Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (17)
- National Security Law (15)
- Human Rights Law (10)
- Constitutional Law (9)
- President/Executive Department (5)
-
- Courts (3)
- Criminal Law (3)
- First Amendment (3)
- Jurisprudence (3)
- Rule of Law (3)
- Civil Rights and Discrimination (2)
- Conflict of Laws (2)
- International Humanitarian Law (2)
- International Trade Law (2)
- Law Enforcement and Corrections (2)
- Law and Society (2)
- Public Affairs, Public Policy and Public Administration (2)
- Social and Behavioral Sciences (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- American Film Studies (1)
- American Studies (1)
- Arts and Humanities (1)
- Civil Law (1)
- Comparative and Foreign Law (1)
- History (1)
- Judges (1)
- Jurisdiction (1)
- Institution
-
- Georgetown University Law Center (7)
- Columbia Law School (3)
- New York Law School (3)
- American University Washington College of Law (2)
- Duke Law (2)
-
- Florida A&M University College of Law (2)
- Fordham Law School (2)
- Maurer School of Law: Indiana University (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Baltimore Law (2)
- Brigham Young University Law School (1)
- Roger Williams University (1)
- Seattle University School of Law (1)
- Seton Hall University (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- Washington and Lee University School of Law (1)
- Wayne State University (1)
- Keyword
-
- Military law (3)
- Terrorism (3)
- Torture (3)
- Enemy combatants (2)
- Executive authority (2)
-
- Guantanamo Bay (2)
- International Law (2)
- International law (2)
- United Nations (2)
- United States (2)
- Use of force (2)
- War on Terror (2)
- ACLU (1)
- Abu Ghraib (1)
- Abu Ghraib Prison (1)
- Advisory opinions (International law) (1)
- Afghanistan (1)
- Africa (1)
- Air warfare (1)
- Albany Law Review (1)
- Anti-Semitism (1)
- Armed conflict (1)
- Armed force (1)
- Asymmetric warfare (1)
- Authority (1)
- Authorization for Use of Military Force (1)
- Authorization for Use of Military Force (AUMF) (1)
- Basra (1)
- California Law Review (1)
- Combatants & noncombatants (International law); Military courts; Detention of persons; Rule of law; Counterterrorism (1)
- Publication
-
- Faculty Scholarship (9)
- Georgetown Law Faculty Publications and Other Works (6)
- All Faculty Scholarship (3)
- Scholarly Articles (3)
- Articles (2)
-
- Articles & Chapters (2)
- Articles by Maurer Faculty (2)
- Faculty Articles (2)
- Journal Publications (2)
- Articles in Law Reviews & Other Academic Journals (1)
- CHDCM Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Other Publications (1)
- Popular Media (1)
- Scholarly Works (1)
- U.S. Supreme Court Briefs (1)
Articles 1 - 30 of 41
Full-Text Articles in Military, War, and Peace
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Faculty Scholarship
Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the civilian …
Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks
Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
This article seeks to challenge a basic assumption of international law and policy, arguing that the existing state-based international legal framework stands in the way of developing effective responses to state failure. It offers an alternative theoretical framework designed to spark debate about better legal and policy responses to failed states. Although the article uses failed states as a lens to focus its arguments, it also has broad implications for how we think about sovereignty, the evolving global order, and the place of states within it.
State failure causes a wide range of humanitarian, legal, and security problems. Unsurprisingly, given …
Sounds Of Silence, Kenneth Lasson
An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson
An American Gulag? Human Rights Groups Test The Limits Of Moral Equivalency, Kenneth Anderson
Popular Media
This 2005 article from the Weekly Standard criticizes the 2005 Amnesty International report and associated press releases and press conferences referring to the Guantanamo Bay detention facility as an American gulag. It more broadly criticizes the human rights movement for wanting it both ways - on the one hand, using extraordinarily inflammatory rhetoric such as raising the spectre of Soviet death camps, while on the other hand, calling for that very same, apparently deeply criminal regime, the Bush administration, to perform the tasks of human rights enforcement that the human rights movement would like to see performed elsewhere in the …
Abu Ghraib, Diane Marie Amann
Abu Ghraib, Diane Marie Amann
Scholarly Works
This article posits a theoretical framework within which to analyze various aspects of post-September 11 detention policy - including the widespread prisoner abuse that has been documented in the leaks and official releases that began with publication of photos made at Iraq's Abu Ghraib prison. Examined are the actions of civilian executive officials charged with setting policy, of judicial officers who evaluated it, and military personnel who implemented it. Abuse has been attributed to failures of training or planning. The article concentrates on a different failure, the failure of law to keep lawlessness in check. On September 11, law's map …
The United Nations Compensation Commission And The Balancing Of Rights Between Individual Claimants And The Government Of Iraq, John J. Chung
The United Nations Compensation Commission And The Balancing Of Rights Between Individual Claimants And The Government Of Iraq, John J. Chung
Law Faculty Scholarship
No abstract provided.
