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Full-Text Articles in Law
Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra
Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra
International Law Studies
In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …
Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop
Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop
International Law Studies
Advances in science and technology have made it possible to improve the physical and cognitive capabilities of warfighters by biomedical interventions, such as the administration of drugs, the implantation of devices, and the magnetic stimulation of the brain. These advances raise the question as to whether enhanced warfighters ought to be considered weapons, means of warfare, or methods of warfare, for the purposes of the law of armed conflict. An affirmative answer to this question would make human enhancement subject to various restrictions arising from the law of armed conflict as well as arms control law. This article disagrees with …
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
Partners And Legal Pitfalls, Brian Finucane
Partners And Legal Pitfalls, Brian Finucane
International Law Studies
Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
International Law Studies
The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …
Mapping War Crimes In Syria, Beth Van Schaak
Mapping War Crimes In Syria, Beth Van Schaak
International Law Studies
This article maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction and which perpetrators may be made subject to indictment. The article next focuses on some open legal and factual issues around certain …
The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin
The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin
International Law Studies
Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through …
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
International Law Studies
The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …
Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt
Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt
International Law Studies
No abstract provided.
Seeking International Criminal Justice In Syria, Annika Jones
Seeking International Criminal Justice In Syria, Annika Jones
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.
Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow
Combating Terrorist: Legal Challenges In The Post-9/11 World, Nicholas Rostow
International Law Studies
No abstract provided.
New Technology And The Law Of Armed Conflict, Darren M. Stewart
New Technology And The Law Of Armed Conflict, Darren M. Stewart
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.
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.
Legal Considerations In Relation To Maritime Operations Against Iraq, Neil Brown
Legal Considerations In Relation To Maritime Operations Against Iraq, Neil Brown
International Law Studies
No abstract provided.
The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg
The Proliferation Security Initiative: Security Vs. Freedom Of Navigation?, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen
Limits On The Use Of Force In Maritime Operations In Support Of Wmd Counter-Proliferation Initiatives, Craig H. Allen
International Law Studies
No abstract provided.
The Laws Of War In The War On Terror, Adam Roberts
The Laws Of War In The War On Terror, Adam Roberts
International Law Studies
No abstract provided.
Information Operations In The Space Law Arena: Science Fiction Becomes Reality, Douglas S. Anderson, Christopher R. Dooley
Information Operations In The Space Law Arena: Science Fiction Becomes Reality, Douglas S. Anderson, Christopher R. Dooley
International Law Studies
No abstract provided.
Full Volume 75: International Law Across The Spectrum Of Conflict
Full Volume 75: International Law Across The Spectrum Of Conflict
International Law Studies
No abstract provided.
Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks
Making Law Of War Treaties: Lessons From Submarine Warfare Regulation, Hays W. Parks
International Law Studies
No abstract provided.
Properly Speaking, Only Celestial Bodies Have Been Reserved For Use Exclusively For Peaceful (Non-Military) Purposes, But Not Outer Void Space, Bin Cheng
International Law Studies
No abstract provided.
Chapter Vi (The Tanker War And The Maritime Environment)
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
Full Volume 74: The Tanker War, 1980-88: Law And Policy
International Law Studies
No abstract provided.
Chapter X: Nuclear, Chemical, And Biological Weapons
Chapter X: Nuclear, Chemical, And Biological Weapons
International Law Studies
No abstract provided.
Chapter Ix: Conventional Weapons And Weapons Systems
Chapter Ix: Conventional Weapons And Weapons Systems
International Law Studies
No abstract provided.
Nuclear Weapons And The World Court: The Icj's Advisory Opinion And Its Significance For U.S. Strategic Doctrine, Robert F. Turner
Nuclear Weapons And The World Court: The Icj's Advisory Opinion And Its Significance For U.S. Strategic Doctrine, Robert F. Turner
International Law Studies
No abstract provided.
Full Volume 72: Law Of Military Operations Liber Amicorum
Full Volume 72: Law Of Military Operations Liber Amicorum
International Law Studies
No abstract provided.
Shooting Down Drug Traffickers, Phillip A. Johnson
Shooting Down Drug Traffickers, Phillip A. Johnson
International Law Studies
No abstract provided.