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Full-Text Articles in Military, War, and Peace
Humanitarian Regulation Of Hostiles: The Decisive Element Of Context, Geoffrey S. Corn
Humanitarian Regulation Of Hostiles: The Decisive Element Of Context, Geoffrey S. Corn
Vanderbilt Journal of Transnational Law
Today, isolated force-on-force battles are considered a relic of the past. Instead, armed forces must expect to conduct combined arms maneuver operations in and around civilians and civilian population centers. And this expectation is only increased when anticipating operations against enemies who see embedding their vital assets in densely populated areas as a force multiplier. This perception is based on not only the inherent tactical advantages of embedding assets among civilian population centers (such as ready access to logistics and lines of communication), but also their recognition that the complexity of conducting operations against these assets in a legally compliant …
The Detainee Treatment Act Of 2005: Embodying U.S. Values To Eliminate Detainee Abuse By Civilian Contractors And Bounty Hunters In Afghanistan And Iraq, Ryan P. Logan
Vanderbilt Journal of Transnational Law
The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the current conflicts in Afghanistan and Iraq. Civilians have been utilized in all facets of those military campaigns, including the interrogation of suspected terrorists or insurgents. Faced with intense pressure to rapidly obtain information about terrorist operations and yet having little oversight of their interrogation activities, some of these contractors and bounty hunters have been accused of abusing detainees. This Note explores the legal avenues for addressing accusations of detainee abuse by U.S. civilians in Afghanistan and Iraq and concludes …
Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper
Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper
Vanderbilt Journal of Transnational Law
Major Lepper examines an apparent irreconcilability between the NATO Status of Forces Agreement (SOFA) and the European Convention on Human Rights (ECHR) as reflected in the recent Dutch High Court decision of Short v. The Kingdom of the Netherlands. Staff Sergeant Short, a member of the United States Air Force, was charged with the murder of his wife. Under the SOFA, the Netherlands was obligated to surrender Short to the United States. It refused, basing its actions on its adherence to the ECHR and its concerns about the possible implementation of the death penalty in the United States.
The ECHR …
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
Vanderbilt Journal of Transnational Law
This Article will first review how nongovernmental organizations attempt to apply human rights law and humanitarian law during periods of armed conflict. It will next review the practice of one principal inter-governmental organization--the United Nations General Assembly--inciting humanitarian law. Third, this Article will study the reasons why the United Nations and international nongovernmental organizations should or should not refer to humanitarian law in support of their human rights work. Fourth, it will consider the preeminent position in implementing international humanitarian law of the ICRC, a private Swiss organization engaged in various international activities including specific functions provided by international humanitarian …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW
By Robert S. Rivkin
New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.
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HUMAN RIGHTS AND INTERNATIONAL ACTION
By Ernst B. Haas
Stanford, California: Stanford University Press, 1970.Pp. vii, 184.
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INDIRECT TAXATION IN DEVELOPING COUNTRIES
By John F. Due
Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.
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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM
By David M. Leive
Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.
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THE WINDS OF FREEDOM
By Dean Rusk …