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Full-Text Articles in Law

Law-Of-War Perfidy, Sean Watts Jul 2013

Law-Of-War Perfidy, Sean Watts

Sean Watts

More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as a medium of exchange between combatants – a guarantee of minimum respect and trust between belligerents even in the turmoil of war. Indeed, it may be difficult to conceive of an operative or effective war convention at all without guarantees against and protections from perfidy. Yet most existing conceptions of perfidy, whether drawn from treaty, military legal doctrine, or legal scholarship, merely restate imprecise codifications or offer little more than a vague sensibility. This article offers detailed …


A Regime In Need Of A Balance: The Un Counter-Terrorism Regime Between Security And Human Rights, Isaac Kfir Jul 2013

A Regime In Need Of A Balance: The Un Counter-Terrorism Regime Between Security And Human Rights, Isaac Kfir

Isaac Kfir

Since 9/11, the UN’s counter-terrorism regime has developed two distinct approaches on combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. The General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the application of UN policy …


A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris Jul 2013

A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris

Andrew Norris

No abstract provided.


U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne Jul 2013

U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne

Allison Rogne

It is a well-established principle, both domestically and internationally, that rape is torture when suffered as part of confinement. It is also well documented, both domestically and internationally, that rape is rampant in U.S. prisons. And it is well established, both domestically and internationally, that those who torture should not do so with impunity, that that impunity is an affront to civilization and the human rights principles to which we all strive. And yet, in U.S. prisons, shocking numbers of women are systematically raped and sexually abused by those that would rehabilitate them. Female prisoners are victims of vaginal and …


Lawfulness Of And The Case For Combat Drone Against Terrorism, Heeyong D. Jang Jun 2013

Lawfulness Of And The Case For Combat Drone Against Terrorism, Heeyong D. Jang

Heeyong D Jang

The proliferation and use of unmanned combat aerial vehicles (UCAVs) since the September 11 attack triggered lively academic debates. The discussion thus far, often tainted by illegitimate ad bellum-in bello conflation, falls short of justifying the lawfulness and effectiveness of combat drones. Combat drones can successfully discharge its obligation under the four-pronged jus in bello test – distinction, proportionality, necessity, and humanity. Furthermore, this state-of-the-art technology helps to achieve five important policy objectives of fighting asymmetric warfare, combating insurgents who disregard the existing law, deterring further acts of terrorism, dodging improvised explosive devices, and avoiding more costly military actions.


Combatant Immunity In Non-International Armed Conflict, Past And Future, Rymn J. Parsons Mar 2013

Combatant Immunity In Non-International Armed Conflict, Past And Future, Rymn J. Parsons

Rymn J Parsons, Esq.

No abstract provided.


The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul Mar 2013

The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul

Scott T Paul

In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental …


Kill-Lists And Accountability, Gregory S. Mcneal Mar 2013

Kill-Lists And Accountability, Gregory S. Mcneal

Gregory S. McNeal

This article is a comprehensive examination of the U.S. practice of targeted killings. It is based in part on field research, interviews, and previously unexamined government documents. The article fills a gap in the literature, which to date lacks sustained scholarly analysis of the accountability mechanisms associated with the targeted killing process. The article makes two major contributions: 1) it provides the first qualitative empirical accounting of the targeted killing process, beginning with the creation of kill-lists extending through the execution of targeted strikes; 2) it provides a robust analytical framework for assessing the accountability mechanisms associated with those processes. …


Targeting Killings Outside The Traditional Battlefield: The Legality Of Targeted Attacks On Transnational Armed Terrorists., Marti Sleister Feb 2013

Targeting Killings Outside The Traditional Battlefield: The Legality Of Targeted Attacks On Transnational Armed Terrorists., Marti Sleister

Marti Sleister

This paper asks whether traditional laws can evolve to protect citizens in the face of targeted killings on transnational-armed groups. The resolution analyzes how the current war methods fail to fit into the old mold of war; suggests what modifications could be made; and briefly discusses the fate of the laws of war should changes not occur. First, this paper will discuss the legal treaties defining and controlling the current laws of war, specifically, the Geneva Conventions and their Additional Protocols. Second, this paper will analyze how International Human Rights Law (IHRL) applies, particularly in light of the limitations of …


Direct Participation In Hostilities From Cyberspace, Collin Allan Feb 2013

Direct Participation In Hostilities From Cyberspace, Collin Allan

Collin Allan

As demonstrated by the cyber attacks against Georgia in 2008 and the cyber attacks against Aramco in 2012, civilians are increasing their participation in armed conflicts through cyber attacks. In 2009, the International Committee of the Red Cross (ICRC) published a document on how to determine when a civilian’s participation in armed conflict reaches the necessary level to render him or her targetable by one of the parties to the conflict. The Tallinn Manual was published this year to provide legal guidance in cyber situations. While professionals have written in this area previously, it is the first time that experts …


The Structure Of Law-Of-War Perfidy, Sean Watts Feb 2013

The Structure Of Law-Of-War Perfidy, Sean Watts

Sean Watts

The structural role of law-of-war perfidy is widely unappreciated and misunderstood. More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as a medium of exchange between combatants – a guarantee of minimum respect and trust between belligerents even in the turmoil of war. Indeed, it may be difficult to conceive of an operative or effective war convention at all without guarantees against and protections from perfidy. Through the late nineteenth and twentieth centuries, the prohibition of perfidy matured from a broad, customary notion of chivalry and honorable …


International Law And Ungoverned Space, Matthew Hoisington Jan 2013

International Law And Ungoverned Space, Matthew Hoisington

Matthew Hoisington

Ungoverned spaces, strictly defined as “spaces not effectively governed by the state” exist all over the world, presenting particular difficulties to public international law, which is historically premised on sovereignty and state control. Examples of such spaces include cyberspace, south-central Somalia and the Federally Administered Tribal Areas along the Afghan-Pakistan border. These spaces destabilize the international system in novel ways—and they might also be dangerous. Many of the terrorism plots from the late twentieth and early twenty-first century emanated from “safe havens” afforded by ungoverned spaces. The lack of governance over certain spaces also raises concerns over development, including the …


Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman Jan 2013

Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman

Stephen P. Hoffman

This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures …