International Law Commons^™

The Liberty To Spy, Asaf Lubin

Articles by Maurer Faculty

Many, if not most, international legal scholars share the ominous contention that espionage, as a legal field, is devoid of meaning. For them, any attempt to extrapolate the lex lata corpus of the International Law of Intelligence (ILI), let alone its lex scripta, would inevitably prove to be a failed attempt, as there is simply nothing to extrapolate. The notion that international law is moot as to the question of if, when, and how intelligence is to be collected, analyzed, and promulgated, has been repeated so many times that it has become the prevailing orthodoxy.

This paper offers a new …

The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters

Articles by Maurer Faculty

In 1567, a bridge was built over a river in Bosnia-a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime-and which one? An assault on culture-and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did-the assumptions and categories the prosecutors and judges deployed, the choices they made-tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …

Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters

Articles by Maurer Faculty

War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …

Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin

Articles by Maurer Faculty

The literature surrounding the international legality of peacetime espionage has so far centered around one single question: whether there exist within treaty or customary international law prohibitive rules against the collection of foreign intelligence in times of peace. Lacking such rules, argue the permissivists, espionage functions within a lotus vacuum, one in which States may spy on each other and on each other's nationals with no restrictions, justifying their behavior through the argumentum ad hominem of "tu quoque." . . .

Introductory Note To United Nations Security Council Resolution 2298, David P. Fidler

Articles by Maurer Faculty

On July 22, 2016, the UN Security Council unanimously adopted Resolution 2298 supporting efforts by the Organisation for the Prohibition of Chemical Weapons (OPCW) to remove chemical weapons from Libya and facilitate their destruction in another country. This resolution was critical to the international effort to prevent chemical weapons in Libya from being at risk of acquisition by members of the so-called Islamic State operating in Libya.

Clearing The Path: The Perils Of Positing Civil Society In Conflict And Transition, Timothy W. Waters

Articles by Maurer Faculty

Can there be a general theoretical perspective on civil society's involvement in transitional justice? This article considers this question in its application to the Israeli-Palestinian conflict. Within the study of transitional justice and conflict resolution, civil society - a notoriously plastic concept - can be understood narrowly as rights-oriented groups working “for” peace, but the term is equally available to describe a broader array of communities that can either promote or prevent peace and justice.

It is, in fact, quite difficult to sustain a theoretical distinction between them, because transitional justice does not escape the dictates of politics - of …

Taking The Measure Of Nations: Testing The Global Norm Of Territorial Integrity, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Technology And The Law On The Use Of Force: New Security Challenges In The Twenty-First Century, By Jackson Maogoto, Asaf Lubin

Articles by Maurer Faculty

Review of:

Technology and the Law on the Use of Force: New Security Challenges in the Twenty-First Century. By Jackson Maogoto. Oxford, UK: Routledge, 2015. Pp xviii, 111. Price: $117.71 (Hardcover).

The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay

Articles by Maurer Faculty

No abstract provided.

The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

The Fight Against Global Terrorism: Self-Defense Or Collective Security As International Police Action? Some Comments On The International Legal Implications Of The "War Against Terrorism", Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Enforcing The Prohibition On The Use Of Force: The U.N.'S Response To Iraq's Invasion Of Kuwait, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

The Christian Peace Ethic And The Doctrine Of Just War From The Point Of View Of International Law, Jost Delbruck, Klaus Dicke

Articles by Maurer Faculty

No abstract provided.

International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Legal Process In Foreign Affairs: Military Intervention -- A Testing Case, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

The War Crimes Trial: A Second Look, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Surprise Attack: Crime At Pearl Harbor And Now, James J. Robinson

Articles by Maurer Faculty

In this issue, one of the United States Counsel at the Tokyo War Crimes Trial examines the legal and historical background of that trial which took place in Japan following World War II. Judge Robinson centers his discussion around the little-known provisions of the Convention Relative to the Opening of Hostilities, which was signed at The Hague in 1907. One of the primary purposes of that convention was to outlaw surprise attack such as that committed by the Japanese at Pearl Harbor. The first part of Judge Robinson's article appears in this issue; the second and concluding portion will be …

Surprise Attack: Crime At Pearl Harbor And Now (Part Ii), James J. Robinson

Articles by Maurer Faculty

This is the concluding portion of Judge Robinson's discussion of the Convention Relative to the Opening of Hostilities, signed at The Hague in 1907 (the "Third Hague Convention"), and its impact upon the 1948 Tokyo war crimes trial. Judge Robinson was United States counsel and naval legal officer in charge of the Pearl Harbor phase and other parts of the Tokyo trial. The first portion of his article appeared in the September issue of the Journal, beginning at page 973.

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Book Review. The Outlawry Of War By C. C. Morrison, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Outlawry Of War, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

The Road To World Peace: A Plan By Which The United States May Cooperate With Other Nations To Achieve And Preserve The Peace Of The World, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Convention For The Peaceful Adjustment Of International Differences, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

An International Prize Court, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Viii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. V, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.