An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

The German Military Entrepreneur Ernst von Mansfeld and His Conduct of Asymmetrical Warfare in the Thirty Years War

The dissertation examines aspects of asymmetrical warfare in the war-making of the German military entrepreneur Ernst von Mansfeld during his involvement in the Thirty Years War. Due to the nature of the inquiry, which combines history with military-political theory, the methodological approach of the dissertation is interdisciplinary. The theoretical framework used is that of asymmetrical warfare. The primary sources used in the dissertation are mostly political pamphlets and newsletters. Other sources include letters, documents, and contemporaneous chronicles. The secondary sources are divided into two categories, literature on the history of the Thirty Years War and textbooks covering the theory of asymmetrical warfare. The first category includes biographical works on Ernst von Mansfeld, as well as general histories of the Thirty Years War and seventeenth-century warfare. The second category combines military theory and political science. The structure of the dissertation consists of eight lead chapters, including an introduction and conclusion. The introduction covers the theoretical approach and aims of the dissertation, and provides a brief overlook of the sources and previous research on Ernst von Mansfeld and asymmetrical warfare in the Thirty Years War. The second chapter covers aspects of Mansfeld s asymmetrical warfare from the perspective of operational art. The third chapter investigates the illegal and immoral aspects of Mansfeld s war-making. The fourth chapter compares the differing methods by which Mansfeld and his enemies raised and financed their armies. The fifth chapter investigates Mansfeld s involvement in indirect warfare. The sixth chapter presents Mansfeld as an object and an agent of image and information war. The seventh chapter looks into the counter-reactions, which Mansfeld s asymmetrical warfare provoked from his enemies. The eighth chapter offers a conclusion of the findings. The dissertation argues that asymmetrical warfare presented itself in all the aforementioned areas of Mansfeld s conduct during the Thirty Years War. The operational asymmetry arose from the freedom of movement that Mansfeld enjoyed, while his enemies were constrained by the limits of positional warfare. As a non-state operator Mansfeld was also free to flout the rules of seventeenth-century warfare, which his enemies could not do with equal ease. The raising and financing of military forces was another source of asymmetry, because the nature of early seventeenth-century warfare favoured private military entrepreneurs rather than embryonic fiscal-military states. The dissertation also argues that other powers fought their own asymmetrical and indirect wars against the Habsburgs through Mansfeld s agency. Image and information were asymmetrical weapons, which were both aimed against Mansfeld and utilized by him. Finally, Mansfeld s asymmetrical threat forced the Habsburgs to adapt to his methods, which ultimately lead to the formation of a subcontracted Imperial Army under the management and leadership of Albrecht von Wallenstein. Therefore Mansfeld s asymmetrical warfare ultimately paved way for the kind of state-monopolized, organised, and symmetrical warfare that has prevailed from 1648 onwards. The conclusion is that Mansfeld s conduct in the Thirty Years War matched the criteria for asymmetrical warfare. While traditional historiography treated Mansfeld as an anomaly in the age of European state formation, his asymmetrical warfare has begun to bear resemblance to the contemporary conflicts, where nation states no longer hold the monopoly of violence.

Elliptic slot antenna for broadband wireless communications

This paper presents the design of a broadband antenna suitable for wireless communications operating over the frequency range of 3.1-10.6 GHz. Parametric studies on the effect of stub and elliptic slot have been carried out to arrive at optimum dimensions to achieve enhanced bandwidth of the proposed antenna. An experimental antenna has been designed and tested to validate the proposed design. Measured return loss characteristics have been compared against the simulation results. Simulated radiation patterns at 3.1 GHz, 6.85 GHz and 10.6 GHz have also been presented in this paper.

A resource based game theoretical model for military conflicts

A resource interaction based game theoretical model for military conflicts is presented in this paper. The model includes both the spatial decision capability of adversaries (decision regarding movement and subsequent distribution of resources) as well as their temporal decision capability (decision regarding level of allocation of resources for conflict with adversary’s resources). Attrition is decided at present by simple deterministic models. An additional feature of this model is the inclusion of the possibility of a given resource interacting with several resources of the adversary.The decisions of the adversaries is determined by solving for the equilibrium Nash strategies given that the objectives of the adversaries may not be in direct conflict. Examples are given to show the applicability of these models and solution concepts.

