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International Humanitarian Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Law of Armed Conflict (23)
- Use of Force (22)
- Operational Law (20)
- Cyber Law (18)
- Law of Neutrality (18)
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- Weapons Law (14)
- Human Rights Law (9)
- Jus Ad Bellum (9)
- LOAC (8)
- Al Qaeda (7)
- Jus In Bello (7)
- Nicaragua (6)
- Self-Defense (6)
- ICRC (5)
- Libya (5)
- Cyber (4)
- Cyber Attack (4)
- Cyber War (4)
- Cyberspace (4)
- Geneva Conventions (4)
- ICJ (4)
- ICTY (4)
- International Law (4)
- NIAC (4)
- Proportionality (4)
- Russia (4)
- Stuxnet (4)
- Syria (4)
- Tadic (4)
- Armed Attack (3)
Articles 1 - 30 of 35
Full-Text Articles in International Humanitarian Law
Methods And Means Of Cyber Warfare, William H. Boothby
Methods And Means Of Cyber Warfare, William H. Boothby
International Law Studies
No abstract provided.
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
International Law Studies
No abstract provided.
Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein
Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein
International Law Studies
No abstract provided.
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.
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies
Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies
International Law Studies
No abstract provided.
Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine
Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine
International Law Studies
No abstract provided.
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law And Cyber Threats From Non-State Actors, Laurie R. Blank
International Law Studies
No abstract provided.
Lawful Targets In Cyber Operations: Does The Principle Of Distinction Apply?, Noam Lubell
Lawful Targets In Cyber Operations: Does The Principle Of Distinction Apply?, Noam Lubell
International Law Studies
No abstract provided.
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
Global Armed Conflict? The Threshold Of Extraterritorial Non-International Armed Conflict, Sasha Radin
International Law Studies
No abstract provided.
Territorial Sovereignty And Neutrality In Cyberspace, Wolff Heintschel Von Heinegg
Territorial Sovereignty And Neutrality In Cyberspace, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt
Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt
International Law Studies
No abstract provided.
Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss
Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss
International Law Studies
No abstract provided.
Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney
Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney
International Law Studies
No abstract provided.
Classification Of Cyber Conflict, Michael N. Schmitt
Classification Of Cyber Conflict, Michael N. Schmitt
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.
Seeking International Criminal Justice In Syria, Annika Jones
Seeking International Criminal Justice In Syria, Annika Jones
International Law Studies
No abstract provided.
Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss
Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss
International Law Studies
No abstract provided.
The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin
The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin
International Law Studies
No abstract provided.
The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon
The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon
International Law Studies
No abstract provided.
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
International Law Studies
No abstract provided.
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
International Law Studies
No abstract provided.
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
International Law Studies
No abstract provided.
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
International Law Studies
No abstract provided.
Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón
Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón
San Diego Law Review
In this Article I argue that some norms are part of international law even if they have never been created by treaty or custom. Because such norms have never been posited, they are natural law norms, and my thesis is that these natural law norms are as much part of international law as the posited norms. By this I mean that these norms should figure in any catalog of what international law prescribes or permits.
The Adequacy Of International Legal Obligations For Environmental Protection During Armed Conflict, Arie Afriansyah
The Adequacy Of International Legal Obligations For Environmental Protection During Armed Conflict, Arie Afriansyah
Indonesia Law Review
Since it first developed, the law of war has focused on protecting human beings. It prioritises human protection by controlling the conduct of belligerents in order to minimise human injuries and casualties. However, the consequences of war are seldom limited to human casualties. War also causes major destruction to the environment. This article shows that despite prioritising human protection, international law provides a significant number of rules to protect the environment during armed conflicts. Contrary to claims that existing rules are insufficient, the law of war adequately safeguards the environment during armed conflicts by prohibiting certain military activities that may …
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 …
All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong
All Other Breaches: State Practice And The Geneva Conventions’ Nebulous Class Of Less Discussed Prohibitions, Jesse Medlong
Michigan Journal of International Law
With respect to the protections afforded by the Geneva Conventions, a great deal of ink has been spilled in recent years over the two-tiered system of tribunals employed by the United States in its prosecution of enemy combatants in the “war on terror.” Less discussed, though, is the wholly separate two-tiered system for sorting violators of the Geneva Conventions that emerges from the very text of those agreements. This stratification is a function of the Conventions’ distinction between those who commit “grave breaches” and those who merely commit “acts contrary to the provisions of the present convention” or “all other …
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
University of Baltimore Journal of International Law
The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …
Comments: At The Intersection Of National Interests And International Law: Why American Interests Should Assume The Right Of Way, Clark Smith
University of Baltimore Journal of International Law
Following the interwar period and disastrous results of an isolationist foreign policy, the United States changed course coming out of the Second World War. Assuming the global leadership role, the U.S. led the international effort to design and build the international institutions and organizations that would ensure and manage the global recovery from the war that ravaged the world’s economy, deter future wars by providing checks on and a balance of power, and that would ensure, to some degree, international systems based on rule of law. Pursuit of U.S. interests should, when possible, be carried out within that international legal …
Hate Speech And Persecution: A Contextual Approach, Gregory S. Gordon
Hate Speech And Persecution: A Contextual Approach, Gregory S. Gordon
Vanderbilt Journal of Transnational Law
Scholarly work on atrocity-speech law has focused almost exclusively on incitement to genocide. But case law has established liability for a different speech offense: persecution as a crime against humanity (CAH). The lack of scholarship regarding this crime is puzzling given a split between the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia on the issue of whether hate speech alone can serve as an actus reus for CAH-persecution. This Article fills the gap in the literature by analyzing the split between the two tribunals and concluding that hate speech alone may be the …