EPISODE · Mar 24, 2022 · 28 MIN
The Law of War with Judge James Baker (Part 2)
from National Security Law Today
(Part 2 of 2) – It’s the largest military conflict in Europe since World War II. And in just 4 weeks, Putin’s playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states? Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 The Nuremberg Principles: https://ihl-databases.icrc.org/ihl/INTRO/390 Title 18 U.S. Code 2441, War Crimes: https://www.law.cornell.edu/uscode/text/18/2441 Executive Order 901: https://www.law.cornell.edu/uscode/text/5/901 Executive Order 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Department of Defense Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190 James E. Baker, “Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/ “Biden call Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal “U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/ “Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/
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The Law of War with Judge James Baker (Part 2)
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