military tribunals

· Prisoner of War Parole: Ancient Concept, Modern Utility (local copy), by Brown, in Military Law Review, vol. 156, 1998 - extensive discussion of the concept

Abu Ghraib Prison IncidentBack to Top

· see Treatment of POWs and Detainees, above

· see also strategic corporals on AWC Lessons Learned page - words and actions at the lowest level can have strategic impact

· The Road to Abu Ghraib: U.S. Army Detainee Doctrine and Experience (local copy), by Gebhardt, in Military Review, Jan-Feb 2005

· The Investigation of Intelligence Activities at Abu Ghraib, release notes (local copy), Aug 2004, accompanied the declassified executive summary below

· AR 15-6 Investigation of the Abu Ghraib Prison and 205th Military Intelligence Brigade (local copy) (aka Fay-Jones Report), declassified Executive Summary, released 25 Aug 2004 - investigation was begun March 31 and concluded on August 6 (according to release notes above)

· Final Report of the Independent Panel to Review DoD Detention Operations (local copy), 24 Aug 2004, chaired by the Honorable James R. Schlesinger

· 24 Aug 2004 DoD press conference with members of the Independent Panel (local copy)

· U.S. Military Actions in Response to Abuses at Abu Ghraib Prison (local copy), May 2004 fact sheet from the Defense Institute of International Legal Studies, Defense Institute of Security Assistance Management

· More government and military sources regarding Abu Ghraib Prison

· DoD documents previously released in litigation pertaining to the treatment of detainees

· Related documents - mentioned in Congressional testimony and DoD press releases

o Miller Report, 9 Sep 2003

o Ryder Report, 6 Nov 2003

o Taguba Report, Feb 2004

o Army Inspector General Inspection Report on Detainee Operations (local copy), 21 July 2004

§ IG: Individual discipline failures led to detainee abuse (local copy), 22 Jul 04 press release

§ description of how an IG inspection is done

o Fay-Jones Report, 25 Aug 2004

o Army Regulation 15-6, Procedure for Investigating Officers and Boards of Officers

o FM 34-52 Intelligence Interrogation

· AR 15-6 Investigation Guide

· Stanford Prison Experiment, classic examination of the psychology of imprisonment - for both prisoners and guards

· Milgram Obedience Experiment, aka Milgram Experiment, examined how far folks would go in obeying orders that may have conflicted with their consciences

TortureBack to Top

· See also the treatment of prisoners section

· See also Torture? on Ethics page

· See also interrogations and interviewing on Lessons Learned page

· The Torture Question - PBS examination

· U.S. Department of State Initial Report of the United States of America to the UN Committee Against Torture, October 15, 1999

· U.S. Code, Title 18, Part I, Chapter 113C - Torture - definitions and punishment for committing - also referred to as "Standards of Conduct for Interrogation" under 18 USC 2340-2340A

USA PATRIOT Act "establishes equivalent sanctions for conspiracy and the underlying offense in cases of: ... torture committed overseas under color of law, 18 U.S.C. 2340A" (from CRS report which analyzes the PATRIOT Act)

· U.S. Code, Title 28, Part IV, Chapter 85, Sec. 1350 - Torture Victim Protection Act of 1991

· Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (local copy), UN General Assembly resolution 39/46, annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987

· RL32276 - The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens, CRS report

· RL32567 - Lawfulness of Interrogation Techniques under the Geneva Conventions, CRS report

· RL32438 - U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques, CRS report

· A Consequentialist Argument against Torture Interrogation of Terrorists (local copy), by Arrigo, for Joint Services Conference on Professional Ethics (JSCOPE), 2003

Just War TheoryBack to Top

· See also the Just War Theory bibliography by Air University Library

· See also the Laws of War section below

· Cultural, Religious, and Ideological Perspectives on the Just War Doctrine and the Customary Laws of Armed Conflict: Western (Catholic) and Islam (Shiite), by Pitts, Air War College paper, 2007

· The Evolution of the Just War Tradition: Defining Jus Post Bellum (local copy), by DiMeglio, in Military Law Review, vol. 186, Winter 2005

· 2004 Proceedings of the Joint Services Conference on Professional Ethics, with papers on noncombatants, terrorists, tribunals, PGMs, and just war theory

· Military Leaders Obligation to Justify Killing in War, paper by Kilner, presented at Joint Services Conference on Professional Ethics (JSCOPE), Jan 2000

· Peacekeeping and the Just War Tradition (local copy), by Pfaff, SSI

· Proportionality for Military Leaders, by Brown, ACSC paper

· Morality and Modern Air War (local copy), by Gingras and Ruby, Joint Force Quarterly

· Origin of the twin terms jus ad bellum/jus in bello, from International Red Cross

· Just War Theory, U. of Tenn.

