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Full-Text Articles in Law
Revisiting Ad Bellum Proportionality: Challenging The Factors Used To Assess It, Yishai Beer
Revisiting Ad Bellum Proportionality: Challenging The Factors Used To Assess It, Yishai Beer
International Law Studies
Traditionally, international law has established a binary distinction between jus ad bellum and jus in bello. The former relates to the right to exercise military force. The latter regulates the conduct of adversaries engaged in an armed conflict. However, the prevailing legal approach doesn't accept this dichotomy. It wants to reduce war's hazards by applying the ad bellum rules, including the proportionality requirement, continuously throughout the conduct of armed conflict. To that end, it has established factors that define the essence of the continuing ad bellum proportionality requirement. This article challenges the near-unanimous consensus regarding these factors. It argues that …
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
International Law Studies
Controversy and confusion pervade the law of armed conflict. Its most basic rules may seem ambiguous, vague, incomplete, or inconsistent. The prevailing view of customary international law confronts serious problems, in principle and in practice, when applied to the customary law of armed conflict. Legal indeterminacy, in its different forms, might be reduced or resolved in light of the object and purpose of the law of armed conflict, or by taking into account other relevant rules of international law. Unfortunately, the purpose of the law of armed conflict is itself the subject of deep disagreement. So is the relationship between …
Medical Care In Urban Conflict, Kenneth Watkin
Medical Care In Urban Conflict, Kenneth Watkin
International Law Studies
The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care …
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
International Law Studies
As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.
Military Commissions: Old Laws For New Wars, William K. Lietzau
Military Commissions: Old Laws For New Wars, William K. Lietzau
International Law Studies
No abstract provided.
U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, H. B. Robertson Jr.
U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, H. B. Robertson Jr.
International Law Studies
No abstract provided.
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
Comments On Hugh Lynch's Paper: Strategic Imperatives: Economic Warfare At Sea, Harry Almond
International Law Studies
No abstract provided.
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
International Law Studies
No abstract provided.
Comments On H. B. Robertson's Paper: U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, Kaishoven Frits
Comments On H. B. Robertson's Paper: U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, Kaishoven Frits
International Law Studies
No abstract provided.
Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, W. J. Fenrick
International Law Studies
No abstract provided.
Moving International Law From Theory To Practice: The Role Of Military Manuals In Effectuating The Law Of Armed Conflict, W. Michael Reisman, William K. Leitzau
Moving International Law From Theory To Practice: The Role Of Military Manuals In Effectuating The Law Of Armed Conflict, W. Michael Reisman, William K. Leitzau
International Law Studies
No abstract provided.
The Law Of Submarine Warfare Today, Jon L. Jacobson
The Law Of Submarine Warfare Today, Jon L. Jacobson
International Law Studies
No abstract provided.
Nuclear, Chemical, And Biological Weapons, Howard S. Levie
Nuclear, Chemical, And Biological Weapons, Howard S. Levie
International Law Studies
No abstract provided.
Appendix: Commander's Handbook On The Law Of Naval Operations
Appendix: Commander's Handbook On The Law Of Naval Operations
International Law Studies
No abstract provided.
Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison
Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison
International Law Studies
No abstract provided.
Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven
Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven
International Law Studies
No abstract provided.
Submarine Mines In International Law, Thomas A. Clingan Jr.
Submarine Mines In International Law, Thomas A. Clingan Jr.
International Law Studies
No abstract provided.
The Law Of Piracy: The Origins, Alfred P. Rubin
The Law Of Piracy: The Origins, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin
International Law Studies
No abstract provided.
Recent Trends Of International Law, Nicholas Deb. Katzenbach
Recent Trends Of International Law, Nicholas Deb. Katzenbach
International Law Studies
No abstract provided.
International Law And The Use Of Force, Shabtai Rosenne
International Law And The Use Of Force, Shabtai Rosenne
International Law Studies
No abstract provided.
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
Forcible Self·Help Under International Law, Richard B. Lillich
Forcible Self·Help Under International Law, Richard B. Lillich
International Law Studies
No abstract provided.
An Introduction To The Role Of Law In The World Community, W. Thomas Mallison Jr.
An Introduction To The Role Of Law In The World Community, W. Thomas Mallison Jr.
International Law Studies
No abstract provided.
1907 Hague Convention Iv With Respect To The Laws And Customs Of War On Land (With Annexed Regulations) (18 October 1907), Howard S. Levie
1907 Hague Convention Iv With Respect To The Laws And Customs Of War On Land (With Annexed Regulations) (18 October 1907), Howard S. Levie
International Law Studies
No abstract provided.
United States V. Henry Wirz (Washington, 24 October 1865), Howard S. Levie
United States V. Henry Wirz (Washington, 24 October 1865), Howard S. Levie
International Law Studies
No abstract provided.
Imperial Decree Of 4 August 1811 Concerning Prisoners Of War And Hostages (France), Howard S. Levie
Imperial Decree Of 4 August 1811 Concerning Prisoners Of War And Hostages (France), Howard S. Levie
International Law Studies
No abstract provided.