Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Law of Armed Conflict (9)
- Human Rights Law (8)
- Operational Law (8)
- International law (5)
- Human rights (4)
-
- International humanitarian law (4)
- Use of Force (4)
- Geneva Conventions (3)
- International Agreements (3)
- Lethal force (3)
- Terrorism (3)
- Use of force (3)
- War crimes (3)
- Weapons Law (3)
- Additional Protocol I (2)
- Armed drones (2)
- Detention (2)
- Genocide (2)
- Guantanamo (2)
- Guantanamo Bay (2)
- Habeas corpus (2)
- Humanitarian law (2)
- International Humanitarian Law (2)
- LOAC (2)
- Non-international armed conflict (2)
- Proportionality (2)
- Refugees (2)
- Syria (2)
- Targeting (2)
- United Nations (2)
- Publication
-
- International Law Studies (9)
- Human Rights Institute (4)
- Articles (1)
- Articles by Maurer Faculty (1)
- CMC Senior Theses (1)
-
- Dignity: A Journal of Analysis of Exploitation and Violence (1)
- Erwin Chemerinsky (1)
- Faculty Journal Articles and Book Chapters (1)
- Law Faculty Articles and Essays (1)
- Maine Law Review (1)
- Penn State Journal of Law & International Affairs (1)
- Perspectives@SMU (1)
- St. Mary's Law Journal (1)
- The Modern American (1)
- Publication Type
Articles 1 - 25 of 25
Full-Text Articles in Military, War, and Peace
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty
Maine Law Review
President Obama has made clear that the United States must grapple with questions of how to detain and try potentially dangerous terrorism suspects in a manner that maximizes national security while adhering to the rule of law. Yet the United States faces a serious quandary in terms of how to prosecute suspects who have been detained at Guantanamo Bay, Cuba, that puts at risk the reputation of the United States justice system and its adherence to rule of law. The question of what trial system to use for suspected terrorists requires an historical interrogation of how and to what effect …
Joint Civil Society Statement On Armed Drones, Sophia Wistenhube
Joint Civil Society Statement On Armed Drones, Sophia Wistenhube
Human Rights Institute
I am presenting a statement that has been endorsed by 46 civil society organisations, from 17 countries. We are committed to preventing and mitigating harm, including violations of international human rights and humanitarian law, from the use of drones in domestic and international deployments of force.
Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford
Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford
International Law Studies
This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human …
The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century
The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century
International Law Studies
The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics …
Seeking Justice, Moving On, Singapore Management University
Seeking Justice, Moving On, Singapore Management University
Perspectives@SMU
Transitional justice measures should be used carefully to heal conflict wounds
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
International Law Studies
The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Out Of The Shadows: Recommendations To Advance Transparency In The Use Of Lethal Force, Human Rights Clinic, Sana'a Center For Strategic Studies
Out Of The Shadows: Recommendations To Advance Transparency In The Use Of Lethal Force, Human Rights Clinic, Sana'a Center For Strategic Studies
Human Rights Institute
The U.S. government’s secretive and expanding use of “targeted killings” and drone strikes since the terrorist attacks on September 11, 2001 is highly controversial. For many years, such killings were carried out as part of counter-terrorism operations and in near-complete secrecy by the Cen- tral Intelligence Agency (CIA) and the U.S. military’s Joint Special Operations Command (JSOC), including in Pakistan, Somalia, and Yemen, far from any traditional and recognized battlefield. The government did not meaningfully explain their legal basis. The U.S. government has admitted that it killed between 2,867–3,138 people between 2009–2016, in an estimated 526 strikes in areas the …
Possible Changes To U.S. Policies On The Use Of Force In Counterterrorism Operations, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Human Rights Clinic, Coalition For Peace Action, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Openthegovernment
Possible Changes To U.S. Policies On The Use Of Force In Counterterrorism Operations, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Human Rights Clinic, Coalition For Peace Action, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Openthegovernment
Human Rights Institute
We write today to express our deep concern regarding reports that the administration is considering weakening current policy standards for the use of force in counterterrorism operations.
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell
International Law Studies
Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the …
Space Weapons And The Law, Bill Boothby
Space Weapons And The Law, Bill Boothby
International Law Studies
Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat
Penn State Journal of Law & International Affairs
No abstract provided.
The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner
The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner
International Law Studies
Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
International Law Studies
This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …
The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank
The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank
International Law Studies
This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify …
Detention By Armed Groups Under International Law, Andrew Clapham
Detention By Armed Groups Under International Law, Andrew Clapham
International Law Studies
Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.
Blog: Justice Requires Enforcement, Especially For The Gravest Acts Of Torture Conducted By The United States In The Aftermath Of 9/11, Saadia Khan
The Modern American
No abstract provided.
The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio
The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio
Law Faculty Articles and Essays
This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karadžić case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition …
Ngo Statement On Reported Changes To U.S. Policy On Use Of Armed Drones And Other Lethal Force, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Coalition For Peace Action, Friends Committee On National Legislation, Human Rights Clinic, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Reprieve
Ngo Statement On Reported Changes To U.S. Policy On Use Of Armed Drones And Other Lethal Force, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Coalition For Peace Action, Friends Committee On National Legislation, Human Rights Clinic, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Reprieve
Human Rights Institute
The Trump administration’s failure thus far to release and explain the changes it has made to a previously public policy is a dangerous step backwards. Transparency around the use of lethal 2 force is critical to allowing independent scrutiny of the lawfulness of operations and to providing accountability and redress for victims of violations of international law. Transparency also helps governments identify and address civilian harm. It enables the public to be informed about some of the most important policy choices the government makes in its name – ones that involve life and death decisions. While transparency can enhance the …
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron
CMC Senior Theses
The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …
What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho
St. Mary's Law Journal
Abstract forthcoming.
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
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 …
A Matter Of Policy: United States Application Of The Law Of Armed Conflict, Chris Jenks
A Matter Of Policy: United States Application Of The Law Of Armed Conflict, Chris Jenks
Faculty Journal Articles and Book Chapters
To what extent does the law of armed conflict (LOAC) apply to the United States military fighting in armed conflicts? Though the question seems straightforward enough, the answer is anything but. This article explains, in general, why the answer is imprecise and unsatisfying as applied to the most prevalent type of contemporary armed conflict, non-international. More specifically, this article argues that the U.S. government's primary response of claiming to apply LOAC as a matter of policy when and where that law wouldn't otherwise apply is superficially persuasive but not substantively responsive.