A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.

This case- and workbook systematically presents all significant case types concerning the law of fair trading by means of recent decisions by Germany's highest courts. It contains examination strategies, solution outlines and descriptive illustrations. This work lends itself ideally not only to exam preparation for the specialized-subject exam but also to the systematic study of the law of fair trading.

This book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.

VA's adaptive sports grant program distributes $8 million annually to organisations that provide sports activities for veterans and service members with disabilities. The U.S. Olympic Committee (USOC) played an intermediary role from fiscal year 2010, when the program was implemented, through 2013. USOC received funds from VA and subgranted them to selected grantees. VA is now responsible for selecting grantees and program administration. This book reviews how VA selected grantees to provide activities for veterans and service members with disabilities; how VA monitors grantees' use of funds; and what programs and activities were supported with fiscal year 2014 funds, and what is known about its benefits.

It has been three years since Congress enacted the FAA Modernization and Reform Act of 2012 (FMRA), calling for the integration of unmanned aircraft systems (UAS), or "drones," into the national airspace by September 2015. During that time, the substantive legal privacy framework relating to UAS on the federal level has remained relatively static: Congress has enacted no law explicitly regulating the potential privacy impacts of drone flights, the courts have had no occasion to rule on the constitutionality of drone surveillance, and the Federal Aviation Administration (FAA) did not include privacy provisions in its proposed rule on small UAS. This issue, however, has not left the national radar. Congress has held hearings and introduced legislation concerning the potential privacy implications of domestic drone use; President Obama recently issued a directive to all federal agencies to assess the privacy impact of their drone operations; and almost half the states have enacted some form of drone legislation. This book provides a primer on privacy issues related to various UAS operations, both public and private, including an overview of current UAS uses, the privacy interests implicated by these operations, and various potential approaches to UAS privacy regulation.

The Department of Defense (DOD) and the Department of Veterans Affairs (VA) play key roles in offering post-combat support to servicemembers and veterans through various programs and activities. This book identifies the number of programs, including the types of services offered that address the effects of combat on post-9/11 active-duty servicemembers and their families; help post-9/11 servicemembers and veterans transition to civilian life; and help raise public awareness and understanding of servicemembers' and veterans' combat and transition experiences.

This book compares and contrasts the administration of the Post-9/11 Veterans Educational Assistance Act of 2008 enacted as Title V of the Supplemental Appropriations Act, 2008 and Federal Pell Grants, as authorized by Title IV-A-1 of the Higher Education Act (HEA). The Post-9/11 GI Bill provides educational assistance payments to eligible servicemembers and veterans, and their dependents. One of its primary objectives is readjustment of veterans to civilian life and the workforce. The federal Pell Grant program provides grant aid payments to eligible and financially needy undergraduate students, regardless of military service record. One of its primary objectives is to increase postsecondary education access of low-income individuals. This book investigates whether the administrative processes supporting Pell Grants can provide lessons for achieving more timely, efficient, and student-friendly administration of the Post-9/11 GI Bill, thus ensuring that it achieves its policy objectives with respect to educational achievement of the target population. Furthermore, the book examines the extent of overpayments made in the Post-9/11 GI Bill; how effectively VA has addressed their causes; and the effectiveness of VAs collection efforts.

This book provides insights into the political, social and health issues for Veterans in today's society. Chapter One explores the emotions of shame and guilt in Veterans based on research examining moral injury, survivor guilt, military sexual trauma, and stigma. Chapter Two provides an overview of agricultural initiatives in the transition and reintegration of Veterans. Chapter Three explores the political, social, and health management changes that have occurred in the field of chronic, non-cancer pain in order to provide world class service for our nation's Veterans. Chapter Four reviews the Emotional Freedom Technique to treat Veterans with Post Traumatic Stress Disorder (PTSD). Chapter Five offers suggestions based on clinical experiences for when and how to include family members in Prolonged Exposure (PE) therapy for PTSD, while maintaining fidelity to the treatment protocol. Chapter Six explores research that has been conducted upon the oral health of veterans since 2000. Chapter Seven examines potentially mutually exclusive objectives utilising the principles of beneficence and nonmaleficence in relationship to bioethics and the concept of need. Chapter Eight discusses the continued existence of ethnic disparities in health care for U.S. Veterans Affairs Emergency Departments.

