Military Law / National Security

Douvas, Alexander et al, 'Breaking Quarantine: Using Article 84 to Combat COVID-19 No. 1' [2020] (2) Army Lawyer 44-55
Abstract: Introduction: Coronavirus Disease 2019 (COVID-19) is caused by the virus Severe Acute Respiratory Syndrome-Coronavirus-2 (SARSCoV -2). This virus is highly contagious, with an estimated average incubation period of five days prior to symptoms,4 during which time it can still be transmitted.5 Within three months of its discovery in late 2019, the rapidly spreading SARS-CoV-2 reached global pandemic status. The current national strategy to combat COVID-19--'social distancing'--is designed to slow the spread of the virus and enable the medical community to treat the most severe cases without exceeding hospital capacity. The military is neither immune to this pandemic nor exempt from the efforts to combat its spread. Instead, it is currently working to strike a balance between operational readiness and restrictive personnel policies. While the ultimate impact of COVID-19 on military operations and service policies remains uncertain, one thing is clear: with an estimated 1.3 million active duty service members subject to some form of COVID-19 restrictions, the newly re-designated Article 84, Uniform Code of Military Justice (UCMJ) (Breach of Medical Quarantine), is about to be field tested.

Fidell, Eugene R, 'COVID-19 and Military Law' (2020) 11(1) Journal of National Security Law & Policy 181-197
Abstract: As a 'specialized society separate from civilian society,' the military experiences not only many of the same challenges as the larger society as a result of COVID-19, but also other challenges arising in the contexts of their normal missions and times of crisis. In light of the developments during the first half of 2020, Eugene Fidell's article on COVID-19 and Military Law highlights some of the legal challenges that have arisen in the military world due to COVID-19. In doing so, he focuses on various perspectives, including the intersection between commanders' responsibility for the health and safety of their personnel; systemic effects and adjustments to the internal administration of justice; and challenges presented to domestic law, legal institutions, and human rights following a shift to a domestic law enforcement mission. These perspectives have direct and indirect effects on unit cohesion, mission-readiness, mission-accomplishment, and public trust.

Nevitt, Mark, 'Domestic Military Operations and the Coronavirus Pandemic' (2020) 11(1) Journal of National Security Law & Policy (online article, published 19 October 2020)
Abstract: While the U.S. military is tasked with homeland defense and security, in this article Mark Nevitt highlights on the military's role domestically to provide aid and support during the COVID-19 pandemic. The U.S. military is currently engaged in the largest domestic operation in American history. The article evaluates the responses of different branches of the military and argues that the current public health crisis could be an opportunity to reevaluate the governance of domestic military operations. Nevitt addresses the emergency authorities relied on to address the virus, what governs the military's role to enforce laws, and the military as a provider of emergency aid and relief at the state and local levels. :

Swalwell, Rep Eric and R Alagood, 'Biological Threats Are National Security Risks: Why COVID-19 Should Be a Wake up Call for Policy Makers' (2021) 77(2) Washington and Lee Law Review Online 217-247

Abstract: A national security strategy is the 'nation's plan for the coordinated use of all the instruments of state power--nonmilitary as well as military--to pursue objectives that defend and advance its national interest.' Perhaps the most straightforward national security objective is to protect the country from foreign invasion, but national security involves other objectives that aim to protect people in the United States as well as their values. For example, protecting U.S. elections from foreign interference is a security objective that advances the nation's interest in democratic governance. The outbreak of a highly contagious disease like COVID-19 strikes at the core of national security and the nation's interest in protecting its citizens from unnecessary harm.

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