· Military Technology: Has It Changed the Rules of Warfare?, by Kaszuba, AWC paper

War Crimes and Crimes Against HumanityBack to Top

· See also the Laws of War section below

· See also the Military Commissions - Tribunals section above

· See also Iraqi War Crimes on Conflict 21 website

· Charging War Crimes: A Primer for the Practitioner (local copy), by White, in The Army Lawyer, Feb 2006

o This primer provides the practitioner with a framework for determining the proper method for charging an American servicemember accused of committing war crimes. Compared to charging traditional offenses, charging war crimes offers more options and potential pitfalls to the trial counsel drafting the charge sheet.

· Yamashita, Medina, and Beyond: Command Responsibility in Contemporary Military Operations (local copy), by Smidt, in Military Law Review, Vol 164 - "the article looks at U.S. policy in terms of charging U.S. soldiers with war crimes"

· Office of War Crimes Issues, State Department

· International Criminal Tribunal for the former Yugoslavia (ICTY), U.N.

· From the UN factsheet on the International Criminal Court

Genocide is defined as a list of prohibited acts, such as killing or causing serious harm, committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

As set out in the Statute, crimes against humanity include crimes such as the extermination of civilians, enslavement, torture, rape, forced pregnancy, persecution on political, racial, national, ethnic, cultural, religious or gender grounds, and enforced disappearances - but only when they are part of a widespread or systematic attack directed against a civilian population.

The "widespread or systematic" qualification for crimes against humanity is very important, as it provides a higher threshold, requiring a particular magnitude and/or scope before a crime qualifies for the Court's jurisdiction. This differentiates random acts of violence - such as rape, murder, or even torture - that could be carried out, perhaps even by soldiers in uniform, but which may not actually qualify as crimes against humanity.

War crimes include grave breaches of the Geneva Conventions and other serious violations of the laws and customs that can be applied in international armed conflict, and in armed conflict "not of an international character", as listed in the Statute, when they are committed as part of a plan or policy or on a large scale.

· Convention on the Prevention and Punishment of the Crime of Genocide, 1948

· Human Shields

· Article 51 of the 1977 amendment to the 1949 Geneva Conventions

o The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

InvestigationBack to Top

· see evidence section

· see interviewing on Communication Skills page

· Article 32 Pretrial Investigation: Investigating Officer's Guide, from USMC SJA (local copy)

· Army Regulation AR 15-6 Investigation Guide for Informal Investigations

· Investigations Manual, Office of Naval Inspector General

o Chapter on Interviewing (local copy), (PDF) - includes telephone interviews

· Investigations Guide, Office of Naval Inspector General

o spiffyChapter on Interviewing (local copy), (PDF) excellent expanded checklists - includes telephone interviews

DoD ResourcesBack to Top

· DoD Office of the General Counsel

· DoD Victim and Witness Assistance Council

· DoD Directive 5500.17, Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice

· Defense Institute of International Legal Studies (DIILS), has presented programs to senior military and civilian government officials in 83 countries

o Rights of Military Members, overview from DIILS (local copy)

· The Growing, Unlimited Mission of the Defense Institute of International Legal Studies (local copy), by Hodgkinson and Jamison, in The DISAM Journal, Spring 2001

· DoD Reading Room for Corrections and Discharge Review Boards

Uniform Code of Military Justice (UCMJ)Back to Top

· see Manual for Courts-Martial (MCM) below for latest updates to UCMJ, including

o amendment to Articles 43 and 111 of the UCMJ made by the National Defense Authorization Act for the Fiscal Year (FY) 2004

o addition of Article 119a of the UCMJ created by the Unborn Victims of Violence Act of 2004, 1 April 2004

· DoD Directive 5500.17, Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice

· Uniform Code of Military Justice (UCMJ)--(local copy)

· 10 USC Chapter 47 - Uniform Code of Military Justice

· FY02 Changes to UCMJ, posted by USMC SJA (local copy)

· "Time of War" determination and the UCMJ, posted by USMC SJA (local copy)

· Library of Congress Military Legal Resources, including history of UCMJ

· UCMJ, 1949 version (local copy)

Manual for Courts-Martial (MCM)Back to Top

· DoD Directive 5500.17, Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice

· Manual for Courts-Martial, United States, 2008 edition (local copy)

· Executive Order 13387 2005 Amendments to the Manual for Courts- Martial, United States (local copy), 14 Oct 2005

· Executive Order 13365 2004 Amendments to the Manual for Courts- Martial, United States (local copy), 8 Dec 2004

Innocent Until Proven GuiltyBack to Top

· The Uniformed Code of Military Justice states

(c) Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them -

(1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
(3) that, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
(4) that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the United States.

