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Articles 31 - 60 of 199
Full-Text Articles in Law
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi
International Law Studies
This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …
Is Jus In Bello In Crisis?, Jens Ohlin
Is Jus In Bello In Crisis?, Jens Ohlin
Jens David Ohlin
It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …
1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines
1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines
International Law Studies
This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …
New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters
New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters
Dalhousie Law Journal
The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levee en masse, and asking whether the concept could have relevance in the cyber context. The article treats levee en masse as a litmus test for the law's relevance; if this IHL "relic" could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less doubtful.
Moral Touchstone, Not General Deterrence: The Role Of International Criminal Justice In Fostering Compliance With International Humanitarian Law, Chris Jenks
Faculty Journal Articles and Book Chapters
This article contends that international criminal justice provides minimal general deterrence of future violations of international humanitarian law (IHL). Arguments that international courts and tribunals deter future violations – and that such deterrence is a primary objective – assume an internally inconsistent burden that the processes cannot bear, in essence setting international criminal justice up for failure. Moreover, the inherently limited number of proceedings, the length of time required, the dense opinions generated, the relatively light sentences and the robust confinement conditions all erode whatever limited general deterrence international criminal justice might otherwise provide. Bluntly stated, thousands of pages of …
"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson
"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson
K Benson
Anwar al-Awlaki was the first American citizen to be targeted for extrajudicial assassination by the Obama administration. While scholarly attention has focused on legality of his killing under domestic law, his status as a chaplain under International Humanitarian Law (IHL) has gone unexamined. The possibility that Anwar al-Awlaki may have been a protected person as a chaplain has profound ramifications for the legality of his killing and for the conduct of the war on terror more generally. As the definition of a "Chaplain" under IHL is under-developed at best and vague at worst, ideologues such as Mr. al-Awlaki operate in …
Lawful Targets In Cyber Operations: Does The Principle Of Distinction Apply?, Noam Lubell
Lawful Targets In Cyber Operations: Does The Principle Of Distinction Apply?, Noam Lubell
International Law Studies
No abstract provided.
Is Jus In Bello In Crisis?, Jens David Ohlin
Is Jus In Bello In Crisis?, Jens David Ohlin
Cornell Law Faculty Publications
It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …
Non-International Armed Conflicts In The Phillippines, Raymundo B. Ferrer, Randolph G. Cabangbang
Non-International Armed Conflicts In The Phillippines, Raymundo B. Ferrer, Randolph G. Cabangbang
International Law Studies
No abstract provided.
Twenty-First-Century Challenges: The Use Of Military Forces To Combat Criminal Threats, Juan Carlos Gomez
Twenty-First-Century Challenges: The Use Of Military Forces To Combat Criminal Threats, Juan Carlos Gomez
International Law Studies
No abstract provided.
Detention In Non-International Armed Conflicts, Knut Dormann
Detention In Non-International Armed Conflicts, Knut Dormann
International Law Studies
No abstract provided.
Use Of Unmanned Systems To Combat Terrorism, Raul A. "Pete" Pedrozo
Use Of Unmanned Systems To Combat Terrorism, Raul A. "Pete" Pedrozo
International Law Studies
No abstract provided.
Cyber Operations And The Jus In Bello: Key Issues, Michael N. Schmitt
Cyber Operations And The Jus In Bello: Key Issues, Michael N. Schmitt
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.
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.
Xvii Asymmetric Warfare: How To Respond?, Wolff Heintschel Von Heinegg
Xvii Asymmetric Warfare: How To Respond?, Wolff Heintschel Von Heinegg
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.
Warning Civilians Prior To Attack Under International Law: Theory And Practice, Pnina Sharvit Baruch, Noam Neuman
Warning Civilians Prior To Attack Under International Law: Theory And Practice, Pnina Sharvit Baruch, Noam Neuman
International Law Studies
No abstract provided.
Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein
Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein
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.
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.
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 International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns
The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns
International Law Studies
No abstract provided.
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
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.
Afghanistan And The Nature Of Conflict, Charles Garraway
Afghanistan And The Nature Of Conflict, Charles Garraway
International Law Studies
No abstract provided.
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
International Law Studies
No abstract provided.
Stability Operations: A Guiding Framework For "Small Wars" And Other Conflicts Of The Twenty-First Century, Kenneth Watkin
Stability Operations: A Guiding Framework For "Small Wars" And Other Conflicts Of The Twenty-First Century, Kenneth Watkin
International Law Studies
No abstract provided.