The Army Lawyer | Issue 6 2020View PDF

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.

Reviewed by Major Adam E. Choate | “Struck dead by an angel of God! Yet the angel must hang!”

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 International Military Tribunal (IMT) in particular.

By Fred L. Borch III | Seventy-five years ago, on 20 November 1945, an international military court in Nuremberg, Germany, began criminal pro-ceedings against twenty-two high ranking Nazis. Charged with having committed “crimes against humanity,” “crimes against peace,” and “violations of the laws and cus-toms of war,” the defendants were tried by four judges—one American, one French-man, one British, and one Russian.

By Fred L. Borch III | Forty years ago, on 7 November 1980, General Edward C. “Shy” Meyer, then serv-ing as Army Chief of Staff, approved the permanent establishment of the U.S. Army Trial Defense Service (USATDS).

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 noncommissioned officers (NCOs) have been chosen to attend law school at Army expense.

By Colonel Jeffrey S. Thurner, Major Donel J. Davis, Chief Warrant Officer 2 Tia M. Simmons, & Sergeant Major Matthew A. Wilkerson | Beginning on 31 December 2019, the 82d Airborne Division executed its most significant no-notice deployment in more than thirty years.1 As tensions with Iran escalated, nearly 3,500 paratroopers of the Army’s Immediate Response Force (IRF), including 10 judge advocates (JAs) and paralegals, rapidly deployed to the Middle East.2 The first elements of this force departed Fort Bragg fewer than eighteen hours after receiving orders. The rest of the force joined shortly thereafter and maintained a presence in the U.S. Central Command area of responsibility for several months, ensuring the nation was ready to rapidly and decisively respond to any acts of aggression.

By Major M. Keoni Medici & Major Joshua P. Scheel | Private Myo Win Tun said his commanding officer’s order was clear.

By Major Carling M. Dunham | Some crimes stay hidden for decades and then surface near the end of Soldier's career.

By Major Isaiah M. Garfias, Captain Charles R. Eiser, & Captain David J. Bryant | The Department of Defense (DoD) response to the coronavirus disease of 2019 (COVID-19) is a domestic response on a scale never before seen. United States Army North (USARNORTH)—the Army Service Component Command responsible for domestic response operations, headquartered in Joint Base San Antonio- Fort Sam Houston, Texas—led the Army’s response effort to this catastrophic event.

By Sandra Franzblau & Mark “Max” Maxwell | There is a relationship between a military that abides by the rule of law and governance consistent with democratic values.

By Major Andrew M. Lewis | The complicated history of determining lesser included offenses (LIOs) under the Uniform Code of Military Justice (UCMJ) gained a new chapter with the Military Justice Act of 2016 (MJA 2016).

By Major Gregory L. Collins | A cloud of tension hovers over the Combatant Command operations center.2 Two adjacent States are quickly destabilizing after a recent natural disaster.

By Major Beau O. Watkins | In the summer of 2018, the U.S. Attorney General’s office requested the Armed Services provide twenty-one active duty and reserve judge advocates (JAs) to assist in handling criminal illegal immigration cases.

By Colonel Fansu Ku | The theme for this issue of the Army Lawyer is Readiness.