Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International humanitarian law (3)
- Law of armed conflict (3)
- Actus reus (2)
- Aiding and abetting (2)
- Bosnia-herzegovina (2)
-
- Command responsibility (2)
- Croatia (2)
- ICTY (2)
- IHL (2)
- Law of war (2)
- Liability (2)
- Perisic (2)
- SVK (2)
- Specific direction (2)
- Substantial effect (2)
- Tadic (2)
- VJ (2)
- VRS (2)
- War crimes (2)
- Yugoslavia (2)
- Afghanistan (1)
- Belligerents (1)
- Capture (1)
- Casualties (1)
- Casualty (1)
- Child soldiers (1)
- Civilian (1)
- Combatants (1)
- Commission (1)
- Congo (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Agency Of Risk: The Competing Balance Between Protecting Military Forces And The Civilian Population During Counterinsurgency Operations In Afghanistan, Chris Jenks
Faculty Journal Articles and Book Chapters
Using both the International Security Assistance Force’s tactical directive on use of force in Afghanistan and doctrinal concepts from the US military’s counterinsurgency manual, this chapter explores the allocation of risk between the military force and Afghan civilian population. The chapter first reviews civilian and military casualty figures and then uses those numbers as a touchstone against which to consider each group’s perception of the risk they face.
Correspondents' Reports United States Of America, Chris Jenks
Correspondents' Reports United States Of America, Chris Jenks
Faculty Journal Articles and Book Chapters
This correspondent report compiles examples of where and how in 2013 the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in military courts-martial and captured enemy belligerents in military commissions and by US federal courts hearing detainee habeas challenges.
Law As Shield, Law As Sword: The Icc's Lubanga Decision, Child Soldiers And The Perverse Mutualism Of Direct Participation In Hostilities, Chris Jenks
Faculty Journal Articles and Book Chapters
The International Criminal Court’s Lubanga decision has been hailed as a landmark ruling heralding an end to impunity for those who recruit and employ children in armed conflict and a pivotal victory for the protection of children. Overlooked amidst this self-congratulation is that the ICC incorrectly applied the law governing civilian participation in hostilities which perversely places child soldiers at greater risk of being attacked. The Court created a false distinction between active and direct participation in hostilities. Expanding the kinds and types of behaviors that constitute children actively participating in hostilities expanded Lubanga's liability. But under the law of …
Prosecutor V. Perišić, Case No. It-04-81-A, International Criminal Tribunal For The Former Yugoslavia, Chris Jenks
Prosecutor V. Perišić, Case No. It-04-81-A, International Criminal Tribunal For The Former Yugoslavia, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić formulation the case may, sadly, signal the fragmentation of international criminal law.
Introductory Note To Prosecutor V. Perišić, International Criminal Tribunal For The Former Yugoslavia (Icty), Chris Jenks
Introductory Note To Prosecutor V. Perišić, International Criminal Tribunal For The Former Yugoslavia (Icty), Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić fomulation the case may, sadly, signal the fragmentation of international criminal law.
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey S. Corn, Chris Jenks
Faculty Journal Articles and Book Chapters
When should a suspected terrorist receive Miranda warnings, and should confessions obtained without obtaining a waiver of the Miranda right to silence and assistance of counsel be admissible at trial? The answer to this question turns on the scope of what is known as the Public Safety Exception (PSE) to the Miranda warning and waiver requirement. Established by the Supreme Court in 1984 in New York v. Quarles, the exception allows the use of confessions obtained from suspects questioned after being placed in custody (the situation that triggers the Miranda warning and waiver requirement) when the questions respond to an …
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
Faculty Journal Articles and Book Chapters
The law of armed conflict provides the authority to use lethal force as a first resort against identified enemy belligerent operatives. There is virtually no disagreement with the rule that once an enemy belligerent becomes hors de combat — what a soldier would recognizes as “combat ineffective” — this authority to employ deadly force terminates. Recently, however, some have forcefully asserted that the LOAC includes an obligation to capture in lieu of employing deadly force whenever doing so presents no meaningful risk to attacking forces, even when the enemy belligerent is neither physically disabled or manifesting surrender. Proponents of this …