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Full-Text Articles in Law

When Do “Closed Camps” Become Prisons By Another Name?, Mara R, Revkin Jan 2022

When Do “Closed Camps” Become Prisons By Another Name?, Mara R, Revkin

Faculty Scholarship

There is an inherent tension between the widespread practice of establishing camps to provide temporary housing and humanitarian assistance to migrants and the fundamental human right to freedom of movement. According to the United Nations High Commissioner for Refugees (UNHCR), some degree of limitation on rights—including movement—is “the defining characteristic” of camps. International law permits states to impose some restrictions on the movement of migrants, including temporary confinement in “closed camps,” for lawful purposes, including identity verification and security screening in situations of war, emergency, or other grave and exceptional circumstances. But that permission is subject to important limitations: restrictions …


Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr. Jan 2018

Targeting Of Persons: The Contemporary Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr. Jan 2016

Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.

Faculty Scholarship

This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …


Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr. Jan 2012

Do We Need New Regulations In International Humanitarian Law? One American’S Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict, Charles J. Dunlap Jr. Jan 2011

The Mottled Legacy Of 9/11: A Few Reflections On The Evolution Of The International Law Of Armed Conflict, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Does Lawfare Need An Apologia?, Charles J. Dunlap Jr. Jan 2010

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Faculty Scholarship

Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning as ideologically neutral description of how law might be used in armed conflict. It emphasizes that although law may be manipulated by some belligerents for nefarious purposes, it can still serve to limit human suffering in war. In discussing the current state of the concept of lawfare, the essay reviews several contentious areas, and recognizes the concerns of critics. The paper concludes that lawfare is still a useful term, and is optimized when it is …


Withdrawing From International Custom, Curtis A. Bradley, Mitu Gulati Jan 2010

Withdrawing From International Custom, Curtis A. Bradley, Mitu Gulati

Faculty Scholarship

Treaties are negotiated, usually written down, and often subject to cumbersome domestic ratification processes. Nonetheless, nations often have the right to withdraw unilaterally from them. By contrast, the conventional wisdom is that nations never have the legal right to withdraw unilaterally from the unwritten rules of customary international law (CIL), a proposition that we refer to as the “Mandatory View.” It is not obvious, however, why it should be easier to exit from treaties than from CIL, especially given the significant overlap that exists today between the regulatory coverage of treaties and CIL, as well as the frequent use of …


Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr. Jan 2001

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.