1017 - war so it’s illegal 1. We haven’t declared war...

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10/17 1. Capt. Murdough of US Army (O3)--assigned to infantry 1. Going to return after schooling as JAG lawyer 2. (Arguing against Watada’s reasoning) 3. Watada--Illegal Order Defense (jus ad bello: arguing that it is not a legal war-- it’s a war of aggression and therefore a crime against peace, and he will be responsible for it) 1. International Law 1. Nuremberg Principles 1. 4: obeying orders is not an excuse--if you commit a war crime, you’re responsible even if you’re ordered to do it 2. Geneva Conventions 1. Prohibit wars of aggression and “crimes against peace” 2. (if you can’t be held responsible for it, you can’t refuse it--soldiers do not get held accountable for the legality of wars because they can’t start or end a war) 3. Congress only ones allowed to declare war, and this is an undeclared
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Unformatted text preview: war so it’s illegal 1. We haven’t declared war since 1942, but we’ve fought in almost a dozen since--the legality of these wars have never been contested successfully 4. (jus in bello: just because one person commits a war crime does not mean everyone will be held accountable) 2. 2006 1. I.R.R.-Individual Ready Reserve (you sign up for 8 years) 1. People usually finish their service in a shorter span of time--even after released though, can still be called back if it’s within the 8 year contract 2. Stop-Loss 1. Can be kept as long as the military needs you (longer than scheduled) 3. N.G/R. 1. ½ of our forces are National Guard or Reserve (weekend military members)--being activated and sent over-seas 2. Repeat deployments...
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This note was uploaded on 12/08/2011 for the course LEGAL 297 taught by Professor Kelleher during the Fall '08 term at UMass (Amherst).

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