· The Armor: Recent Developments in Self-Incrimination Law (local copy), by Sitler, in The Army Lawyer, May 2000

War Powers ResolutionBack to Top

· see Congressional Research Service (CRS) reports on War Powers Resolution

· War Powers Resolution of 1973 (local copy)

Use of ForceBack to Top

· see also Congressional Research Service (CRS) reports on Use of Force

· see also Schmitt Analysis at Cyberspace and Information Operations Study Center - regarding one method of determining if an action qualifies as a "use of force" - including info-ops activity

· United Nations Charter, Chapter 1, Article 2, Principles 4 and 5

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

· United Nations, Article 51

o Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

· Counter-Terrorism and the Use of Force in International Law (local copy), by Schmitt, George C. Marshall European Center for Security Studies

· Law of War Workshop Deskbook 2005 (local copy), posted Sep 2004, International and Operational Law Department, Judge Advocate General's School, US Army, Charlottesville, VA

o particularly good discussion of the history of laws of war, jus ad bellum, jus in bello, and legal basis for use of force

o be sure to check from other sources for updates since this handbook was published - for instance, in the area of prisoners of war and detainees

Laws of War and Laws in WarBack to Top

· See also the Just War Theory section above

· See also the War Crimes section above

· See also the Tribunals section above

· See also the Interagency Operations for CLAMO's legal handbook for interagency complex operations

· See also Treaties, Laws, & Diplomacy page regarding chemical, biological, nuclear, and other conventions

· See Values and Ethics page, especially Ethics of War section

· Developing Warrior Lawyers: Why It's Time to Create a Joint Services Law of War Academy (local copy), by Corn, in Military Review, May-Jun 2006

· DoD Directive 2311.01E, DoD Law of War Program (local copy) - reissues DoD Directive 5100.77, DoD Law of War Program (5100.77 is cancelled)

· DoD Directive 2310.01E, The Department of Defense Detainee Program

· DoD Directive 3000.05, Military Support for Stability, Security, Transition, and Reconstruction (SSTR) Operations

· Operational Law Handbook (local copy), 2006 ed., International and Operational Law Department, Judge Advocate General's School, US Army, Charlottesville, VA

· Law of War Workshop Deskbook 2005 (local copy), posted Sep 2004, International and Operational Law Department, Judge Advocate General's School, US Army, Charlottesville, VA

o particularly good discussion of the history of laws of war, jus ad bellum, jus in bello, and legal basis for use of force

o be sure to check from other sources for updates since this handbook was published - for instance, in the area of prisoners of war and detainees

· Stick to the High Ground (local copy), by Jackson, in The Army Lawyer, July 2005 - "Rather than flout the laws of war, coalition forces have generally held to the policy that the Geneva and Hague Conventions are applicable in any armed conflict, no matter how characterized." - discussion of Iraq war re: civilians, POWs, and other asymmetrical warfare issues

· The Law of War: Can 20th-Century Standards Apply to the Global War on Terrorism? (local copy), by Cavaleri, Global War on Terrorism Occasional Paper 9, Combat Studies Institute, 2005

· Military Review, Sep-Oct 2004

o The Law of War and Civilians on the Battlefield: Are We Undermining Civilian Protections? (local copy), by Maxwell

o Targeting Decisions Regarding Human Shields (local copy), by Schoenekase

o Engaging Civil Centers of Gravity and Vulnerabilities (local copy), by Sele

· When Lawyers Advise Presidents in Wartime: Kosovo and the Law of Armed Conflict (local copy), by Baker, in Naval War College Review, Winter 2002

· Legal and Ethical Lessons of NATOs Kosovo Campaign (local copy), Naval War College International Law Studies Series, Volume 78, 2002 -- a whole passel of articles by military and civilian contributors, discussing almost every major aspect of the war

· Treatment of "Battlefield Detainees" in the War on Terrorism (local copy), CRS report for Congress

· Enemy Prisoners of War, Detained Personnel, Civilian Internees and Other Detainees (local copy), AR 190-8, OPNAVINST 3461.6, AFI 31-304, MCO 3461.1

· Law of Armed Conflict in Air and Space Operations, bibliography by Air University Library

· UN - Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia

· How to Keep Military Personnel from Going to Jail for Doing the Right Thing: Jurisdiction, ROE & the Rules of Deadly Force (local copy), The Army Lawyer, Nov 2000

· U.S. Code, Title 50, War and National Defense

· AFI 51-401, Training and Reporting to Ensure Compliance with the Law of Armed Conflict

· FM 27-10, The Law of Land Warfare

· Hague Convention (IV) Respecting the Laws and Customs of War on Land (local copy), 18 Oct 1907

· Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (local copy), 12 Aug 1949

· Briefing on Geneva Convention, EPW's and War Crimes (local copy), 7 Apr 2003

"The modern law of war as we know it today actually began when President Lincoln commissioned Professor -- Dr. Francis Lieber to write a code for Union forces during the American Civil War. The Lieber Code, as it's known -- it was also U.S. Army General Order No. 100, and it was published in 1863 -- that really formed the foundation for everything we have in our modern law of war today. Professor Lieber didn't make it up. He actually went through history to find the practice of nations, and I think that's a very important point here, to understand that this is the way nations feel that they should conduct military operations."

