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Articles 1 - 12 of 12
Full-Text Articles in International Law
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd
Indiana Law Journal
This Note explores the disjunctive moral gap between a civilian ethic of mutual responsibility and the laws of war that eschew that ethic. To illustrate that gap, this Note conducts a case study of Virginia Woolf’s rendering of shell shock in her 1925 novel Mrs. Dalloway. The war put mass, mechanized killing at center stage, and international law permitted killing in war. But Woolf’s character study of Septimus Smith reveals that whether war-associated killing is “criminal” requires more than legal analysis. An extralegal approach is especially meaningful because it demonstrates the difficulty of processing and rationalizing global conflict that plays …
Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King
Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King
Indiana Law Journal
The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the …
Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania
Regulating Water And War In Iraq: A Dangerous Dark Side Of New Governance, Tracey Leigh Dowdeswell, Patricia Hania
Indiana Journal of Global Legal Studies
In the legal scholarship, the 'new governance' mode of governance advances an administrative arrangement where decision-making is shared amongst a range of actors, both public and private. The flexible, responsive, and collaborative governance orientation is intended to counter the ill effects of a coercive, top-down, state-centric, command-and-control approach to governance. Critics contend the new governance framework can displace the interests of local communities, disempower individuals, and dislodge basic human rights. The U.S. military has adopted such an adaptive approach in its own governance structure, which in this article is referred to as: the new governance "mentality." This mentality of governance …
The Material Support Prosecution And Foreign Policy, Wadie E. Said
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Indiana Law Journal
No abstract provided.
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson
Indiana Journal of Global Legal Studies
Rule of law and democratic reform projects often concern lofty questions of constitutional law. But in many countries desperate for reform, deeply entrenched social and political problems present preconditions to any discussion of constitutional reforms aimed at democracy and the rule of law. Zimbabwe is one such nation, which like many others faces the problem of military intervention into domestic politics. This Note examines structural and historical aspects of Zimbabwe's military problem and utilizes the theory of objective civilian control to demonstrate the plausibility of meaningful reforms. In so doing, this Note provides a demonstrative model for reforming civilmilitary relations …
"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell
"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell
Indiana Law Journal
This Essay addresses the theoretical debate on torture in an empirical way. It urges that as part of our evaluation of the merits of torture, we take a shrewd look at the quality of information brutal interrogations produce. The Essay identifies widespread belief in what the author identifies as the "torture myth "-the idea that torture is the most effective interrogation practice. In reality, in addition to its oft-acknowledged moral and legal problems, the use of torture carries with it a host of practical problems which seriously blunt its effectiveness. This Essay demonstrates that contrary to the myth, torture and …
Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf
Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Indiana Journal of Global Legal Studies
No abstract provided.
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
Indiana Journal of Global Legal Studies
No abstract provided.
Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro
Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro
Indiana Law Journal
No abstract provided.
The Charter Of The United Nations: An Instrument To Re-Establish International Peace And Security?, H. Karsten Schmidt
The Charter Of The United Nations: An Instrument To Re-Establish International Peace And Security?, H. Karsten Schmidt
Indiana Law Journal
No abstract provided.
Revision Of The Italian Peace Treaty, Norman Kogan
Revision Of The Italian Peace Treaty, Norman Kogan
Indiana Law Journal
No abstract provided.