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Full-Text Articles in Law
One Treaty To Apply Them All? Defining Maritime Terrorism By Cross-References And Reservations: The Asean Region Example, Arron N. Honniball
One Treaty To Apply Them All? Defining Maritime Terrorism By Cross-References And Reservations: The Asean Region Example, Arron N. Honniball
International Law Studies
Defining terms will shape a State’s treaty obligations, the domestic legislation necessary, the availability of cooperative mechanisms, and norm diffusion. Maritime terrorism is an umbrella term referring to the piecemeal approach of treaties creating offenses for identified acts at sea. Further treaties cross-reference the offenses in a selection of global instruments to create related offenses. This includes financing of terrorism (Convention for the Suppression of the Financing of Terrorism (ICSFT)) and regional maritime terrorism (ASEAN Convention on Counter Terrorism (ACCT)). All cross-referenced instruments shall apply to define ICFST or ACCT offenses unless a State excludes, by reservation, a cross-referenced instrument …
Islamist Terrorism And The Classical Islamic Law Of War, Joseph Hoelz
Islamist Terrorism And The Classical Islamic Law Of War, Joseph Hoelz
International Law Studies
Islamist terrorists have had a large influence on U.S. foreign and domestic policy for more than twenty years, and yet policy makers, legal practitioners, and the public know very little about what motivates these violent extremist organizations. A primary unifying principle among the various Islamist terrorist groups is their desire to return to a religiously ordered State, justified and based upon their interpretation of the Shari’a, or Islamic law. This article explores the Islamist terrorist interpretation of Shari’a law and how it generally contradicts that of mainstream Islamic scholars. The article begins with a review of the primary and secondary …
Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra
Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra
International Law Studies
In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …
Beyond Human Shielding: Civilian Risk Exploitation And Indirect Civilian Targeting, Geoffrey S. Corn
Beyond Human Shielding: Civilian Risk Exploitation And Indirect Civilian Targeting, Geoffrey S. Corn
International Law Studies
Few violations of the law of armed conflict (LOAC) are as pernicious as using civilians to shield military objectives from attack. This unlawful tactic unfortunately seems to be an all too common practice of organized armed groups, especially in conflicts against tactically superior conventional state armed forces. The very term "human shielding" presupposes, however, the ultimate objective is to prevent an opponent from attacking the shielded military objective or, in the alternative, substantially complicate that attack decision. But is a shielding effect always the ultimate objective of such civilian exploitation? This article argues that the answer is no; that there …
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein
International Law Studies
Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal …
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
International Law Studies
The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
International Law Studies
This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …
The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank
The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank
International Law Studies
This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify …
Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg
Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg
International Law Studies
This article discusses domestic measures taken by the Netherlands to combat the phenomenon of foreign terrorist fighters, predominantly in the context of the Syrian conflict. It discusses criminal prosecution, asset freezes, deprivation of nationality and revocation of travel documents. The author concludes that in each of these fields, there is a close relationship between international law and national law.
The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks
The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks
International Law Studies
No abstract provided.
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy
International Law Studies
No abstract provided.
Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein
Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein
International Law Studies
No abstract provided.
Afghanistan And The Nature Of Conflict, Charles Garraway
Afghanistan And The Nature Of Conflict, Charles Garraway
International Law Studies
No abstract provided.
Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry
Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry
International Law Studies
No abstract provided.
The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller
The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller
International Law Studies
No abstract provided.
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
Full Volume 81: International Law Challenges: Homeland Security And Combating Terrorism
International Law Studies
No abstract provided.
Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg
Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
The Laws Of War In The War On Terror, Adam Roberts
The Laws Of War In The War On Terror, Adam Roberts
International Law Studies
No abstract provided.
Computer Network Attacks By Terrorists: Some Legal Dimensions, John F. Murphy
Computer Network Attacks By Terrorists: Some Legal Dimensions, John F. Murphy
International Law Studies
No abstract provided.
Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap
Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap
International Law Studies
No abstract provided.
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
International Law Studies
No abstract provided.