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Full-Text Articles in Law
Indiscriminate Attacks And The Past, Present, And Future Of The Rules/Standards And Objective/Subjective Debates In International Humanitarian Law, Stephen Townley
Indiscriminate Attacks And The Past, Present, And Future Of The Rules/Standards And Objective/Subjective Debates In International Humanitarian Law, Stephen Townley
Vanderbilt Journal of Transnational Law
Civil society, the United Nations, and others are subjecting the conduct of hostilities to increasing scrutiny. But they often lack access to internal targeting data and therefore frequently render legal judgments based on the effects of attacks or assertions that particular weapons or methods of combat are inherently unlawful. This Article analyzes the historical development of key provisions of international humanitarian law (IHL) within the framework of two perennial legal debates--that between rules and standards and that between objective and subjective tests. It argues that while targeting provisions have generally reflected a balance between those two dyads, the jurisprudence of …
Hunt Or Be Hunted, Jeremiah Cioffi
Hunt Or Be Hunted, Jeremiah Cioffi
Vanderbilt Journal of Transnational Law
Bulgaria is the geographic and political center of the European migrant crisis, which has the Bulgarian citizenry uneasy about its security. Bulgaria's societal disdain for Middle Eastern migrants stems from hundreds of years of subjugation and non-Muslim Bulgarians' second-class citizenship under the Ottoman Empire. Roving bands of civilian migrant hunters have begun taking the law into their own hands by capturing migrants and turning them over to the Bulgarian authorities for deportation. This Note discusses the illegality of such migrant hunting under Bulgarian domestic law. It then discusses how the impunity enjoyed by migrant hunters is an abdication of Bulgarian …