· Rules of Warfare; Arms Control, as listed at The Fletcher School, Tufts U. -- includes individual Hague and Geneva conventions -- including conventions regarding POWs, wounded, etc.

· The Laws of War, The Avalon Project at the Yale Law School

· Law of Armed Conflict, Human Rights Library, U. of Minn. -- long list, full-text copies

· Geneva Convention relative to the Treatment of Prisoners of War

· International Human Rights Instruments, as listed by the Office of the High Commissioner for Human Rights -- includes several dealing with various populations of combatants and noncombatants in war

· International Law and the Politics of Urban Air Operations, RAND report, 2000

o Chapter Two: The Law of Armed Conflict and Urban Air Operations

· The Laws of War: Rules by Warriors for Warriors (local copy), by Morris, in The Army Lawyer, Dec 1997

· The Principle of the Military Objective in the Law of Armed Conflict (local copy), by Robertson, USAFA

· Joint Services Conference on Professional Ethics (JSCOPE), incl case studies and papers on ethics of war and warfighters, and laws of war

o The Laws of War and the Rules of Peacekeeping, paper from 1997 Joint Services Conference on Professional Ethics

· Law at War: Vietnam 1964-1973, from Vietnam Studies, Dept of the Army -- includes US and Vietnamese law regarding status of forces, POWs, legal issues, legal systems, etc.

· International Society for Military Law and the Law of War

Nonlethal

o A Primer on the Employment of Non-Lethal Weapons (local copy), by Duncan, in the Naval Law Review

Terrorism

o See also the Military Commission section above

o See also the law, doctrine, and policy section on the C21 Center for Terrorism Studies

o See Guidance section on the USAF Counterproliferation Center, War on Terrorism page

o Counter-Terrorism and the Use of Force in International Law (local copy), by Schmitt, George C. Marshall European Center for Security Studies

o Library of Congress

§ Terrorism Laws online - including war powers, money laundering, aviation safety, ...

o Terrorism and the Law of War: Trying Terrorists as War Criminals before Military Commissions (local copy), 51 page overview in a Congressional Research Service report, 11 Dec 2001

o Trying Terrorists as War Criminals (local copy), 6 page summary in a Congressional Research Service report, 29 Oct 2001

o Response to Terrorism: Legal Aspects of the Use of Military Force (local copy), 2 page summary in a Congressional Research Service report, 13 Sep 2001

o Center for Terrorism Law

Protecting Cultural PropertyBack to Top

· See also cultural awareness & cross-cultural communication

· Cultural Protection Treaties and Other International Agreements, listed at The Fletcher School, Tufts University

· Executive Order 12555, Protection of Cultural Property (local copy), Signed: March 10, 1986 - Amended by: EO 13286 (local copy), February 28, 2003

· International Cultural Property Protection, U.S. State Department website

o Convention for the Protection of Cultural Property in the Event of Armed Conflict (local copy), done at the Hague, 14 May 1954

· Snipers in the Minaret? What Is the Rule? - The Law of War and the Protection of Cultural Property: A Complex Equation (local copy), by Corn, in The Army Lawyer, July 2005

· GTA 41-01-002, Civil Affairs: Arts, Monuments, and Archives Guide (local copy), U.S. Army, Mar 2005 - defines cultural property and discusses why and how it must be protected

Rules of Engagement (RoE)Back to Top

· Deadly Force Is Authorized, but Also Trained (local copy), by Martins, in The Army Lawyer, Sep-Oct 2001 - help with writing RoE's for a particular theater/situation

· The Military Commander & the Law, AFJAGS Press - see ROE section at the end

· Chairman of the Joint Chiefs of Staff Instruction (CJCSI) 3121.01A, Standing Rules of Engagement for US Forces

· DoD Directive 2311.01E, DoD Law of War Program (local copy) - reissues DoD Directive 5100.77, DoD Law of War Program (5100.77 is cancelled)

· CJCSI 5810.01B, Implementation of the DoD Law of War Program

· .mil references on Standing Rules of Engagement

· .mil references on Rules of Engagement

Preventive and PreemptiveBack to Top

· DoD Dictionary of Military Terms

o preemptive attack - (DOD) An attack initiated on the basis of incontrovertible evidence that an enemy attack is imminent

o preventive war - (DOD) A war initiated in the belief that military conflict, while not imminent, is inevitable, and that to delay would involve greater risk

o preventive deployment - (DOD) The deployment of military forces to deter violence at the interface or zone of potential conflict where tension is rising among parties. Forces may be employed in such a way that they are indistinguishable from a peacekeeping force in terms of equipment, force posture, and activities. See also peace enforcement; peacekeeping; peace operations.

