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Articles 1 - 4 of 4
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 …
Contorting Common Article 3, Michael A. Newton
Contorting Common Article 3, Michael A. Newton
Vanderbilt Law School Faculty Publications
This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article 3 to encompass members of the same armed group who commit criminal acts against one another.' In particular, the Revised Commentary fails to address the due process ramifications of an enlarged Common Article 3, even as the development of the text documented by the readily available negotiating record warrants an alternative understanding. Lastly, the ICRC position could indicate a radical shift in the very design of the …
Refugee Reception And Perception: Us Detention Camps And German Welcome Centers, Karla M. Mckanders, Valeria Gomez
Refugee Reception And Perception: Us Detention Camps And German Welcome Centers, Karla M. Mckanders, Valeria Gomez
Vanderbilt Law School Faculty Publications
The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay compares the treatment of asylum seekers at reception in United States and Germany through each countries’ freedom and restriction of movement laws. This comparative analysis is based on Professor Karla McKanders’ December 2015 exploratory trip to Germany to learn more about the processing refugees in the midst of Germany accepting unprecedented numbers of refugees; and attorney Valeria Gomez’s December 2015 volunteer experience in the South Texas Family …