![handle is hein.journals/rjlr17 and id is 1 raw text is:
OVER THERE, OVER THERE: THE EXTRATERRITORIAL
APPLICATION OF DOMESTIC ESTABLISHMENT
CLAUSE JURISPRUDENCE IN FORMER WARZONES
Jessica Gallinaro*
I. INTRODUCTION
In 529, the Benedictine Order constructed a monastery atop
an Italian hill called Monte Cassino. 1 Because of its tactical
location on the hill, the monastery suffered from numerous
destructions and restorations throughout history.2 Monte Cassino
is now famous because it represents the pointless devastation of
one of the most famous religious sites in the West.3
Although Italy signed an armistice with the Allies in
September 1943, it remained a warzone in 1944 because Germany
immediately occupied the country and established fortifications to
prevent the Allies from further advancing north.4 The Allies
believed the Germans had converted the monastery into one such
fortification, and were using it as an artillery-observation post.5
This belief quickly became a supposed fact after thousands of
American soldiers died in their attempt to scale the hill.6 In order
to prevent any further infantry casualties, the commanders
insisted that the United States bomb the monastery.7
In the early morning hours of February 15, 1944, planes
dropped 257 tons of 500-lb bombs and 59 tons of 100-lb
* George Mason University School of Law, J.D., 2015; The College of
William and Mary, B.A. English and Government, 2011. I would like to thank my
family and friends for their constant love and support. I would particularly like
to thank the entire editorial staff of the Rutgers Journal of Law and Religion for
their help in preparing this article for publication.
1 David Colvin & Richard Hodges, Tempting Providence: The Bombing of
Monte Cassino, HISTORY TODAY, Feb. 1994 at 14.
2 Id. at 14-15. In 577 the monastery suffered the first of its [three war-
related] destructions when it was sacked by Lombards. In 717 it was
restored . . . . Its riches, though, attracted the Saracens in 883 who once again
sacked it . . . . It suffered again under Napoleon's armies . . . . Id.
3 Elizabeth Michel, Seeking Consensus in the Ruins: Montecassino and
Italian Reconstruction, 1.1 HIST. IN THE MAKING REV. 64, 65 (2012).
4 Id. at 66.
5 The Bombing of Monte Cassino, TIME, Feb. 28, 1944, at 20.
6 Colvin & Hodges, supra note 1, at 15.
7 Michel, supra note 3, at 67.](ViewImageLocal?handle=hein.journals/rjlr17&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most