The laws and regulations regarding the preferences in hiring that can or must be given to veterans and certain family members are extremely complex. The preferences vary by the specific circumstances of the veterans and the hiring authorities being used. Some veterans can be non-competitively appointed, while other veterans may not be eligible for that same hiring authority, and the availability of an authority may depend on the grade of the position being filled. The right of a veteran to have his or her application considered for a position may depend on whether an agency is considering applicants who are internal to Government but outside the agency's own workforce. The degree of preference owed can vary by agency or position being filled. Under certain circumstances, the mother of a veteran may be eligible for preference, whereas the father would not be eligible. There are many other examples of how veterans may be treated differently under the law, but to put the message more simply: the laws relating to veterans' preference invite misunderstandings, confusion, perceptions of wrongdoing, and possibly actual wrongdoing -- whether intentional or inadvertent. This book discusses hiring authorities pertaining to veterans, the hiring of veterans under those authorities, and employee perceptions about veteran hiring. It also describes the statutes and pertinent case decisions for two laws designed to protect the employment rights of veterans in the civil service.

The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.

The Department of Defense (DOD) has long relied on contractors to provide the U.S. military with a wide range of goods and services, including weapons, food, uniforms, and operational support. Without contractor support, the United States would be currently unable to arm and field an effective fighting force. Understanding costs and trends associated with contractor support could provide Congress more information upon which to make budget decisions and weigh the relative costs and benefits of different military operations -- including contingency operations and maintaining bases around the world. Obligations occur when agencies enter into contracts, employ personnel, or otherwise commit to spending money. The federal government tracks money obligated on federal contracts through a database called the Federal Procurement Data System-Next Generation (FPDS). There is no public database that tracks DOD contract outlays (money spent) as comprehensively as obligations. This book examines how much money DOD obligates on contracts; what DOD is buying; and where that money is being spent. This book also examines the extent to which these data are sufficiently reliable to use as a factor when developing policy or analyzing government operations. In addition, this book provides background information and identifies issues for Congress on the use of contractors to support military operations. DOD's extensive use of contractors poses several potential policy and oversight issues for Congress and has been the focus of numerous hearings. Congress' decisions on these issues could substantially affect the extent to which DOD relies on contractors in and is capable of planning for and overseeing contractors in future operations.

Whistleblowers play an important role in safeguarding the federal government against waste, fraud, and abuse. However, reporting wrongdoing outside the chain of command conflicts with military guidance, which emphasises using the chain of command to resolve problems. Whistleblowers who make a report risk reprisal from their unit, such as being demoted or separated. DOD's Office of Inspector General's (DODIG) is responsible for conducting and overseeing military whistleblower reprisal investigations. This book examines the extent to which DOD met statutory notification and internal timeliness requirements for completing military whistleblower reprisal investigations; DODIG's whistleblower case management system supports oversight of reprisal investigations; and DOD has processes to ensure oversight of service IG-conducted reprisal investigations. It also describes best practices for conducting military reprisal and restriction intakes and investigations.

Non-disability mental conditions, such as personality disorders, can render a service member unsuitable for military service and can lead to an administrative separation. This book examines the extent to which the Department of Defense (DOD) and the military services are able to identify the number of enlisted service members separated for non-disability mental conditions, and the military services are complying with DOD requirements when separating enlisted service members for non-disability mental conditions, including personality disorders, and how DOD and the military services oversee such separations.

This book provides background information and presents potential issues for Congress concerning the Navys ship force-structure goals and shipbuilding plans. The planned size of the Navy, the rate of Navy ship procurement, and the prospective affordability of the Navys shipbuilding plans have been matters of concern for the congressional defense committees for the past several years. Decisions that Congress makes on Navy shipbuilding programs can substantially affect Navy capabilities and funding requirements, and the U.S. shipbuilding industrial base. Moreover, in support of its mission to deter conflict or fight in wars if necessary, the Navy considers it a core responsibility to maintain a forward presenceto keep some of its fleet far from U.S. shores at all times in areas that are important to national interests. This book discusses preserving the Navy's forward presence with s smaller fleet, as well as provides an analysis of the Navy's fiscal year 2015 shipbuilding plan. Finally, it examines the long-term effect if crew rotation on forward presence.

