Law Commons^™

Humanity & National Security: The Law Of Mass Atrocity Response Operations, Keith A. Petty

Keith A. Petty

As the world watches civilian slaughter in Syria, the United States is refining a whole of government approach to prevent and respond to genocide and other atrocity crimes. Military intervention under the recently developed concept of Mass Atrocity Response Operations (MARO) will certainly be included as part of any planning contingency, following diplomatic, economic, and multilateral actions. The current state of international law, however, only permits the use of force, to prevent atrocity crimes or for any other reason, if authorized by the UN Security Council (UNSC) or in self-defense. When the UNSC fails to act—as it has so often …

Who Watches The Watchmen? 'Vigilant Doorkeeping,' The Alien Tort Statute, & Possible Reform, Keith A. Petty

Keith A. Petty

The Alien Tort Statute (ATS) allows alien plaintiffs to file civil actions in U.S. district courts for torts violating the law of nations or U.S. treaties. After the 2nd Circuit’s Filartiga decision in 1980, the debate began as to whether the ATS was a useful tool against human rights violators or an intrusion into U.S. foreign relations. In 2004, the Supreme Court in Sosa v. Alvarez-Machain resolved some of the questions left open by Filartiga.

Sosa concluded that ATS claims must be limited to law of nations violations as well defined as those recognized in 1789. The Court tasked the …

Are You There, Geneva? It's Me, Guantanamo, Keith A. Petty

Keith A. Petty

This essay examines the application of the Geneva Conventions at the Guantánamo Bay Military Commissions. International and domestic commentators have long criticized the military commissions for failing to adhere to the laws of armed conflict enshrined in Geneva, referring to Guantánamo as a “legal black hole.” This criticism, however, is misplaced. Since the attacks of September 11, 2001, the legal framework for prosecuting suspected terrorism detainees has evolved. The underlying reason for this is a considerable gap in the Geneva protective regime for combatants who do not satisfy the legal requirements of prisoners of war (GCIII) or civilians (GCIV). Nonetheless, …

Veiled Impunity: Iran's Use Of Non-State Armed Groups, Keith A. Petty

Keith A. Petty

Iran’s use of non-state armed groups is a key component of its foreign policy, and is more sophisticated than the blunt use of force against other States. As such, this strategy is deceptively threatening to the territorial integrity and political independence of the target States who host groups such as Hezbollah, Mahdi’s Army, and Hamas. Under traditional interpretations of the jus ad bellum, indirect aggression can be attributed to sponsor States if it is comparable to the direct use of force by a State, or if the State is substantially involved in the armed group’s attack. That Iranian support is …