Law Commons^™

How The War Against Isis Changed International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

Full-text is available at:

https://scholarlycommons.law.case.edu/faculty_publications/1638/

In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and …

Accelerated Formation Of Customary International Law, Michael P. Scharf

Faculty Publications

This article examines the phenomenon of accelerated formation of customary international law. It argues that in periods of fundamental change (which the author characterizes as "Grotian Moments"), whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The article examines several case studies that explore the application and contours of the concept of "Grotian Moments."

Preventing The Financing Of Terrorism, Richard Barrett

Case Western Reserve Journal of International Law

No abstract provided.

After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.

Aggression, Humanitarian Intervention, And Terrorism, Larry May

Case Western Reserve Journal of International Law

No abstract provided.

Sacred Violence: Religion And Terrorism, Jessie Hill, Adam F. Kimney

Case Western Reserve Journal of International Law

No abstract provided.

Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin

Faculty Publications

This article will address the problematic intersection of terrorism and child custody battles. The most immediate consequences of a terrorist attack are loved ones lost and buildings reduced to rubble. These losses are devastating, shocking and scary. But to end an analysis of terrorist victories with a body count is a fatal mistake. Americans fervently shout we cannot let "them" win, but how do we decide if they are winning? What do the terrorists want? It is not the goal of terrorists to simply kill Americans, causing death and destruction. That is merely a horrific means to their end. Terrorists …

On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin

Case Western Reserve Journal of International Law

No abstract provided.

Torture In Dreamland: Disposing Of The Ticking Bomb, Henry Shue

Case Western Reserve Journal of International Law

No abstract provided.

Combating Terrorism: Zero Tolerance For Torture, Richard Goldstone

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: Terrorism On Trial, Michael P. Scharf, Amy E. Miller

Faculty Publications

While the Lockerbie approach is currently out of vogue, are there nonetheless lessons from Lockerbie that policy makers can draw on in determining how to best use law as a weapon against terrorism in the future? To explore this important and timely question, the Frederick K. Cox International Law Center assembled a group of high level United Nations officers, former U.S. government officials, noted prosecutors and defense counsel, and prominent journalists and scholars for a day-long symposium at Case Western Reserve University School of Law on October 8, 2004, entitled "Terrorism on Trial." The conference, which was cosponsored by the …

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?

The Original Sin: "Terrorism" Or "Crime Against Humanity"?, Chibli Mallet

Case Western Reserve Journal of International Law

No abstract provided.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.