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Articles 1 - 17 of 17
Full-Text Articles in Law
The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal
The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal
Jennifer Daskal
The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the battlefield and the related limits on the state’s authority to use lethal force and to detain without charge. To date, the legal and policy discussions on this issue have resulted in a heated and intractable debate. On the one hand, the United States and its supporters argue that the conflict — and broad detention and targeting authorities — extend to wherever the alleged enemy is found, subject to a series of malleable policy constraints. On the other hand, European allies, …
Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik
Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik
Electronic Thesis and Dissertation Repository
As concerns about the environment increase and civilians continue to become casualties of armed conflict, we must reflect on traditional approaches and applications of International Humanitarian law [IHL]. While the current state of IHL provides protections for civilians and the environment, examples in practice of excessive harms to both suggest a gap exists in these protections. Current academic literature in the field tends to focus on either the protection of civilians or the protection of the environment, on either IHL or International Environmental law [IEL]. This is problematic as the two are inextricably linked: civilians and environment often, if not …
Law-Of-War Perfidy, Sean Watts
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 …
Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish
Protecting Women Under The International Humanitarian Law: A Study Of The Social, Cultural, And Political Conditions In Iraq And Palestine That Have An Adverse Affect On Women, Nour Mawloud Najeeb Fnish
Theses and Dissertations
This doctoral dissertation examines and studies the protection of women rights under International Humanitarian Law, (also “IHL”) within the context of the social, cultural and political and political conditions with particular reference to the women of Iraq and Palestine. Women in these two countries have suffered unparalleled difficulties that have been afflicted upon them by conditions of war. For a long period in the history of those countries, women as indispensable managers of their families have had to contend with varying challenges necessitating protection under international humanitarian law. This is even more required during periods of war and armed conflicts. …
Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman
Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman
Robert K. Goldman
Chapter 6 of Research Handbook on Human Rights and Humanitarian Law
In the wake of the September 11, 2001 attacks in the United States, the US, with the assistance of its coalition partners – all parties to various human rights instruments – initiated the so-called ‘war on terror’ by invading Afghanistan, where their armed forces killed or captured hundreds of ‘terrorist suspects’. Some of those detained were taken to the US military facility at Guantanamo Bay, Cuba, while others have languished in US custody in Afghanistan. These actions raise the question whether a State is bound by its human rights …
Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman
Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman
Robert K. Goldman
The Commission on Human Rights, in resolution 2004/87, decided to designate, from within existing resources, for a period of one year, an independent expert to assist the High Commissioner for Human Rights in the fulfillment of the mandate described in the resolution and, “taking fully into account the study requested in General Assembly resolution 58/187, as well as the discussions in the Assembly and the views of States thereon, to submit a report, through the High Commissioner, to the Commission at its sixty-first session on ways and means of strengthening the promotion and protection of human rights and fundamental freedoms …
Dedication To Waldemar A. Solf, Robert Kogod Goldman, Claudio Grossman, Raymond I. Geraldson, George H. Aldrich, Sally V. Mallison, W. Thomas Mallison
Dedication To Waldemar A. Solf, Robert Kogod Goldman, Claudio Grossman, Raymond I. Geraldson, George H. Aldrich, Sally V. Mallison, W. Thomas Mallison
Robert K. Goldman
No abstract provided.
The Contribution Of The Ad Hoc Tribunals To International Humanitarian Law, Payam Akhavan, Robert K. Goldman, Theodor Meron, W. Hays Parks, Patricia Viseur-Sellers
The Contribution Of The Ad Hoc Tribunals To International Humanitarian Law, Payam Akhavan, Robert K. Goldman, Theodor Meron, W. Hays Parks, Patricia Viseur-Sellers
Robert K. Goldman
No abstract provided.
International Humanitarian Law: Americas Watch's Experience In Monitoring Internal Armed Conflicts, Robert Kogod Goldman
International Humanitarian Law: Americas Watch's Experience In Monitoring Internal Armed Conflicts, Robert Kogod Goldman
Robert K. Goldman
No abstract provided.
International Humanitarian Law And The Armed Conflicts In El Salvador And Nicaragua, Robert Kogod Goldman
International Humanitarian Law And The Armed Conflicts In El Salvador And Nicaragua, Robert Kogod Goldman
Robert K. Goldman
No abstract provided.
Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman
Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman
Contributions to Books
Chapter 6 of Research Handbook on Human Rights and Humanitarian Law
In the wake of the September 11, 2001 attacks in the United States, the US, with the assistance of its coalition partners – all parties to various human rights instruments – initiated the so-called ‘war on terror’ by invading Afghanistan, where their armed forces killed or captured hundreds of ‘terrorist suspects’. Some of those detained were taken to the US military facility at Guantanamo Bay, Cuba, while others have languished in US custody in Afghanistan. These actions raise the question whether a State is bound by its human rights …
The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul
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 …
The Structure Of Law-Of-War Perfidy, Sean Watts
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 …
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
San Diego International Law Journal
This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …
A Legal 'Red Line'? Syria And The Use Of Chemical Weapons In Civil Conflict, Jillian Blake
A Legal 'Red Line'? Syria And The Use Of Chemical Weapons In Civil Conflict, Jillian Blake
Jillian Blake
This Essay analyzes the prohibition on the use of chemical weapons in civil conflicts and applies its findings to the Syrian civil war. We find that international humanitarian law and international criminal law provide a clear ban on the use of chemical weapons in international armed conflict. This prohibition is less clear in noninternational armed conflict, suggesting the need for legal reforms to firmly ban the use of chemical weapons in all armed conflicts. Furthermore, we find the use of chemical weapons in Syria does not, by itself, cross a legal red line justifying military intervention. Instead, the use of …
Analogy At War: Proportionality, Equality And The Law Of Targeting, Gregor Noll
Analogy At War: Proportionality, Equality And The Law Of Targeting, Gregor Noll
Gregor Noll
This text is an inquiry into how the international community is understood in and through international law. My prism for this inquiry shall be the principle of proportionality in international humanitarian law, relating expected civilian losses to anticipated military advantage. To properly understand proportionality, I have to revert to the structure of analogical thinking in the thomistic tradition. Proportionality presupposes a third element to which civilian losses and military advantage can be related. In a first reading, I develop how this tradition of thought might explain the difficulties contemporary IHL doctrine has in understanding proportionality. If military commanders misconceive the …
Owning Justice And Reckoning With Its Complexity, Diane Orentlicher
Owning Justice And Reckoning With Its Complexity, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
A series of developments, both doctrinal and political, seem to signify a retreat from earlier innovations in the law and practice of international justice. On closer examination, however, recent developments in international justice cannot be reduced to a single trend line. Even as various actors and processes continue to work out the ground rules for exercising jurisdiction in respect of human rights violations that international law condemns as criminal, and as international and national courts work through the inherently challenging project of redressing mass atrocities, states have increasingly internalized, owned and acted on the principle that they should ensure accountability …