Efficient space-time codes from cyclic division algebras

An overview of space-time code construction based on cyclic division algebras (CDA) is presented. Applications of such space-time codes to the construction of codes optimal under the diversity-multiplexing gain (D-MG) tradeoff, to the construction of the so-called perfect space-time codes, to the construction of optimal space-time codes for the ARQ channel as well as to the construction of codes optimal for the cooperative relay network channel are discussed. We also present a construction of optimal codes based on CDA for a class of orthogonal amplify and forward (OAF) protocols for the cooperative relay network

Multiuser detection in large-dimension multicode MIMO-CDMA systems with higher-order modulation

In this paper, we are interested in high spectral efficiency multicode CDMA systems with large number of users employing single/multiple transmit antennas and higher-order modulation. In particular, we consider a local neighborhood search based multiuser detection algorithm which offers very good performance and complexity, suited for systems with large number of users employing M-QAM/M-PSK. We apply the algorithm on the chip matched filter output vector. We demonstrate near-single user (SU) performance of the algorithm in CDMA systems with large number of users using 4-QAM/16-QAM/64-QAM/8-PSK on AWGN, frequency-flat, and frequency-selective fading channels. We further show that the algorithm performs very well in multicode multiple-input multiple-output (MIMO) CDMA systems as well, outperforming other linear detectors and interference cancelers reported in the literature for such systems. The per-symbol complexity of the search algorithm is O(K2n2tn2cM), K: number of users, nt: number of transmit antennas at each user, nc: number of spreading codes multiplexed on each transmit antenna, M: modulation alphabet size, making the algorithm attractive for multiuser detection in large-dimension multicode MIMO-CDMA systems with M-QAM.

Advances in base- and mobile-station aided cooperative wireless communications : An overview

In recent years, there has been an upsurge of research interest in cooperative wireless communications in both academia and industry. This article presents a simple overview of the pivotal topics in both mobile station (MS)- and base station (BS)- assisted cooperation in the context of cellular radio systems. Owing to the ever-increasing amount of literature in this particular field, this article is by no means exhaustive, but is intended to serve as a roadmap by assembling a representative sample of recent results and to stimulate further research. The emphasis is initially on relay-base cooperation, relying on network coding, followed by the design of cross-layer cooperative protocols conceived for MS cooperation and the concept of coalition network element (CNE)-assisted BS cooperation. Then, a range of complexity and backhaul traffic reduction techniques that have been proposed for BS cooperation are reviewed. A more detailed discussion is provided in the context of MS cooperation concerning the pros and cons of dispensing with high-complexity, power-hungry channel estimation. Finally, generalized design guidelines, conceived for cooperative wireless communications, are presented.

Cognitive radio implementation for a frequency hopping primary signal

Frequency hopping communications, used in the military present significant opportunities for spectrum reuse via the cognitive radio technology. We propose a MAC which incorporates hop instant identification, and supports network discovery and formation, QOS Scheduling and secondary communications. The spectrum sensing algorithm is optimized to deal with the problem of spectral leakage. The algorithms are implemented in a SDR platform based test bed and measurement results are presented.

Fixed-lag blind equalization and sequence estimation in digital communications systems using sequential importance sampling

We present methods for fixed-lag smoothing using Sequential Importance sampling (SIS) on a discrete non-linear, non-Gaussian state space system with unknown parameters. Our particular application is in the field of digital communication systems. Each input data point is taken from a finite set of symbols. We represent transmission media as a fixed filter with a finite impulse response (FIR), hence a discrete state-space system is formed. Conventional Markov chain Monte Carlo (MCMC) techniques such as the Gibbs sampler are unsuitable for this task because they can only perform processing on a batch of data. Data arrives sequentially, so it would seem sensible to process it in this way. In addition, many communication systems are interactive, so there is a maximum level of latency that can be tolerated before a symbol is decoded. We will demonstrate this method by simulation and compare its performance to existing techniques.