The article argues that recent executive overreach and politicization have severely undermined established norms of U.S. civil-military relations. To restore professional standards, the incoming Congress must actively exercise its oversight powers, moving beyond mere criticism to demanding transparency in defense policy and personnel decisions. Key reforms include enforcing meritocratic promotion processes, requiring documented justification for senior officer removals, and preventing the partisan use of the military. These actions are crucial for bolstering public trust and ensuring the military remains a nonpartisan instrument of civilian control.
The Criminal State: War, Atrocity, and the Dream of International Justice
English Summary
The article chronicles the historical struggle to establish international accountability for state-sponsored war crimes and atrocities. While milestones like the Nuremberg Tribunal successfully expanded international law to recognize 'aggressive war,' the system remains hampered by persistent legal ambiguities. Specifically, the lack of definitive legal clarity regarding 'crimes of aggression' continues to frustrate efforts to prosecute state perpetrators effectively. Policymakers must therefore focus on refining and strengthening international legal norms to close jurisdictional loopholes and ensure that the pursuit of justice is not undermined by legal uncertainty.
中文摘要
本文追溯了建立國際層面對國家支持的戰爭罪和暴行問責制的歷史鬥爭。儘管紐倫堡審判等里程碑成功地將國際法擴展至承認「侵略戰爭」,但該體系仍受困於持續存在的法律模糊性。具體而言,缺乏關於「侵略罪」的明確法律界定,持續阻礙了有效起訴國家行為者的努力。因此,政策制定者必須專注於完善和強化國際法律規範,以彌補管轄權漏洞,確保追求正義的努力不會因法律不確定性而受損。
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