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Articles 1 - 30 of 77
Full-Text Articles in Law
Human Rights In The Middle East, Linda A. Malone
Human Rights In The Middle East, Linda A. Malone
Linda A. Malone
No abstract provided.
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Pepperdine Law Review
Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. And yet our legal understanding of this most-important crime is limited. Because the crime of genocide requires specific intent, even horrific atrocities will not qualify as genocide as a matter of law if done for a purpose other than the intended destruction of a target group. Thus whether actions qualify as genocide and what type of evidence is sufficient to …
International Law, Legal Diplomacy, And The Counter-Isil Campaign: Some Observations, Brian Egan
International Law, Legal Diplomacy, And The Counter-Isil Campaign: Some Observations, Brian Egan
International Law Studies
Speech as prepared for delivery by Brian Egan, Legal Adviser, U.S. Department of State; 110th Annual Meeting of the American Society of International Law Washington, DC, April 1, 2016
Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg
Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg
International Law Studies
This article discusses domestic measures taken by the Netherlands to combat the phenomenon of foreign terrorist fighters, predominantly in the context of the Syrian conflict. It discusses criminal prosecution, asset freezes, deprivation of nationality and revocation of travel documents. The author concludes that in each of these fields, there is a close relationship between international law and national law.
The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak
The Criminalisation Of The Illicit Trade In Cultural Property, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter considers the criminalisation of illicit traffic of cultural objects in international law and its impact for domestic law. The regulation of the trade in cultural objects has long been resisted in so-called market States, which host major auction houses and art and antiquities dealers. The lobbying was particularly directed against the enforcement of foreign public laws covering export controls in domestic courts. However, the Security Council’s adoption of resolutions that condemned the pillage of Iraqi and Syrian cultural sites has transformed this debate. These resolutions enunciate an obligation to prosecute in domestic courts which is covers all UN …
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs …
How The War Against Isis Changed International Law, Michael P. Scharf
How The War Against Isis Changed International Law, Michael P. Scharf
Faculty Publications
In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and the right of hot pursuit, …
Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury
Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury
International Law Studies
The deliberate destruction by ISIS of religious and cultural property in both Syria and Iraq sparked widespread international condemnation and was described by UNESCO’s Director-General as constituting war crimes. Regrettably, the damage to and destruction of such property has become an all too common feature of the conflicts that have engulfed both States. The authors examine the legal obligations that apply to the parties in non-international armed conflict and the consequences of non-compliance. In light of the scale of the human suffering engendered by the conflicts, the authors first ask why international law protects such property in armed conflict.
Interpreting Intervention, Craig Scott
Interpreting Intervention, Craig Scott
Craig M. Scott
The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …
The Applicability Of The Humanitarian Intervention 'Exception' To The Middle Eastern Refugee Crisis: Why The International Community Should Intervene Against Isis, Milena Sterio
Law Faculty Articles and Essays
The refugee crises in Iraq and Syria, which has been evolving over the past decade as a result of both ongoing conflict in these countries and the recent surge of Islamic State-led violence, has morphed into a true humanitarian catastrophe. Tens of thousands of refugees have been subjected to violence and have been dispersed and forced to live under dire conditions; such massive population flows have destabilized the entire region and have threatened the stability of neighboring countries. The United States and several other countries have been engaged in a military air strike campaign against the Islamic State, but the …
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
International Law Studies
No abstract provided.
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
San Diego International Law Journal
This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …
Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper
Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper
International Law Studies
No abstract provided.
Perfidy In Non-International Armed Conflicts, Richard B. Jackson
Perfidy In Non-International Armed Conflicts, Richard B. Jackson
International Law Studies
No abstract provided.
Xvi Litigating How We Fight, Ashley S. Deeks
Xvi Litigating How We Fight, Ashley S. Deeks
International Law Studies
No abstract provided.
Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney
Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney
International Law Studies
No abstract provided.
Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson
Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson
International Law Studies
No abstract provided.
Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans
Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans
Human Rights & Human Welfare
A review of:
Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.
The Iraq War: A Commander's Perspective, Michael L. Oates
The Iraq War: A Commander's Perspective, Michael L. Oates
International Law Studies
No abstract provided.
Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens
Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens
International Law Studies
No abstract provided.
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
International Law Studies
No abstract provided.
Legal Basis For Coalition Combat Operations In Iraq, May 2003-Present, Alexandra Perina
Legal Basis For Coalition Combat Operations In Iraq, May 2003-Present, Alexandra Perina
International Law Studies
No abstract provided.
Rule Of Law Capacity Building In Iraq, Richard Pregent
Rule Of Law Capacity Building In Iraq, Richard Pregent
International Law Studies
No abstract provided.
The Occupation Of Iraq: A Reassessment, Eyal Benvenisti, Guy Keinan
The Occupation Of Iraq: A Reassessment, Eyal Benvenisti, Guy Keinan
International Law Studies
No abstract provided.
The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren
The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren
International Law Studies
No abstract provided.
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
International Law Studies
No abstract provided.
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
International Law Studies
No abstract provided.
Full Volume 86: The War In Iraq: A Legal Analysis (2010)
Full Volume 86: The War In Iraq: A Legal Analysis (2010)
International Law Studies
No abstract provided.
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
International Law Studies
No abstract provided.