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Full-Text Articles in Law

Why The Hurry To Regulate Autonomous Weapon Systems-But Not Cyber-Weapons?, Kenneth Anderson Jan 2016

Why The Hurry To Regulate Autonomous Weapon Systems-But Not Cyber-Weapons?, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Should The Best Offenses Ever Be A Good Defense: The Public Authority To Use Force In Millitary Operations: Recalibrating The Use Of Force Rules In The Standing Rules Of Engagement, Gary Corn Jan 2016

Should The Best Offenses Ever Be A Good Defense: The Public Authority To Use Force In Millitary Operations: Recalibrating The Use Of Force Rules In The Standing Rules Of Engagement, Gary Corn

Articles in Law Reviews & Other Academic Journals

The Chairman of the Joint Chiefs of Staff's Standing Rules of Engagement/StandingRules for the Use of Force (SROE/SRUF)for U.S. Forces provides strategic guidance to the armed forces on the authority to use force during all military operations. The standing self-defense rules in the SROE for national, unit, and individual self-defense form the core of these use-of-force authorities. The SROE self-defense rules are incorrectly built on a unitary jus ad bellum framework, legally inapplicable below the level of national self-defense. Coupled with the pressures of sustained counter-insurgency operations, this misalignment of individual and unit self-defense authorities has led to a conflation …


State-Enabled Crimes, Rebecca Hamilton Jan 2016

State-Enabled Crimes, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …


How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez Jan 2016

How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Debunking The Myth Of Universal Male Privilege, Jamie Abrams Jan 2016

Debunking The Myth Of Universal Male Privilege, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …