Law Commons^™

Booty, Bounty, Blockade, And Prize: Time To Reevaluate The Law, Andrew Clapham

International Law Studies

This article considers the so-called belligerent rights of States in times of war. In particular it focuses on booty of war, blockade, and the capture of merchant ships and their cargo. It is suggested that, while the rules may not often be applied today, they nevertheless continue to exert a certain influence, contributing to confusion about the boundaries of the legitimate use of force and a blurring of the distinction between military objectives and civilian objects.

Considering that the UN Charter has outlawed the use of force, the article also questions why such rules concerning capture should continue to have …

Classification Of Cyber Capabilities And Operations As Weapons, Means, Or Methods Of Warfare, Jeffrey T. Biller, Michael N. Schmitt

International Law Studies

Despite several persistent controversies regarding how international law applies to cyber operations during an armed conflict, general understanding of the law in this domain is maturing. Reasoning by analogy to non-cyber application and interpretation of international law underlies much of the progress. Yet, although preexisting normative structures and legal terminology enable legal advisors and scholars to usefully draw upon previously acquired experience and understanding, there are obstacles to definitive analogizing that result from fundamental differences between cyber and kinetic operations. The number of imperfect analogies that underlie some of the normative uncertainty in the field underscores this point.

One key …

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …

Territorial Sovereignty And Neutrality In Cyberspace, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn

International Law Studies

No abstract provided.

Hacking Into International Humanitarian Law: The Principles Of Distinction And Neutrality In The Age Of Cyber Warfare, Jeffrey T.G. Kelsey

Michigan Law Review

Cyber warfare is an emerging form of warfare not explicitly addressed by existing international law. While most agree that legal restrictions should apply to cyber warfare, the international community has yet to reach consensus on how international humanitarian law ("IHL") applies to this new form of conflict. After providing an overview of the global Internet structure and outlining several cyber warfare scenarios, this Note argues that violations of the traditional principles of distinction and neutrality are more likely to occur in cyber warfare than in conventional warfare. States have strong incentives to engage in prohibited cyber attacks, despite the risk …

Noble Human Rights Defender Or International Band-Aid? On Contemporary Humanitarianism, Kurt Mills

Human Rights & Human Welfare

A review of:

The Humanitarians: The International Committee of the Red Cross by David P. Forsythe. Cambridge: Cambridge University Press, 2005.

The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

The Laws Of War In The War On Terror, Adam Roberts

International Law Studies

No abstract provided.

The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood

International Law Studies

No abstract provided.

Chapter Vi (The Tanker War And The Maritime Environment)

International Law Studies

No abstract provided.

Full Volume 74: The Tanker War, 1980-88: Law And Policy

International Law Studies

No abstract provided.

First In The Field: The Unique Mission And Legitimacy Of The Red Cross In A Culture Of Legality, Kenneth Anderson

Popular Media

This 1998 Times Literary Supplement essay reviews a massive history of the International Committee of the Red Cross and the Red Cross movement up through the end of the Second World War - a book which was the first to use access to ICRC archives of the Second World War.

The Falklands Crisis And The Laws Of War, Howard Levie

International Law Studies

First published in The Falklands War: Lessons for Strategy, Diplomacy and International Law 64 (Alberto R. Coli and Anthony C. Arend eds., 1985)

Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, M. W. Janis

International Law Studies

No abstract provided.

Comments On Hugh Lynch's Paper: Strategic Imperatives: Economic Warfare At Sea, Harry Almond

International Law Studies

No abstract provided.

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

Index

International Law Studies

No abstract provided.

International Law, The Oas And The Dominican Crisis, Charles G. Fenwick

International Law Studies

No abstract provided.

Law Of Naval Warfare, William O. Miller

International Law Studies

No abstract provided.

Blockade: Evolution And Expectation, James F. Mcnulty

International Law Studies

No abstract provided.

International Law And The American Hostages In Iran, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

Additional Articles Relating To The Condition Of The Wounded Of Armies In The Field (20 October 1868), Howard S. Levie

International Law Studies

No abstract provided.

1907 Hague Convention V Respecting The Rights And Duties Of Neutral Powers And Persons In Case Of War On Land (18 October 1907), Howard S. Levie

International Law Studies

No abstract provided.

Geneva Convention For The Amelioration Of The Condition Of The Wounded In Armies In The Field (22 August 1864), Howard S. Levie

International Law Studies

No abstract provided.

Chapter I: Submarine Warfare And International Law, W. T. Mallison Jr

International Law Studies

No abstract provided.

Chapter Iii: Claims Concerning Lawful Areas Of Operation: Submarine Operational Areas, W. T. Mallison Jr

International Law Studies

No abstract provided.

Table Of Contents

International Law Studies

No abstract provided.