Assassination - ProhibitionBack to Top

· Assassination Ban and E.O. 12333: a Brief Summary (local copy), Jan 2002 Congressional Research Service report

· DoD Directive 5240.1 - DoD Intelligence Activities (local copy), April 25, 1988

o 4.4. Under no circumstances shall any DoD employee engage in, or conspire to engage in, assassination.

· Executive Order 12333 -- United States intelligence activities (local copy), Dec. 4, 1981

o 2.11 Prohibition on Assassination. No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.

o 2.12 Indirect Participation. No agency of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order.

· Executive Order 11905 -- United States foreign intelligence activities (local copy), February 18, 1976

o (g) Prohibition of Assassination. No employee of the United States Government shall engage in, or conspire to engage in, political assassination.

· Assassination section of the Lieber Code, U.S. Army General Order No. 100 (local copy), published in 1863

Laws of War - PeacekeepingBack to Top

· The Laws of War and the Rules of Peacekeeping, by Baines, presented to the Joint Services Conference on Professional Ethics (JSCOPE), 1997

Posse Comitatus & Aiding CiviliansBack to Top

· See also Posse Comitatus Resources listed by AU Library

· See also Congressional Research Reports on disaster response by military

· See Military Assisting Civilian Authorities guidance at Center for Homeland Defense and Homeland Security Studies

· The Posse Comitatus Act and the United States Army: A Historical Perspective (local copy), by Matthews, Global War on Terrorism Occasional Paper 14, Combat Studies Institute, 2006

· Posse Comitatus and Nuclear Terrorism, by Quillen, in Parameters, Spring 2002

· Title 18

o US Code: Title 18, Sec. 1385. Use of Army and Air Force as posse comitatus

o US Code: Title 18, Part I, Chapter 113B, Sec. 2332a. Use of certain weapons of mass destruction -- includes definition of weapon of mass destruction

o US Code: Title 18, Part I, Chapter 113B, Sec. 2332e. Requests for military assistance to enforce prohibition in certain emergencies -- Attorney General may ask SecDef to assist DoJ activities related to chemical weapons of mass destruction -- The USA PATRIOT Act amended this Sec. to include all weapons of mass destruction.

o US Code: Title 18, Part I, Chapter 113B, Sec. 175a. Requests for military assistance to enforce prohibition in certain emergencies -- Attorney General may ask SecDef to assist DoJ activities related to biological weapons of mass destruction

o US Code: Title 18, Part I, Chapter 113B, Sec. 229E. Requests for military assistance to enforce prohibition in certain emergencies -- Attorney General may ask SecDef to assist DoJ activities related to chemical weapons

· Title 10

o US Code: Title 10, Subtitle A, Part I, Chapter 15 - Insurrection - including use of military for enforcing Federal authority and for aiding State governments with civil disturbances

o US Code: Title 10, Subtitle A, Part I, Chapter 18 - Military Support for Civilian Law Enforcement Agencies - including counter-drug activities and emergency situations involving chemical or biological weapons of mass destruction

· Title 42

o US Code: Title 42, Chapter 68, Section 5170a - General Federal assistance - "In any major disaster, the President may direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance efforts"

· Additional .gov and .mil references

EvidenceBack to Top

Some circumstantial evidence is very strong, as when you find a trout in the milk.
--- Henry David Thoreau

· See also Manual for Courts-Martial (MCM)
Military Rules of Evidence are Part III of the Manual for Courts-Martial
Appendix 22 of the MCM is Analysis of the Military Rules of Evidence

· Military Rules of Evidence (local copy), summary for Army 156th Officer Basic Course, September 2001

· Federal Rules of Evidence, 2006, posted at Cornell's Legal Information Institute

· Federal Rules of Evidence, December 1, 2002, printed for Congress (local copy)

· Law Enforcement Response at a Crisis Scene: Protecting Lives and Preserving the Admissibility of Evidence (local copy), by Hoover, in FBI Law Enforcement Bulletin, Apr 2006

· Rights of Military Members, overview from DIILS (local copy)

· Article 32 Pretrial Investigation: Investigating Officer's Guide, from USMC SJA (local copy)

· 1 June 1999 Change to Military Rules of Evidence (local copy), as posted by USMC SJA

· Biases in Evaluation of Evidence (local copy), chapter 10 from Heuer's book on Psychology of Intelligence Analysis for CIA

· 2001 Judge Advocate Officer Advanced Course Deskbook -- see chapters 5, 6, and 7

· FBI Handbook of Forensic Services (local copy) (check FBI site to see if updated)

· Reference Manual on Scientific Evidence (local copy), Federal Judicial Center publication

· Prosecuting Raskolnikov: A Literary and Legal Look at Consciousness of Guilt Evidence (local copy), by Stigall, in The Army Lawyer, Dec 2005

