Abstract The Bush Administration strongly believes that the events of September 11th have created conditions under which a Military Order calling for military courts - essentially militarytribunals - is justified. The predominate reason given is that the militarytribunal will provide an atmosphere in which individuals who are terrorists or who are affiliated with terrorists can be brought to justice. This paper examines the nature of a militarytribunal through ethical arguments
Abstract The paper argues that militarytribunals are necessary and perfectly acceptable in post-9/11 America because there are constitutional and legislative precedents which allow for them. The paper asserts that as long as the President follows basic international laws vis-a-vis the treatment of prisoners who are detained and brought before American militarytribunals, he is under no obligation to grant them the same constitutional rights and protections American citizens would enjoy in a civilian court-room.
From the Paper "Of course, critics of the existing military tribunals are legion - not least of all because the tribunals have in place laws that seem diametrically opposed to the procedural (even substantive) laws that have under-girded Anglo-American law for centuries. When the Bush Administration first set forth its guidelines for military tribunals near the end of 2001, the public outcry was considerable for the simple reason that the new measures seemed remarkably free of any rules at all. For instance, the Bush policy precluded any review of tribunal decisions by an independent court; as well, the rules of evidence were such that any material submitted for the tribunal's consideration was admissible just so long as it had "probative value to a reasonable person" (Knowland, para.8). Going further, convictions and sentencing required only a two-thirds vote and not unanimity."
Abstract The paper discusses the case of Jose Padilla, arrested on May 8, 2002 because it was believed that he was conspiring with Al Qaeda Terrorist to detonate a radioactive "dirty bomb" within the U.S. The paper shows that Padilla's arrest and subsequent imprisonment has been the subject of an on-going legal debate and at the present time Padilla is being held as an enemy combatant, which means that he is subject to MilitaryTribunal instead of the civil court system and can be held without being charged until the War On Terrorism is over. The essay discusses both sides of this legal debate and determines which viewpoint is the most constitutional and credible.
From the Paper "Many legal experts believe that the U.S. does not have grounds to hold him as an enemy combatant. They contend that his imprisonment is unconstitutional because he is being held even though he has not been charged with a crime. Padilla's lawyer believes that he is in custody based on information that is circumstantial and that he should be released. They also believe that his detainment is based on the idea that he may be able to provide investigators with important information about forthcoming terrorist attacks on the country."
Tags: Attorney, General, John, Ashcroft, Quirin, Posse, Comitatus, Act
Abstract The challenges facing the war crimes tribunals in Bosnia are examined in this paper. The writer discusses these tribunals, established under the Dayton Accords, and presents their analysis as an example of the problems facing war crimes tribunals. The writer also examines the concept of ethnic cleansing.
From the Paper "... the fragmentation of the former Yugoslav Federation led to an outbreak of civil warfare and ethnic violence in the Balkans particularly in Bosnia-Herzegovina. Concentration camps, mass murders, mass expulsions and other indicators of genocide became widespread and the term ethnic cleansing was added to the century's lexicon of horrors. The international ...
Abstract The following paper examines the development of war crime tribunals over time, from the Nuremberg trials to the present manifestations. The paper traces the continuity of the laws during the period in question and examines the relative strengths and weaknesses of the various tribunals that have emerged in the last six decades. The paper concludes by noting the future is fraught with difficulty - but also promise - for these tribunals.
From the Paper "In the past century, humanity has borne witness to some of the most gruesome and disturbing acts of barbarity in recorded history. It is because of these acts, and because of the troubling prospect they may occur yet again, that civilized society has seen the need for the creation of war tribunals to both punish iniquitous leaders and to educate future generations on the evils of which men and women are capable. With this in mind, the following paper will examine the history of war crimes tribunals from the present with special emphasis being placed upon the law behind the tribunals, why these tribunals were established, the problems encountered in creating them, the advantages and disadvantages inherent in them and the future that appears to belong to them."
Abstract The paper discusses the Australian Constitution's three branches: the legislative, the executive and the judicial. The paper explores the ambiguity between the powers of these branches and reveals which arm has the power to overrule the decision of another. The paper examines the proposal to amalgamate the current available administrative system into one 'super tribunal', the Administrative Review Tribunal.
From the Paper "The Administrative Appeals Tribunal (AAT) was established under the Administrative Appeals Tribunal Act 1975 (Cth). The AAT Act makes provisions for the administrative review of decision made in the exercise of powers that have been conferred by an Act of the Parliament of the Commonwealth."
