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Has Russia Killed Article 2(4)? Evaluating The Effectiveness Of The Prohibition Of The Use Of Force In The Conduct Of International Affairs, Dr. Graham Melling

San Diego International Law Journal

The February 24, 2022 invasion of Ukraine by Russia represents an unambiguous breach of the United Nations Charter´s prohibition of the use of force. The significance of the prohibition of the use of force between States cannot be overstated and is recognised in practice and legal doctrine as being “one of the core values of the international community”. However, argument has been made that the United Nations Charter´s rules prohibiting the use of force are no longer relevant to the conduct of international affairs, especially involving major powers. It could be argued that by their conduct States have repudiated the …

Putin V. Zelensky: Reflections On Leadership, Global Order, And The Rule Of Law, Charles H. Brower Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

Russia, Ukraine, And The Future World Order, Ingrid W. Brunk, Monica Hakimi

Vanderbilt Law School Faculty Publications

Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most—if not the most—significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of International Law, that however this war ends, it will reshape, in ways large and small, the world we all inhabit.

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard

Georgia Journal of International & Comparative Law

No abstract provided.

Corruption And Catalan Independence, Ryan T. Judd

South Carolina Journal of International Law and Business

No abstract provided.

The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin

International Law Studies

No abstract provided.

An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin

International Law Studies

No abstract provided.

Low-Intensity Computer Network Attack And Self-Defense, Sean Watts

International Law Studies

No abstract provided.

Use Of Unmanned Systems To Combat Terrorism, Raul A. "Pete" Pedrozo

International Law Studies

No abstract provided.

The Layha For The Mujahideen: An Analysis Of The Code Of Conduct For The Taliban Fighters Under Islamic Law, Muhammad Munir Dr.

Dr. Muhammad Munir

The following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic …

Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker

International Law Studies

No abstract provided.

A Behavioral Approach To Human Rights, Andrew K. Woods

Law Faculty Scholarly Articles

For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …

The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman

Faculty Scholarship

This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of …

Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns

International Law Studies

No abstract provided.

Terrorism And Afghanistan, Yoram Dinstein

International Law Studies

No abstract provided.

Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy

International Law Studies

No abstract provided.

The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy

International Law Studies

No abstract provided.

Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson

International Law Studies

No abstract provided.

The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty

Scholarly Articles

The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in International Law that began with NATO's 1999 intervention in Kosovo against Serbia. NATO's intervention called into question the authority and viability of U.N. Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt a further blow to the central post-War legal rules and institutions for controlling and mitigating Great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for …

Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin

International Law Studies

No abstract provided.

The International Security Presence In Kosovo And The Protection Of Human Rights, Federico Sperotto

Human Rights & Human Welfare

On March 11th, 2000, two children who were playing in the neighborhoods of Mitrovica, Kosovo, got hurt by an “unexploded ordnance”. One of them died in the explosion, the other was severely injured. An inquire clarified that the ordnance was a “bomblet”, a part of a cluster bomb dropped during the 1999 NATO air campaign against the Federal Republic of Yugoslavia.

© Federico Sperotto. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or …

Strategic Communications And The Decline Of The Us Soft Power, Gene E. Bigler

International Law Studies

No abstract provided.

Peace Versus Justice, Richard J. Goldstone

Nevada Law Journal

No abstract provided.

Terrorism And The Use Of Force In International Law, Michael Schmitt

International Law Studies

No abstract provided.

Kosovo: Virtual War And International Law, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters

Articles by Maurer Faculty

This Article examines the decision by the ICTY Prosecutor not to investigate NATO's bombing campaign during the Kosovo war - and the Prosecutor's unusual decision to publish an Inquiry explaining its reasons. Many scholars have examined the Inquiry, but all have focused on its substantive legal analysis. This Article takes a different approach: It focuses on how the Prosecution reached the conclusion not to investigate. Using rhetorical analysis, it examines the Prosecution's decision-making mindset to see what that indicates about the shape of future international prosecutorial decision-making, including at the ICC.

There is no evidence that the Prosecution succumbed to …