Air Force Law PubsBack to Top

· See also other military law journals & reviews

· See also other Joint, Air Force, Army, Navy, and Marine Pubs

· The Military Commander and the Law, from the Air Force JAG School

· AF Departmental Publications, Series 51, Law Pubs, bunch of 'em

o AFPD 51-2, Administration of Military Justice

o AFPD 51-7, International Law

o AFI 51-303, Intellectual Property - Patents, Trademarks, and Copyrights

o AFI 51-401, Training and Reporting to Ensure Compliance with the Law of Armed Conflict

Army Law PubsBack to Top

· See also other military law journals & reviews

· See also other Joint, Air Force, Army, Navy, and Marine Pubs

· FM 27-1, Legal Guide for Commanders

· FM 27-10, The Law of Land Warfare

· FM 27-14, Legal Guide for Soldiers

· FM 27-100, Legal Support to Operations

Web Virtual Law LibraryBack to Top

· Law on the Internet, WWW Virtual Library, maintained by Indiana University Law School

o Law Schools & Libraries

o Administrative Law

o Civil and Appellate Procedure

o Criminal Law and Evidence

o Constitutional Law

o Family Law

o Foreign and International Law

o Torts

o and More

Legal Search/Resources OnlineBack to Top

· Internet Legal Research Guides

· US Supreme Court

· Federal Courts Finder, from Emory Law Library, links to appeals courts and others

· Yahoo! Legal Links

· Law/Legal Information Resources

· FindLaw, Internet Legal Resources (like Yahoo!, but for lawyers)

· All Law

· CataLaw: Meta Index of Law and Government

· Internet Legal Resource Guide

· LAWS.COM

· LawGuru Search

· LAW.LINKS

· Laws Online

· The 'Lectric Law Library

· Legal Material - By Topic(Cornell Legal Information Institute)

· Legal Research Meta-Index

· The Mining Company - Current Events - Law

Documents OnlineBack to Top

· Documents in Law, History and Diplomacy, The Avalon Project at Yale Law School

o EXCELLENT library of documents from the last 2,000 years - organized by date blocks or by topics, and also searchable

· World Constitutions - online copies

· Official Document Libraries, as linked to by FAS site (GOOD)

· Intelligence Laws and Regulations, as indexed on FAS site

Legal Ethics and Standards of ConductBack to Top

· American Legal Ethics Library, a service of the Legal Information Institute

· U.S. Department of Defense Standards of Conduct Office

o Joint Ethics Regulations

By and/or About CongressBack to Top

· See also GAO and Congressional Research Service (CRS) reports

· Search the United States Code

· Thomas: Legislative Information on the Internet

· Library of Congress Guide to Law Online

· Library of Congress online Law Library

· Historical Documents on Thomas, such as Constitution, Declaration, Federalist Papers

· U.S. Congressional Internet Caucus Advisory Committee

NARABack to Top

· Office of the Federal Register, National Archives and Records Administration, incl public laws, presidential documents, admin. records, and search tools

· U.S. Public Laws, searchable database by National Archives and Records Administration

· The U.S. Government Manual, searchable, by National Archives and Records Administration

· NARA Code of Federal Regulations

Legal CentersBack to Top

· Legal Information Institute, Cornell Law School

o Legal Material Organized by Topic, GOOD

Environmental Law/GuidanceBack to Top

· Department of Defense Environmental Cleanup Homepage

o DoD Environmental Resources

· Environmental Protection Agency home page

o EPA page of Laws and Regulations re: environment

· Environmental Law, WWW Virtual Library, choose from topic list

· International Environmental Law and Naval War (local copy), Newport Paper No. 15

Regulatory Law & Intellectual PropertyBack to Top

· See also Copyright & Cyber Law page

· Regulatory Law & Intellectual Property

Appropriations LawsBack to Top

· DoD Appropriations Laws, list prepared by the Pentagon Library

Acquisition & Contract LawBack to Top

· FirstGov Law Links

· FedLaw -- Acquisition, Contracting, and Procurement

· U.S. Dept of Commerce, Office of General Counsel

o "A Lawyer's View" periodic publication of Contract Law Division of OGC

· Contracts, WWW Virtual Library, choose from topic list

Business and Employment LawBack to Top

· ELAWS, Dept of Labor's Employment Laws Assistance online, interactive compliance assistance tool

· Business and Commercial Law, WWW Virtual Library, choose from topic list

· Labor and Employment Law, WWW Virtual Library, choose from topic list

· General Accounting Office (GAO) Comptroller General Decisions Online

· General Accounting Office (GAO) Reports Online

· U.S. National Labor Relations Board, incl press releases, decisions, facts, and manuals

· Federal Labor Relations Authority (FLRA)

