Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Georgia School of Law (42)
- US Army War College (39)
- Selected Works (20)
- American University Washington College of Law (12)
- U.S. Naval War College (12)
-
- University of Michigan Law School (12)
- Duke Law (10)
- St. Mary's University (10)
- Southern Methodist University (9)
- Roger Williams University (7)
- UIC School of Law (6)
- Maurer School of Law: Indiana University (5)
- Virginia Commonwealth University (5)
- Columbia Law School (3)
- DePaul University (3)
- Georgia Southern University (3)
- New York Law School (3)
- University at Buffalo School of Law (3)
- University of Richmond (3)
- University of South Carolina (3)
- William & Mary Law School (3)
- Claremont Colleges (2)
- Embry-Riddle Aeronautical University (2)
- Florida State University College of Law (2)
- Fordham Law School (2)
- Old Dominion University (2)
- Pace University (2)
- Pepperdine University (2)
- SIT Graduate Institute/SIT Study Abroad (2)
- Union College (2)
- Keyword
-
- Military (14)
- NATO (12)
- War (12)
- IHL (11)
- LOAC (11)
-
- Law of Armed Conflict (11)
- World War II (11)
- Terrorism (10)
- United Nations (10)
- International law (9)
- Syria (9)
- Iraq (7)
- Military law (7)
- Self-defense (7)
- Use of Force (7)
- Vietnam (7)
- War and Peace (7)
- Afghanistan (6)
- Armed conflict (6)
- Armed conflicts (6)
- China (6)
- Human Rights Law (6)
- Iran (6)
- St. Mary’s Law Journal (6)
- St. Mary’s University School of Law (6)
- Warsaw Pact (6)
- Aggression (5)
- Army (5)
- Human rights (5)
- ICJ (5)
- Publication
-
- Georgia Journal of International & Comparative Law (41)
- The US Army War College Quarterly: Parameters (38)
- International Law Studies (12)
- Faculty Scholarship (11)
- St. Mary's Law Journal (10)
-
- Faculty Journal Articles and Book Chapters (7)
- Articles (6)
- American University National Security Law Brief (5)
- Articles in Law Reviews & Other Academic Journals (5)
- Law Faculty Scholarship (5)
- Mighty Pen Project Anthology & Archive (5)
- Eric R. Carpenter (4)
- John C. Dehn (4)
- Michigan Journal of International Law (4)
- UIC Review of Intellectual Property Law (4)
- Articles & Chapters (3)
- Articles by Maurer Faculty (3)
- International Human Rights Law Journal (3)
- James Houck (3)
- ROTC News Online (2013-2019) (3)
- South Carolina Law Review (3)
- Buffalo Human Rights Law Review (2)
- Criminal Law Practitioner (2)
- Engineering Technology Faculty Publications (2)
- Faculty Publications (2)
- Florida State University Law Review (2)
- Fordham Urban Law Journal (2)
- Honors Theses (2)
- Independent Study Project (ISP) Collection (2)
- Law Faculty Publications (2)
Articles 31 - 60 of 270
Full-Text Articles in Law
Implementation Of Executive Order Of July 1, 2016, Human Rights Institute
Implementation Of Executive Order Of July 1, 2016, Human Rights Institute
Human Rights Institute
October 6, 2016, NEW YORK – The Columbia Law School Human Rights Clinic today urged the Obama Administration to fulfill its promises of transparency and accountability for U.S. drone strikes. Over the past decade, the U.S. government has killed thousands of people around the world in a program largely cloaked in secrecy. Together with a group of leading non-governmental organizations, the Clinic called on the government to act on promises it made over the summer to investigate drone strikes and compensate victims.
The Soul Of The Drone Operator: The Place Of The Cardinal Virtues In Drone Warfare, Lazarus Ejike Onuh
The Soul Of The Drone Operator: The Place Of The Cardinal Virtues In Drone Warfare, Lazarus Ejike Onuh
Theology Graduate Theses
Contents
Acknowledgements
List of Abbreviations
Introduction
Chapter
- The Value of Human Life and the Paradox of War
- The Nuts and Bolts of Drones
- The Moral Landscape of Drone Warfare and Its Implication on the Just War Theory
- The Cardinal Virtues and the Drone Operator
- The Victimhood of the Drone Operator
- Beyond Moral Injury; Soul Wound and Repair
Conclusion
Bibliography
Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Faculty Publications
No abstract provided.
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Northwestern University Law Review
This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Faculty Journal Articles
This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural …
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Donna M. Hughes
Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty
Duke Law & Technology Review
Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from …
The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford
Stuart Ford
No abstract provided.
The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker
The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker
West Virginia Law Review
No abstract provided.
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Articles by Maurer Faculty
The literature surrounding the international legality of peacetime espionage has so far centered around one single question: whether there exist within treaty or customary international law prohibitive rules against the collection of foreign intelligence in times of peace. Lacking such rules, argue the permissivists, espionage functions within a lotus vacuum, one in which States may spy on each other and on each other's nationals with no restrictions, justifying their behavior through the argumentum ad hominem of "tu quoque." . . .
Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial, Peter Margulies
Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
John C. Dehn
After over fourteen years of continuous armed conflict, neither courts nor commentators are closer to a common understanding of how, or the extent to which, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates and defends the first normative theory regarding the general relationship of customary international law to the U.S. legal system that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law …
The War On Terror, How The Strategies Used By The United States Against Islamic Extremism Have Been Ineffective, Hein Paing
Student Works
The purpose of this thesis is to investigate the ineffective strategies used by the United States and coalition forces in the fight against Islamic extremist terrorism. The continuation of terrorist groups acting in the name of Islam begs the question as to just how well have these strategies worked, and what further measures must be taken in order to quell the existence of these organizations? This will be done through the examination of tactics such as the deployment of troops, bombardments from airstrikes, and the restrictive rules of engagements. When explored thoroughly, it will be easier to ascertain exactly why …
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
Mary Ellen O'Connell
The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.
Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune
Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune
Annual Survey of International & Comparative Law
The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Mark A. Drumbl
No abstract provided.
Classifying The Conflict In Syria, Terry D. Gill
Classifying The Conflict In Syria, Terry D. Gill
International Law Studies
This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply these …
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Pace International Law Review
Cyber-attacks take many forms, only some of which are applicable to the law of war. This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. This definition should encompass cyber-attacks perpetrated by states, unrecognized …
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
University of Miami Law Review
This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Georgia Journal of International & Comparative Law
No abstract provided.
A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust
A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon
Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon
Georgia Journal of International & Comparative Law
No abstract provided.
Lessons From Gaza: The Rhetoric And Reality Of Independence In War Crimes Investigations, Peter Margulies
Lessons From Gaza: The Rhetoric And Reality Of Independence In War Crimes Investigations, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Obiora Chinedu Okafor
No abstract provided.
Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack
Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell
Georgia Journal of International & Comparative Law
No abstract provided.
International Straits: The Right Of Access, R. P. Cundick
International Straits: The Right Of Access, R. P. Cundick
Georgia Journal of International & Comparative Law
No abstract provided.