Michael Noone

Expertise

  • Peacekeeping and Political Violence
  • Military Law and Law of War
  • Michael Noone, admitted to the California and District of Columbia bars, served twenty years as a judge advocate in the U.S. Air Force. He retired as a colonel before he joining the law faculty in 1978. In August 2005, he gave up his Ordinary Professorship and was appointed Research Professor. He remains active in national security issues.

    He's a Fellow of the Inter-University Seminar on Armed Forces and Society; past director, International Society for Military Law and the Law of War; and past president of the Committee on Military Criminology and Crime. He has also served as a member of the International Advisory Board, Geneva Centre for the Democratic Control of Armed Forces, and on the executive board of the Judge Advocate's Association Inn of Court. He was a distinguished visiting professor of law at the U.S. Military Academy (West Point) in 1991 and co-authored the textbook used by the law department. His research and writing on peacekeeping and political violence have taken him in recent years to Russia, Australia, New Zealand, Ukraine, South Africa, Northern Ireland and Israel.

    Professor Noone holds a B.S. in F.S. from Georgetown University's Edmund A. Walsh School of Foreign Service, an LL.B.and LL.M.  from Georgetown University Law School, and an S.J.D. (1965), from The National Law Center of George Washington University. He is a Distinguished Graduate of the USAF Air Command and Staff College.

    Research and Writing

    MEDIA COMMENTARY

    Television: FOX Evening and Cable News, NBC, CBS, and ABC Nightly News, CNN, MSNBC, C-SPAN, "Washington Journal," "The News Hour," "Dateline," "Nightline," and "News at Issue," "The History Channel," Court TV, and "America's Defense Monitor" (syndicated), Canada TV; CBC; BBC; MUNWHA (Korea) TV; FUJI (Japan) TV; Al Jazeera.

    Radio and electronic media: Slate; The Diane Rehm Show; National Public Radio; Justice Talking; The Washington Post Online.

    "Religion and the Military: a Web Seminar" with Rabbi Arnold E. Resnicoff (Oct. 29, 2008).

    Print Media: The New York Times, The New York Daily News, The Washington Post, The Boston Globe, The Los Angeles Times, USA Today, The Christian Science Monitor, The Air Force Times, Stars and Stripes, The Legal Times, Associated Press, Le Monde, The Guardian, United Press International, Reuters, Ashai Shimbun, and local and regional newspapers

    PUBLICATIONS

    Book Review. “The Trial of Civilians by Military Courts: Ireland 1921" by Sean Enright. 76 Journal of Military History 896-97 (July 2012).
     
    "Military Law" and "Military Necessity" entries: Encyclopedia of War, Gordon Martel, ed. (Wiley, 2012).

    Book Review. Maha.bharata Book 6, Bishma, Volume 1 Translated by Alex Cherniak, New York City:  Clay Sanskrit Library/New York University Press, 2008. 74 Journal of Military History (October 2010) pp. 1256-1258.

    Book Review. The Law of Armed Conflict: International Humanitarian Law in  War. Gary Solis, New York, Cambridge University Press, July 2010, in the Journal of Military History, Vol. 74, No. 3, Pp. 996-997.

    Commentaries: “on the Armed Police Force Act and Armed Police Force Regulation” (pp. 39-45); “on the Arms and Ammunition Act and Arms and Ammunition Regulation” (pp.45-46); “on the Explosive Substance Act” (pp. 47-50); “on the Act of Some Public Offences and Penalties” (pp.51-58); and “on the Prison Act and Prison Regulation” (pp.59-60) in The Security Sector Legislation of the Federal Democratic Republic of Nepal Hari Phuyal and Marlene Urscheler, eds. (Brambauer Publishers: Hungary, 2009)

    "Criminal justice lessons to be learned in international military interventions: a common law perspective," Criminal law between War and Peace, (Cuenca: Ediciones de la Universidad de Castilla-La Mancha (2009), Ed. Stefano Manacorda and Adam Nieto. Pp. 207-211.

    Book Review: Anatomy of Perjury: Field Marshall Albert Kesselring, Via Rasella, and the Ginny Mission, by Richard Raiber, M.D., Newark: University of Delaware Press, 2008. Volume 73, Journal of Military History (April 2009) pp. 682-684.

    "Peacekeeping Operations: the legal dimension," Lieber Notes (ASIL), Vol. 2, Issue 3 (Fall/Winter 2008) pp. 7 - 8.

    Book Review: Kurt Myer on Trial: A Documentary Record. Edited by P.Whitney Lackenbauer and Chris M.V. Madsen. Kingston, Ontario, Canada: Canadian Defence Academy Press, 2007. Volume 72, Journal of Military History (July 2008) pp. 975-976.