· Center for International Legal Studies, especially international business law

Continuing Legal EducationBack to Top

· Index to Continuing Legal Education - State Requirements, from the Internet Legal Resources Guide

· Index to Continuing Legal Education - State Requirements, from lexisONE

· List of sources of Continuing Legal Education, from the Internet Legal Resources Guide

· Continuing Legal Education providers, list from HierosGamos

· Continuing Legal Education providers, list from lexisONE

· Online Continuing Legal Education, from LegalSpan.com

Property and Tax LawBack to Top

· Property Law, WWW Virtual Library, choose from topic list

· Taxation, WWW Virtual Library, choose from topic list

Humanitarian LawBack to Top

· See also the Laws of War section

· International Committee of the Red Cross, incl links to publications and sites on International Humanitarian Law (incl special section re: armed forces, Geneva Protocols, anti-mine stuff, and "information for defence and military staff," which includes a "Guide for Professional Soldiers" re: law of war courses, info on laws re: lasers to refugees)

· UN High Commissioner for Refugees

o International Human Rights Instruments, as listed by the Office of the High Commissioner for Human Rights

Constitutions of the WorldBack to Top

· if you believe a constitution may have recently changed, check several of the sources below, since they differ as to how quickly they post new constitutions

· National Constitutions, listed by the Constitution Society

· Constitutions of the World, listed by FindLaw

· Constitution Finder

· International Constitutional Law

International LawBack to Top

· See also Civil-Law below

· United Nations International Law page - treaties, courts, etc.

· International Court of Justice, "the principal judicial organ of the United Nations"

· World Law Bulletin, monthly, from the Directorate of Legal Research at the Law Library of Congress - posted by FAS

· Library of Congress Guide to Law Online

· Library of Congress online Law Library

· Counter-Terrorism and the Use of Force in International Law (local copy), by Schmitt, George C. Marshall European Center for Security Studies

· Global Legal Information Network (GLIN) "is a database of laws, regulations, and other complementary legal sources. The documents included in the database are contributed by the governments of the members from the original, official texts which are deposited, by agreement of the members, in a server presently located at the Library of Congress of the United States of America"

· Treaties in Force, posted by State Dept

· USAF JAI, International and Operations Law Division, good handbooks, guides, and reference material

· Law and Policy Institutions - "In addition to domestic legal topics, this site provides information on significant international treaties, journals, and legal databases ranging from antiquity to the present and representing all nationalities."

· Defense Institute of International Legal Studies (DIILS), has presented programs to senior military and civilian government officials in 83 countries

o Rights of Military Members, overview from DIILS (local copy)

· The Growing, Unlimited Mission of the Defense Institute of International Legal Studies (local copy), by Hodgkinson and Jamison, in The DISAM Journal, Spring 2001

· Multilaterals Project, The Fletcher School, Tufts U. -- includes international agreements on a variety of topics, see Diplomatic section for the Convention on the Law of Treaties

· AFPD 51-7, International Law

· Foreign and International Law, WWW Virtual Library, choose from topic list

· Center for International Legal Studies, especially international business law

Establishing Rule of LawBack to Top

· See also lessons learned - establishing rule of law

· Rule of Law studies and reports, U.S. Institute of Peace (USIP)

· International Law Enforcement Academies (ILEA)

o "The ILEAs serve a broad range of foreign policy and law enforcement purposes for the United States and for the world. In addition to helping protect American citizens and businesses through strengthened international cooperation against crime, the ILEAs' mission is to buttress democratic governance through the rule of law; enhance the functioning of free markets through improved legislation and law enforcement; and increase social, political, and economic stability by combating narcotics trafficking and crime." [from State Department page on Purpose of ILEAs]

· French Algeria and British Northern Ireland: Legitimacy and the Rule of Law in Low-Intensity Conflict (local copy), by Campbell, in Military Review, Mar-Apr 2005

· Rule of Law - Confererence Report, July 2004 (local copy), sponsored by the U.S. Army Peacekeeping and Stability Operations Institute, with the U.S. Institute of Peace and the Asia-Pacific Centre for Military Law

· Defense Institute of International Legal Studies (DIILS) "provides expertise in over 330 legal topics of Military Law, Justice Systems, and the Rule of Law"

· Rule of Law page at State Department

· Strengthening the Rule of Law & Respect for Human Rights, USAID

o "USAID's efforts to strengthen legal systems fall under three inter-connected priority areas: supporting legal reform, improving the administration of justice, and increasing citizens' access to justice."

o - includes success stories and publications on topics such as fighting corruption and strengthening judicial systems

· Rule of Law in China, Congressional Executive Commission on China (CECC)

· additional gov and mil resources

· additional resources of all types

Civil-LawBack to Top

· A Primer on the Civil-Law System (local copy), by Apple and Deyling, for Federal Judicial Center (FJC)

Civil law is the dominant legal tradition today in most of Europe, all of Central and South America, parts of Asia and Africa, and even some discrete areas of the common-law world (e.g., Louisiana, Quebec, and Puerto Rico). Public international law and the law of the European Community are in large part the product of persons trained in the civil-law tradition. Civil law is older, more widely distributed, and in many ways more influential than the common law.

