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Full-Text Articles in Law
Us May Be Complicit In War Crimes In Yemen, Lauren Carasik
Us May Be Complicit In War Crimes In Yemen, Lauren Carasik
Media Presence
No abstract provided.
Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
Scholarly Works
The five opinions in Zivotofsky v. Kerry – four by the Supreme Court’s Republican-nominated Justices – exposed fault-lines over foreign relations law that have remained hidden in many of the Court’s other cases. This short essay, part of an AJIL Unbound Agora on the case, explores the most notable of these fissures – that between Justice Kennedy, who wrote the majority opinion, and Chief Justice Roberts, who dissented. Their disagreement in this case highlights the two Justices’ very different visions of U.S. foreign relations law and reveals the dynamic that has defined the direction of the Court over the last …
Americans Have Yet To Grasp The Horrific Magnitude Of The ‘War On Terror’, Lauren Carasik
Americans Have Yet To Grasp The Horrific Magnitude Of The ‘War On Terror’, Lauren Carasik
Media Presence
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Publications
No abstract provided.
Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Self-Interest Or Self-Inflicted? How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks
Faculty Journal Articles and Book Chapters
This chapter explores the aspects of self-interest implicated by the US military prosecuting its own service members who violate the laws of war under different criminal charges than it prosecutes enemy belligerents who commit substantially similar offences. The chapter briefly explains how the US asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the …