Article I, Section 8, of the Constitution vests in Congress the power "to declare War." Pursuant to that power, Congress has enacted 11 declarations of war during the course of American history relating to five different wars, the most recent being those that were adopted during World War II. In addition, Congress has adopted a number of authorizations for the use of military force, the most recent being the joint resolution enacted on October 16, 2002, authorizing the use of military force against Iraq. To buttress the nations ability to prosecute a war or armed conflict, Congress has also enacted numerous statutes which confer standby authority on the President or the executive branch and are activated by the enactment of a declaration of war, the existence of a state of war, or the promulgation of a declaration of national emergency. This book examines a number of topics related to declarations of war and authorizations for the use of military force by the United States. It provides historical background on each of the declarations of war and on several major authorizations for the use of force that have been enacted; analyzes the implications of declarations of war and authorizations for the use of force under both international law and domestic law; lists and summarizes the more than 250 standby statutory authorities that can come into effect pursuant to a declaration of war, the existence of a state of war, and/or a declaration of national emergency; describes the procedures in Congress governing the consideration of declarations of war and authorizations for the use of force, including the procedures under the War Powers Resolution; and sets forth in two appendices the texts of all of the declarations of war and the major authorisations for the use of force that have been enacted.

Recent high-profile military-related cases involving sexual assaults by U.S. service members have resulted in increased public and congressional interest in military discipline and the military justice system. Questions have been raised regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a service member convicted of an offense. Additionally, some military-related cases, including those of Major Nidal Hasan, the alleged shooter at Fort Hood, and Private first class Bradley Manning, the alleged source of leaked classified material through the organization WikiLeaks, have raised questions regarding the mental capacity of the accused and how the military justice system addresses this concern. This book focuses on the courts-martial, the military justice system, and the adjudication of sexual offenses.

In 2012, the Department of Defense (DoD) spent $52 billion on health care for service members, retirees, and their families. The department offers health care to nearly 10 million people through its TRICARE program, an integrated system of military health care providers and regional networks of civilian providers. Established in 1993, TRICARE now consists of three major plans: TRICARE Prime, TRICARE Standard, and TRICARE Extra. The cost of providing this care has increased rapidly as a share of the defence budget over the past decade, outpacing growth in the economy, growth in per capita health care spending in the United States, and growth in funding for DoD's base budget. This book focuses on the approaches that can be taken to reduce federal spending on military care, and continues to provide information on management practices available to help achieve efficiencies within the military health system.

The use of military commissions to try suspected terrorists has been the focus of intense debate since President Bush issued his original Military Order authorising such trials in November, 2001. The Military Order specified that persons subject to it would have no recourse in the U.S. court system to appeal a verdict or obtain any other sort of relief, but the Supreme Court essentially invalidated that provision in its 2004 opinion, Rasul v. Bush. In response, Congress enacted the Detainee Treatment Act of 2005 (DTA). This book provides a background and analysis comparing military commissions as envisioned under the revised Military Commissions Act (MCA) to those established by the MCA 2006. After reviewing the history of the implementation of military commissions in the "global war on terrorism", this book provides an overview of the procedural safeguards provided in the MCA.

This book provides a background and analysis comparing military commissions as envisioned under the MCA to the rules that had been established by the Department of Defense (DOD) for military commissions and to general military courts-martial conducted under the UCMJ. After reviewing the history of the implementation of military commissions in the "global war on terrorism," this book provides an overview of the procedural safeguards provided in the MCA. This book identifies pending legislation, including H.R. 267, H.R. 1585, H.R. 2543, H.R. 2826, S. 1547, S. 1548, H.R. 1416, S. 1876, S. 185, S. 576, S.447, H.R. 1415 and H.R. 2710. Finally, the book provides two tables comparing the MCA with regulations that had been issued by the Department of Defense pursuant to the President's Military Order with standard procedures for general courts-martial under the Manual for Court-Martial. The first table describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, which compares procedural safeguards required by the MCA with those that had been incorporated in the DOD regulations and the established procedures in courts-martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, to facilitate comparison with safeguards provided in federal court and international criminal tribunals.

The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.

The book serves as a companion to three other volumes published by Cambridge University Press, dealing respectively with the jus ad bellum, the law of belligerent occupation, and non-international armed conflicts. It is devoted to the core of the jus in bello - that is, the conduct of hostilities on land, at sea and in the air in inter-State armed conflicts - analyzed against the background of customary international law and treaties in force. The book deals with both means and methods of modern warfare. It addresses issues of general non-combatant protection, the principle of proportionality in collateral damage to civilians, and special protection, especially of the environment and cultural property. It also considers the relevant dimensions of international criminal law and deals with controversial matters such as unlawful combatancy, direct participation of civilians in hostilities and the use of 'human shields'. Case law and legal literature are cited throughout.

In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.