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Full-Text Articles in Law

The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy Sep 2003

The Costs Of Covert Warfare: Airpower, Drugs, And Warlords In The Conduct Of U.S Foreign Policy, Alfred W. Mccoy

New England Journal of Public Policy

Over the last fifty years the United States has fought four covert wars by using a unique combination of special operations and airpower as a substitute for regular ground troops. Such covert wars are removed from Congressional oversight and conventional diplomacy. Their battlegrounds become the loci of political instability. In highland Asia, while these covert wars are being fought, CIA protection transforms tribal warlords into powerful drug lords linked to international markets. Arguably, every nation needs an intelligence service to warn of future dangers. But should this nation have the right, under U.S. or international law, to conduct its foreign …


Editor's Note, Padraig O'Malley Sep 2003

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this and the next issue of the New England Journal of Public Policy we will look at issues of war in the twentieth century; at how the nature and purpose of war have changed; at how evil stalks the human condition, how we forget, most likely because we want to forget. Some truths are too terrible to bear. They require us to ask questions of ourselves that our psyches are not equipped to answer and so they close down for the sake of our survival. Had we slaughtered dumb animals in the manner in which we slaughtered ourselves during …


International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood May 2003

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.


Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey May 2003

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …