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The Army Lawyer 2020 Issue 6 - The Judge Advocate General's Legal Center & School
The Army Lawyer | Issue 6 2020
By Command Sergeant Major Osvaldo Martinez Jr.: For more than two centuries, the Army has taken great pride in its people—our most valuable weapon system. In the last few years, as we have...
Billy Budd, Sailor
Reviewed by Major Adam E. Choate: “Struck dead by an angel of God! Yet the angel must hang!”1 The goals of military justice are timeless, as are the struggles of its practitioners. Every...
Soviet Judgment at Nuremberg
Reviewed by Fred L. Borch III: This truly groundbreaking book should be read by every lawyer with an interest, general or otherwise, in the law of armed conflict (LOAC) and the...
The Nuremberg Trials at 75
By Fred L. Borch III: Seventy-five years ago, on 20 November 1945, an international military court in Nuremberg, Germany, began criminal proceedings against twenty-two high ranking...
TDS at 40
By Fred L. Borch III: Forty years ago, on 7 November 1980, General Edward C. “Shy” Meyer, then serving as Army Chief of Staff, approved the permanent establishment of the U.S. Army Trial...
An Historic First in Our Corps
By Fred L. Borch III: Late last year, two Staff Sergeants (SSG) and one Sergeant (SGT) were selected for the Funded Legal Education Program (FLEP)—the first time in history that...
Anywhere in the World in 18 Hours
By Colonel Jeffrey S. Thurnher, Major Donel J. Davis, Chief Warrant Officer 2 Tia M. Simmons, & Sergeant Major Matthew A. Wilkerson: Beginning on 31 December 2019, the 82d...
Training the Defense of Superior Orders
By Major M. Keoni Medici & Major Joshua P. Scheel: Shoot all you see and all you hear.1Private Myo Win Tun said his commanding officer’s order was clear.2 As a result, in August of 2017,...
Hate the Sin, Not the Sinner's Family
By Major Carling M. Dunham: You’re retired—goodbye tension, hello pension!1Some crimes stay hidden for decades and then surface near the end of a Soldier’s career.2 Crimes committed at...
U.S. Army North OSJA Actions in the COVID-19 Response
By Major Isaiah M. Garfias, Captain Charles R. Eiser, & Captain David J. Bryant: The Big PictureThe Department of Defense (DoD) response to the coronavirus disease of 2019 (COVID-19)...
Adherence to the Rule of Law in African Militaries
By Sandra Franzblau & Mark "Max" Maxwell: Nations must create a military its people run to, not run from.1There is a relationship between a military that abides by the rule of law...
The Lego Test for Lesser Included Offenses
By Major Andrew M. Lewis: The question of what constitutes a lesser-included offense [in the military justice system] . . . is a Hydra.1The complicated history of determining lesser included...
Combining Traditional and Progressive Jus ad Bellum Threat Evaluations in Response to Autonomous Weapon Systems
By Major Gregory L. Collins: As was true in previous armed conflicts, this new technology raises profound questions–about who is targeted, and why; about civilian casualties, and the...
A JA on the Rio Grande
By Major Beau O. Watkins: Del Rio is not the edge of the Earth, but you can see it from there.1In the summer of 2018, the U.S. Attorney General’s office requested the Armed Services...
Maintaining Readiness Through Commemoration at the Bataan Memorial Death March
By Colonel Fansu Ku: We’re the battling bastards of Bataan;No mama, no papa, no Uncle Sam.No aunts, no uncles, no cousins, no nieces,No pills, no planes, no artillery pieces And nobody...