    "Legal Doctrines for War Among the People," pp. 231-248 Warfare in the age of non-state actors; implications for the US Army, Kendall D. Gott, ed. (Ft. Leavenworth, Kansas: Combat Studies Institute Press) (2007).

    Maritime Security Operations: Law and Practice at the Beginning of the 21st Century," co authored with students Kathleen Reardon and Julia Whitelock, International Peacekeeping: The Yearbook of International Peace Operations, 179-183, Volume 12 (2007).

    "The Law of Armed Conflict and the Principle of Sovereign Equality of States," a panel discussion (with Ruth Wedgwood and Daniel Thurer), 7th International Security Forum Conference Proceedings, pp. 105-107. Center for Security Studies, ETH, Zurich Switzerland (2007). 

    "Maritime Security Law Symposium," The Military Advocate, Summer 2007. 

    Film Review, "The Tokyo Trial," The Journal of Military History, Vol. 71, No. 3 (July 2007) pp. 988-989 

    Book Review, Military Justice in Vietnam, by William Thomas Allison (University Press of Kansas, 2006), H-War Book Review, May 2007

    "Justifying the American Way of War," A Nation at War, Seventeenth Annual Strategy Conference Report, Col. John R. Martin, ed. (Strategic Studies Institute: Carlisle Barracks, Pa, 2007)

    "Dissent in the U.S. Military" (Feb.7, 2007), an online op-ed for ABC News: http://abcnews.go.com/Politics/story?id=2857017&page=1

    "Unprivileged Belligerency: The IRA," Military Review, 58-63, September-October 2005, English Edition. "El Ejercito Republicano Irlandes: Soldatos Ilegitimos." Military Review (Hispano-American Edition) Jan-Feb 2006; Uma Beligerancia sem Privilegios: O Exercito Republicano Irlandes (Brazilian Edition) Jan-Feb 2006.

    "The U.S. Approach to Combating Trafficking in Women: Prosecuting Military Customers. Could it Be Exported?" Connections: The Quarterly Journal, Vol. IV (Winter 2005) pp. 81-91.

    "Military Commissions - the Sentencing Phase," Accountability, Volume 2, No. 1, pgs. 2-7 (Fall 2003).

    Book Review, The Vietnam War on Trial, 65 Review of Politics, 305-306 (2003).

    "Legal Lessons Learned from Operation Enduring Freedom," International Peacekeeping: The Yearbook of International Peace Operations, Volume 8, 2002, pgs. 239-251 (2003).

    "Discussion of Military Commission Instruction No. 2 (Crimes and Elements)" (with Eugene R. Fidell), Military Commission Instructions Sourcebook (National Institute of Military Justice, 2003).

    "Posse Comitatus: Preparing for the Hearings," 4 Chicago Journal of International Law, 193-200 (2003).

    "Whacking Unarmed Women: Gaps in the Law of Armed Conflict," 9 Duke Journal of Gender Law and Policy, 271-276 (2002).

    "Jurisdiction over Offenses" and "Duties of the Presiding Officer," Annotated Guide, Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism, (LexisNexis, Matthew Bender 2002).

    "Courts-Martial For Alleged Terrorists," 2 Insights on Law and Society, 14, 15, 31 (Spring/Summer 2002).

    Entry, "Martial Law," The Oxford Companion to American Law (Oxford University Press, 2002).

    "Applying Just War Jus in Bello Doctrine to Reprisals: An Afghan Hypothetical," 51 Catholic University Law Review, 27-34 (2001).

    Book Review, Judgment at Tokyo: The Japanese War Crimes Trials, 65 The Journal of Military History, 1157-1158 (2001).

    'Treaty Implementation: Lessons Taught by U.S./U.K. Cooperation under the NATO Status of Forces Agreement," 13 New York International Law Review, 39-89 (2000).

    Comments as Chair, "The Civilian/Military Culture and the Impact on International Law," 93 Proceedings of the American Society of International Law, 214 (2000).

    Entries: "Articles of War," "Military Crimes," "Military Courts," "Military Punishment," and "Citizens' Rights in the Military," The Encyclopedia of American Military History (Oxford University Press, 1999).

    "Chimera or Jackalope? Department of Defense Efforts to Apply Civilian Sexual Harassment Criteria to the Military," 6 Duke Journal of Gender Law and Policy, 151-172 (1999).

    Remarks on "The Rule of Law," published by The Inter-University Center for Legal Studies, Washington, D.C. (1999).

    "Non Lethal Weapons," 37 The Military Law and Law of War Review, 334-36 (1998).

    w/Yonah Alexander, Cases and Materials on Terrorism, Three Nations' Response (The Hague: Kluwer Law, 1997).

