Bellum Americanum Revisited: U.S. Security Strategy and the Jus ad Bellum   [open pdf - 439KB]

Schmitt argues, "since law tends to react to conflict, it is sensible to begin by considering the nature of future conflict and the strategies designed to address it. It might then be possible to identify where such strategies fit existing legal norms, where reinterpretation of those norms might be necessary, and where there is an overt mismatch between law and strategy." This article addresses "where strategies conflict with law, thereby necessitating a change in one or the other, or at least an acceptance of the costs of being labeled as lawless." Schmitt looks at the U.S. vision of future conflict, as well as the strategies articulated to deal with such conflict."

Author:Schmitt, Michael N.
Publisher:Judge Advocate General's Legal Center and School (United States. Army)
Copyright:Public Domain
Media Type:application/pdf
Source:Military Law Review (June 2003), v.176, p.364-421
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