"The AAT is an independent tribunal that has the power to review and decide administrative decisions made by the Commonwealth Government ministers and officials. Its system of review is based on merits; therefore the tribunal is not restricted to considerations which are relevant to judicial determinations. Based on the material before the Tribunal is able to decide if a decision made was the best possible decision in that particular case Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577."
Abstract This paper analyzes the Chicago Tribune's on-line strategy. It discusses the company's efforts to determine what should make up on-line news content. The author explores the differences between the print version of stories in the newspaper and the online version.
From the Paper "The Chicago Tribune is one of the nation's most respected newspapers and it has become a respected source of news on the Internet as well. The parent company, the Tribune Company had expanded into television, radio and newspaper ..."
Tags: chicagotribune.com, chicago tribune, case study
Abstract This paper explores the growing cocaine and marijuana market in Latin American countries and the lack of local resources available to prevent this valuable and profitable industry from expanding even more. The writer of this paper details the U.S. military's role in aiding these countries, as well as the cost to the American people, while pondering if the American military should even be involved in drug related issues outside the U.S. The cost for the military intervention in the war on drugs continues to rise and has created entirely new perceptions about money and the military both within and outside the U.S. This paper discusses the military involvement in the war on drugs and cites the leading recipients of aid, military equipment, training and personnel. This paper also delves into a program, involving military participation, which was recently introduced in Congress, called the Western Hemisphere Drug Elimination Act. This act would authorized $2.3 billion over three years for military hardware, personnel, training and a small amount for alternative crop development in various Latin American countries.
From the Paper "Even though the House and various representatives have called on military action, the Pentagon was reluctant- albeit, it finally was dragged into it. Even though the Pentagon budget continues to grow, year after year, there are still concerns that legislators who dole out the tens of millions of dollars are underestimating the total cost. In a recent report to the House and Senate armed services committees, the Department of Defense estimated that "24-hour surveillance of the U.S. 'southern fence', the border from Jacksonville, Florida, to San Diego, full interdiction capability, and C13 programs, would cost between $480.4 million and $760.5 million annually, depending on the equipment mix ." All this money without a single soldier leaving the continental U.S.- even though advisers may now be operating in the various targeted Latin American countries. All that has been publicized, and strongly so, are planes and equipment, everything from helicopters to flame throwers which are supposed to be used by the local troops."
This paper examines the available research regarding the impact to soldiers of extended military deployments which include: Divorce, mental illness, substance abuse and domestic problems.
Abstract The writer of this paper details the current research which proves that longer tours of duty in the military carry with them many negative effects. Higher rates of mental illness, divorce, substance abuse and more difficult and lengthy family problems can result from extended military deployments. The writer explores the short and long term problems associated that affect the soldier, the soldier's family, the military in general and even the economy. This paper also examines the effects of the 'stop loss' program, which went into effect in 2002 and entails keeping soldiers on active duty and redeployed even beyond their anticipated discharge from the service. From the ability of the military to recruit new soldiers to the morale of the individuals, longer deployments continue to cause problems in the military services.
One major area of concern relating to longer deployments, detailed in this paper, is that of the mental health impact on the soldiers.
From the Paper "Along with the mental issues related to longer deployment, family problems also increase as deployment length increases. Studies following the Afghanistan conflict and the Iraq war showed that divorce rates among families with deployed military members increased as much as 37 to 56 percent. These high rates often come from the added stress of unknown lengths of tours. A study conducted by the Walter Reed Army Institute of Research and the U.S. Army Research Institute showed the "key impact on family appeared to be the length of the tour." Sixty eight percent of respondents noted that a year of active service overseas was worrisome, and would cause family difficulties. Additionally, spouses of those deployed noted that their soldiers had recently completed a lengthy deployment and were redeployed, expanding the total separation up to 24 months or more."
Abstract This paper explores the lack of enforcement of proper moral and ethical behavior in the U.S. military. This well-researched paper details various landmark military cases, including the racially biased case involving Jackie Robinson and the Tuskegee Airmen, as well as the Tailhook scandal, in which an active duty lesbian officer was dismissed due to her sexual preference. This paper examines the official "don't ask, don't tell" policy regarding homosexuality in the military. The writer of this paper compares the moral and ethical make-up of the military in the 1950s to the present, while stressing that racism, homophobia and sexual misconduct still exists.