    Testimony on Tucker Act Shuffle Relief Act of 1997, in Hearings before the Subcommittee on Immigration and Clause, House Committee of the Judiciary (1997). (Committee Print).

    w/Michael Benjamin, Dennis Hunt, and Donald Zillman, Constitutional Law for the Citizen Soldier (New York: McGraw Hill, 4th ed. 1996).

    w/Mary Jo Wiley, "Sticks, Stones and Broken Bones: Military Law's Criteria for Aggravated Assault," 14 Feminist Issues, 67-93 (1994).

    w/Urban A. Lester, Litigation with the Federal Government 3d. ed. (Philadelphia: American Law Institute-American Bar Association Committee on Continuing Professional Education 1994).

    "Summary Trial: Does the U.S. Experience offer any lessons for Canada?" Summary Trial Working Group Report, [Canadian Ministry of Defence] (1994).

    "Tort Claims in Counter-Insurgency Operations: The British Experience in Ireland, 1919-1921," 57 Journal of Military History, 89-109 (1993).

    "Legal Analysis of Conscientious Objection: A Comparative Approach," The New Conscientious Objection: From Sacred to Secular Resistance, Charles Moskos & John W. Chambers eds. (Oxford University Press, 1993).

    "Legal liability of the Armed Forces when dealing with internal disturbances: The unsatisfactory Anglo-American approach," XII Recueils de la Societe Internationale de Droit Militaire et Droit de la Guerre, 677, 683 (1991).

    w/Urban A. Lester, "Defining Tucker Act Jurisdiction after Bowen v. Massachusetts," 40 Catholic University Law Review, 571-604 (1991).

    "Women in Combat: Changing the Rules," 39 Naval Law Review, 187-195 (1990).

    Essay "On Conscientious Objection," 29 The Military Law and Law of War Review, 133- 137 (1990).

    Book Review, National Security: The Dual State and The Rule of the Exception, 16 Armed Forces & Society, 143-146 (1990).

    w/Urban A. Lester, Supplement to Schwartz & Jacoby, Litigation with the Federal Government (American Law Institute/American Bar Association, 1989).

    Editor, Selective Conscientious Objection: Accommodating Conscience and Security (Westview Press, 1989).

    Essay "On Peacekeeping," 28 The Military Law and Law of War Review, 495-499 (1989).

    "Military Social Science Research and Law," 15 Armed Forces & Society, 193-206 (Winter 1989).

    Book Review, Political Violence and The Law in Ireland, 12 Terrorism, 441 (1989).

    "Rendering Unto Caesar: Legal Responses to Religious Non-conformity in the Armed Forces," 18 St. Mary's Law Journal, 1223-1294 (1987).

    "On The Job Training in Appellate Litigation Skills: A Comparative Study," 34 Federal Bar News and Journal, 77-81 (1987).

    Book Review. Tranquilitas Ordinis: The Present Failure and Future Promise of American Catholic Thought on War and Peace, The Catholic Standard, vol. 37, no. 20, p. 22 (May 14, 1987)

    Testimony on Time Extension for Presenting Tort Claims of Persons Under Legal Disability, in Hearings on H.R. 1033 before the Subcommittee on Administrative Law and Governmental Relations, House Committee of the Judiciary (1986). (Committee Print)

    Testimony on the Feres Doctrine and Military Medical Malpractice Claims in Hearings on S. 489 and H.R. 3174 before the Subcommittee on Administrative Practice and Procedure, Senate Committee on the Judiciary (1986). (Committee Print)

    "The Military Industrial Complex Revisited," 30 Air University Review, 79-83 (1978).

    "Legal Aspects of Non-Appropriated Funds," 355-483 The Military Law Review (Bicentennial Issue) (1975), reprinted from Hearings on S. 3163 Before the Subcommittee on Improvements In Judicial Machinery of the Senate Committee on the Judiciary, 90th Cong., 2d Sess. (1968).

    "Those Magnificent Commandos in Their Flying Machines," 17 Aerospace Historian, 72-75 (1970).

    "The Federal Medical Care Recovery Act." 55 American Bar Association Journal, 259-264 (1969).

    "May Plaintiffs Include the United States Claim Under the Federal Medical Care Recovery Act Without Government Intervention?" 10 USAF JAG Law Review, 20-27 (1968).

    "Private Etsel's Million Dollar Accident," 18 Medical Service Digest, 10-13 (1967). 

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    OP ED Pieces

    "We must be like other nations," The Military Advocate, (March, 2000).

    "Report from Lillehammer," National Institute of Military Justice Gazette (August, 2000).

    "Should Gays Be in The Armed Forces?" Newsday, Nov. 6, 1989.