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The Army Lawyer | Issue 3 2023View PDF
All Posts Author: Hannah Zeigler

Practice Notes: “Battle Cry of Freedom”

Reconstruction was a unique time in American history. It is the only time since the Nation’s founding that a significant portion of U.S. territory came under the jurisdiction of U.S. military courts and tribunals.1 What is perhaps even more amazing is that these military tribunals enforced what we would today call Federal civil rights suits, attempting to ensure the postwar South upheld the ideals of the Fourteenth and Fifteenth Amendments.2

Practice Notes: Punitive Versus Protective Debarment Regimes

Many governments use an administrative process, commonly known as “debarment” to mark problematic contractors as ineligible for future public contracts.1 While many acquisition professionals view the United States’ administrative—or discretionary—debarment system as a punitive process, it is, in fact, a protective one.2 However, the current U.S. administration has recently issued a robust whole-of-government strategy on countering corruption, which has increased the Government’s focus on anti-corruption enforcement.3

Feature No. 1: In the Hope for Peace

The United States of America has been committed to the right conduct of war and has paved the way for nations to establish clear rules during conflict. Lofty goals of peace and justice have laid the groundwork for real-world tactics and operations: in his farewell address, President George Washington called on his fellow citizens to strengthen their unity through peace.1 In 1963, President John F. Kennedy exhorted the graduates of American University that as we “safeguard our national interests, let us also safeguard human interests.”2

Feature No. 2: The Tree of Battles

To appreciate the importance of the principles of the law of armed conflict (LOAC), judge advocates (JAs) must consider their historical endurance. The law of armed conflict has long roots, some buried so deep they have been largely forgotten. Yet these lesser-known precursors also played a crucial role in LOAC development. One forgotten pioneer hailed from a fourteenth-century French monastery, where he struggled to promote the LOAC principles of honor, humanity, and distinction.

Closing Argument: The Courage to Grow through Mistakes, Failures, and Setbacks

Common experience tells us that most people endure challenges and failures. With each challenge and failure, we have the opportunity to decide how that experience will shape us. Within this general context, we consider how to hone our ability to face challenges and how we can develop resilience that helps us endure and grow despite the ever-present risk of failure.