From the Paper "Because of the election coming on and Wendell Wilkie cutting into the usually Democratic Negro vote, President Roosevelt gave the approval for a Negro air force squadron to be formed and trained at Tuskegee airfield. The story has it that Eleanor Roosevelt stopped by to visit, and told a pilot that she heard Negro men could not fly planes. When one pilot promised to show her, she allegedly got into the plane and took off with the black pilot. All through their training, they were apart from white pilots They were at separate airfields so there would be no "mingling". As the war lengthened and the need for pilots increased, more and more black cadets were brought to Tuskegee. But, they continued to be segregated. And they were segregated when they flew their missions in Italy."
Abstract This paper suggests ways in which military spending is affected by the economy and ways in which military spending affects the economy. The author notes that the military, just as business, needs to seek a proper balance between income and expenditures. The paper relates that the majority of military expenditures go for personnel and equipment.
From the Paper "The economics of the military on one level is the same as for any business, with a need for a proper balance between income and expenditures, with the latter going largely for personnel and equipment. One difference is that the military can always ask for increased funding and will usually get it from Congress, while a business can only increase sales, get a loan, or improve the bottom line by reducing expenditures. Both are also affected by macroeconomic forces largely out of their control, but the effect on the military is not always in keeping with the strict rise and fall of the macro-economy. Changes in the macro-economy can affect military spending in the same way they affect other forms of public spending, by adding to or reducing the revenue collected through taxes and so adding to or reducing the amount of money to be spent."
Abstract The paper examines the role of Japan's military on the world stage. The paper relates that historically, Japan's military has served an imperialistic world internationally, however, today there are other countries in Asia whose economic and military might is equal that of Japan's. The paper shows how for this reason, Japan's approach and use of the military has to be more diplomatic.
From the Paper "In the twentieth century, Japan's military role was pretty much defined by expansionism and imperialism. From the first Sino-Japanese War of the late nineteenth century to the end of the World War II, Japan was a major military power in the world. After the defeat of Japan in 1945 and the end of the War, Japan spent a great deal of time redeveloping the country and defining its role on the international scene. During this period, Japan expanded its economic influence in foreign markets, as the United States became the primary trading partner."
Abstract The book that Binnendijk edits, Transforming America's Military, is his latest publication, having been released in 2002. This significant assessment of America's military seeks to pose the state of change that exists in the U. S. military, a state of change brought on by rapid technological advancements.
This paper reviews "Banishing Bureaucracy" by David Osborne and Peter Plastrik which focuses on the importance of cultural change as one of the five strategic components needed in making various bureaucracies and military organizations more efficient.
741 words (approx. 3 pages), 0 sources, 2006, $ 26.95
Abstract This paper focuses on the opinions of authors David Osborne and Peter Plastrik who both contend that it's imperative to change the existing culture of a bureaucratic or military organization in order to make it more efficient and systematic. In Osborne and Plastrik's book "Banishing Bureaucracy," the authors stress the need to replace old habits with new commitments in order to improve both productivity and output in any bureaucratic organization. The authors detail the manner in which these changes are to be implemented in order to achieve maximum success. Two examples of cultural change detailed in this paper include that of dress requirements in the military, followed closely by protocols of behavior. The underlying values of loyalty, faithfulness and unselfishness to the point of self-sacrifice are intangible aspects of the military's culture that have a very pervasive influence on the environment of the organization.
From the Paper "It is important to analyze an organization's culture when attempting to make any changes in the organization in order for the changes to be successful. This is especially true if the focus is being changed to be in line with an entrepreneurial organization that is customer driven. Core parts of the culture would need to be manifested in the new organization. Secondary components of the culture must then be changed in order to match with the changing organization. You cannot change an organization in opposition to its culture. Either components must be carried over and incorporated appropriately into the new organization or else the culture must change. For instance, the power structure of the military is an integral part of its hierarchy and success."
Abstract This paper discusses the evolution of U.S. military satellite communications, the improvements made upon each new program and the impact on today's military. It looks at the requirements of today's military force and the main objectives of the satellite communications program.
From the Paper "For today's modern warfighter the ability to communicate effectively is the key to success on the battlefield. U S soldiers must operate covertly in unfamiliar and hostile territory and they must know where their allies are, where their enemies are and what each is doing. Today's military must be lighter, more mobile and more lethal and the improvements made in military satellite communications ..."
Tags: milsatcom, satellites, communication, military, command control