Despite the prominence of the civil-law tradition, judges and lawyers trained in the common-law tradition tend to know little about either the history or present-day operation of the civil law. Beyond the most basic generalitiese.g., the common law follows an "adversarial" model while civil law is more "inquisitorial," civil law is "code-based," civil-law judges do not interpret the law but instead follow predetermined legal rulesjudges and lawyers from the United States seldom have any deeper sense of the civil-law tradition.

This overview is designed for judges and lawyers who seek to expand their knowledge of the civil-law tradition and who might wish to consider the civil law system as a source of legal reforms

Islamic LawBack to Top

· See also Islam Is Not the Enemy on War on Terrorism page, with declarations of Islamic leaders and conferences

· Cultural, Religious, and Ideological Perspectives on the Just War Doctrine and the Customary Laws of Armed Conflict: Western (Catholic) and Islam (Shiite), by Pitts, Air War College paper, 2007

· Islamic Rulings on Warfare (local copy), by Aboul-Enein and Zuhur SSI, Oct 2004

· Legal Perspectives for Civil-Military Operations in Islamic Nations (local copy), by Foulk, in Military Review, Jan-Feb 2002

· Jihad's Captives: Prisoners of War in Islam (local copy), by Thomas, posted by USAFA Department of Law - examines some of the Islamic laws of war

· Centre of Islamic and Middle Eastern Law, University of London

· Islamic Law links on the web

· Usul al-Fiqh al Islami, book on Islamic Jurisprudence

· The Concept and Practice of Jihad in Islam, by Knapp, in Parameters, Spring 2003

· additional resources

HistoryBack to Top

· See also Historical Documents, including Constitution, Declaration of Independence, etc.

· U.S. Constitution Literacy Reader

· The Lieber Code, also known as U.S. Army General Order No. 100 (local copy), 1863, the basis for much of our modern laws of armed conflict

· The Magna Carta, from National Archives, incl discussion of its influence on U.S. Constitution (local copy)

· Documents in Law, History and Diplomacy, The Avalon Project at Yale Law School

o EXCELLENT library of documents from the last 2,000 years - organized by date blocks or by topics, and also searchable

o The Code of Hammurabi, at Yale Law School

· Legal History, at U. of Pittsburg - American legal history, ancient law, English legal history, and more

· Western Legal Tradition

· Medieval Legal History, at Fordham U.

· Medieval Law - ancient law, foundations of modern law, and more

· The Timetable of World Legal History

Space Law and TreatiesBack to Top

· Return to Space Operations page

· See Treaties page

· See Legal Aspects of Information Ops

· United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) - "the primary international forum for the development of laws and principles governing outer space"

· International Space Law, as listed by the United Nations Office for Outer Space Affairs (OOSA)

· Space Law (treaties, military, etc), Archimedes Institute

o Space Law & Policy Bibliography

· Forum on Air & Space Law, American Bar Association

· European Center for Space Law

· National Remote Sensing and Space Law Center, U. of Miss.

· Institute of Air & Space Law, McGill University

· International Institute of Air and Space Law, Leiden University

· International Institute of Space Law (IISL)

o Space Law Links, at International Institute of Space Law (IISL)

o Science & Space Law Institutions, at International Institute of Space Law (IISL)

· Spacelawstation.com

· Legal Aspects of Offensive Information Operations in Space (local copy), by Wingfield

· The Air Force Role in Developing International Outer Space Law, by Terrill, for AF History and Museums Program (local copy)

Freedom of Information Act (FOIA) and the Privacy ActBack to Top

· See also Congressional Research Service reports

· DoD Freedom of Information Act (FOIA) Program

· USAF Freedom of Information Act home page

· FOIA Online, US Navy Help Center

· Office of Information and Privacy, Dept of Justice

· Privacy Office of the U.S. Department of Homeland Security - including DHS Data Privacy and Integrity Advisory Committee

MiscellaneousBack to Top

· Military Justice and the Media: The Media Interview (local copy), by Schwenk, posted by USAFA Department of Law - examines interviews, pretrial publicity, and related matters

· Crime and Law Enforcement, library of links, from refdesk.com

· FirstGov Law Links

· FedLaw, GSA Legal Resources Law Library, laws, regs, etc, by GSA, incl state links

· ALI-ABA, American Law Institute - American Bar Association Committee on Continuing Professional Education

· U.S. Office of Government Ethics, incl links/pubs

· American Bar Association Network

· Intro to Basic Legal Citation, by Martin, Cornell Law School

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