This is an edited transcript of a lecture delivered on 28 February 2003 by Professor Michael N. Schmitt to the members of the staff and faculty, distinguished guests, and officers attending the 51st Graduate Course at The Judge Advocate General's School. Given the uniqueness of the war on terrorism, this document revisits the significance of Bellum Americanum. The war on terrorism has presented significant challenges to the jus in bello. This document considers the controversies over the term "military objective" during Operation Allied Force or the refusal to characterize detainees as "prisoners of war" during Enduring Freedom. Most normative disquiet during this period has surrounded the jus ad bellum; therefore, that body of law is the focus of this document.
|Author:||Schmitt, Michael N.|
|Publisher:||Judge Advocate General's Legal Center and School (United States. Army)|
|Source:||Military Law Review, June 2003, v.176, p.364-421|