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Articles 1 - 20 of 20
Full-Text Articles in Law
Targeting Co-Belligerents, Jens David Ohlin
Targeting Co-Belligerents, Jens David Ohlin
Cornell Law Faculty Working Papers
One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf
Seizing The Grotian Moment: Accelerated Formation Of Customary International Law In Times Of Fundamental Change, Michael P. Scharf
Cornell International Law Journal
Growing out of the author's experience as Special Assistant to the International Prosecutor of the Cambodia Genocide Tribunal in 2008, this article examines the concept of "Grotian Moment," a term the author uses to denote a paradigm-shifting development in which new rules and doctrines of customary international law emerge with unusual rapidity and acceptance. The article argues that the paradigm-shifting nature of the Nuremberg precedent, and the universal and unqualified endorsement of the Nuremberg Principles by the U.N. General Assembly in 1946, resulted in accelerated formation of customary international law, including the mode of international criminal responsibility now known as …
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi
Cornell Law School Inter-University Graduate Student Conference Papers
The terrorist attack on the World Trade Center in New York on 9/11 set in motion a new era all over the world: an era of a world uniting against a common enemy, but also an era of insecurity and fear. Laws have been changed worldwide, nations have united against a common threat, legal theories and beliefs of centuries have been questioned, and civil liberties have been replaced by a need for national safety. Has this worldwide effort worked? Is our world a better place now that we are all fighting the same enemy? Did we learn from our past …
Combating Terrorism: Does Self-Defense Include The Security Barrier - The Answer Depends On Who You Ask, Emanuel Gross
Combating Terrorism: Does Self-Defense Include The Security Barrier - The Answer Depends On Who You Ask, Emanuel Gross
Cornell International Law Journal
Explores the opposing opinions of the Israeli Supreme Court & the International Court of Justice (ICJ) on the legality of the security fence constructed by Israel to prevent terrorist infiltration from the Palestinian territories. It is argued that the different conclusions of the two tribunals resulted from inadequate implementation of the legal norms by the ICJ. Difficulties arising from terminological differences between the Supreme Court's judgment & the ICJ opinion are pointed out, along with basic errors related to the ICJs conclusion that the fence was not a matter of self-defense but an issue related to the realization of political …
U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay
U.S. Unilateralism And International Crimes: The International Criminal Court And Terrorism, Fiona Mckay
Cornell International Law Journal
No abstract provided.
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Cornell International Law Journal
No abstract provided.
Desperately Seeking Definition: The International Community’S Quest For Identifying The Specter Of Terrorism, Sami Zeidan
Desperately Seeking Definition: The International Community’S Quest For Identifying The Specter Of Terrorism, Sami Zeidan
Cornell International Law Journal
No abstract provided.
Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. K. B. Darmer
Beyond Bin Laden And Lindh: Confessions Law In An Age Of Terrorism, M. K. B. Darmer
Cornell Journal of Law and Public Policy
No abstract provided.
International Law And The Use Of Force: America’S Response To September 11, Muna Ndulo
International Law And The Use Of Force: America’S Response To September 11, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
Narco-Terrorism: The New Discovery Of An Old Connection, Donnie Marshall
Narco-Terrorism: The New Discovery Of An Old Connection, Donnie Marshall
Cornell International Law Journal
No abstract provided.
World Trade After September 11, 2001: The U.S. Response, Leslie Alan Glick
World Trade After September 11, 2001: The U.S. Response, Leslie Alan Glick
Cornell International Law Journal
No abstract provided.
9/11 And The Raiders Of The Lost Ark, Gwyn Prins
9/11 And The Raiders Of The Lost Ark, Gwyn Prins
Cornell International Law Journal
No abstract provided.
Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler
Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler
Cornell Law Faculty Publications
This article examines the dramatic character of King James I’s reaction to the 1605 Gunpowder Plot - the first act of terrorism in the West - and his attempts both to inscribe the unprecedented crime within the conventional structure of revenge tragedy and to interpret the event according to a model of tragicomedy indebted to John of Patmos' apocalyptic Revelation. On account of applying these cultural and religious paradigms, the King suggested that Parliament be entrusted with judging the conspirators, thus imaginatively displacing his sovereignty onto it.
Conflicting Views Of Terrorism, Shibley Telhami
Conflicting Views Of Terrorism, Shibley Telhami
Cornell International Law Journal
No abstract provided.
Use Of Armed Force Against Terrorists In Afghanistan, Iraq, And Beyond, Jordan J. Paust
Use Of Armed Force Against Terrorists In Afghanistan, Iraq, And Beyond, Jordan J. Paust
Cornell International Law Journal
No abstract provided.
Before And After: The Changed Un Response To Terrorism Since September 11th, Nicholas Rostow
Before And After: The Changed Un Response To Terrorism Since September 11th, Nicholas Rostow
Cornell International Law Journal
No abstract provided.
The Omnibus Diplomatic Security And Antiterrorism Act Of 1986: Faulty Drafting May Defeat Efforts To Bring Terrorists To Justice, Jon C. Cowen
Cornell International Law Journal
No abstract provided.
Extraterritorial Jurisdiction Over Acts Of Terrorism Committed Abroad Omnibus Diplomatic Security And Antiterrorism Act Of 1986, Patrick L. Donnelly
Extraterritorial Jurisdiction Over Acts Of Terrorism Committed Abroad Omnibus Diplomatic Security And Antiterrorism Act Of 1986, Patrick L. Donnelly
Cornell Law Review
No abstract provided.
Attorney General’S Guidelines For Fbi Investigations, John T. Elliff
Attorney General’S Guidelines For Fbi Investigations, John T. Elliff
Cornell Law Review
No abstract provided.