Reply Brief For Petitioner, Hamdan V. Rumsfeld, No. 04-702 (U.S. Jan. 03, 2005), Neal K. Katyal
Reply Brief For Petitioner, Hamdan V. Rumsfeld, No. 04-702 (U.S. Jan. 03, 2005), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Invasion Usa: Setting And National Identity In Cold War Film, Jon Radwan
Invasion Usa: Setting And National Identity In Cold War Film, Jon Radwan
CHDCM Publications
No abstract provided.
The Occupation Of Iraq, Gregory H. Fox
The Occupation Of Iraq, Gregory H. Fox
Law Faculty Research Publications
No abstract provided.
Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl
Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl
Scholarly Articles
In Rasul v. Bush, the Supreme Court held that U.S. district courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. In this paper, I explore what has happened since the Rasul decision: most notably, the introduction of combatant status review tribunals as a response to Rasul and the challenges that have been filed thereto and adjudicated in the federal courts (Khalid, In re Guantanamo Detainee Cases); the charges brought against certain detainees by military commissions and challenges to these commissions filed in the …
Trade As Guarantor Of Peace, Liberty And Security? The Role Of Peace In The Bretton Woods Institutions, Padideh Ala'i
Trade As Guarantor Of Peace, Liberty And Security? The Role Of Peace In The Bretton Woods Institutions, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
No abstract provided.
What Is War? Reflections On Free Speech In 'Wartime, David Skover, Ronald Collins
What Is War? Reflections On Free Speech In 'Wartime, David Skover, Ronald Collins
Faculty Articles
Written as the lead article for a Symposium issue commemorating the Free Speech in Wartime Conference held in January of 2005 at Rutgers Law School - Camden, this piece analyzes the following questions: What qualifies as war in the 21st Century? Who determines when the country is at war? And what effect, if any, should the existence of a war have on judicial review of First Amendment challenges?
Military Justice At Abu Ghraib, Jeffrey F. Addicott
Military Justice At Abu Ghraib, Jeffrey F. Addicott
Faculty Articles
Previous efforts to denigrate the credibility of U.S. war policies in the War on Terror pale in the wake of the prisoner abuse scandal at Abu Ghraib. Photographic evidence of American soldiers abusing detainees created a firestorm of allegations concerning illegal interrogation practices and threatened to derail fundamental legal and policy pillars upon which America conducts the War on Terror. It raised the question of whether the prison abuse reflected a systemic policy to illegally obtain information from detainees or isolated acts of criminal behavior by a handful of soldiers. Thanks to several investigative reports, the legal and policy pillars …
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …
The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin
The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin
All Faculty Scholarship
On June 28, 2004, the United States Supreme Court released its much awaited decisions in the cases posing a challenge to the Executive's self-professed authority to detain and indefinitely hold individuals designated as "enemy combatants." The cases arose from the "war on terrorism" that was launched after the attack on the United States on September 11, 2001. When each decision is looked at individually, the result seems to make sense and, given the outcome (affording detainees rights of judicial review), feels good. Yet when these decisions are looked at collectively, it is hard to believe that they were issued by …
The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi
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.
Ingando Solidarity Camps: Reconciliation And Political Indoctrination In Post-Genocide Rwanda Note, Chi Adanna Mgbako
Ingando Solidarity Camps: Reconciliation And Political Indoctrination In Post-Genocide Rwanda Note, Chi Adanna Mgbako
Faculty Scholarship
This Note, based primarily on interviews with ingando participants, government officials, journalists, and genocide survivors conducted in Rwanda in January 2004, evaluates the merits and limits of government-run ingando solidarity camps as a means of fostering reconciliation in the complicated social landscape of post-genocide Rwanda. Focusing on ingando for ex-combatants, ex-soldiers, students, and released genocidaires, this Note argues that much of the ingando project is focused on the dissemination of pro-RPF ideology, a dangerous undertaking in a country in which political indoctrination and government-controlled information were essential in sparking and sustaining the genocide. Furthermore, a successful reconciliation program must take …
The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr.
The Limits Of Fourth-Generation Warfare, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii
Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Agora: Icj Advisory Opinion On Construction Of A Wall In The Occupied Palestinian Territory Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Agora: Icj Advisory Opinion On Construction Of A Wall In The Occupied Palestinian Territory Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman
Articles
No abstract provided.
Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran
Re-Membering Law In The Internationalizing World, Vivian Grosswald Curran
Articles
This article examines some of the challenges to understanding new, non-national legal configurations as contexts of origin color understandings and evaluations of legal standards allegedly shared across legal communities. It examines a case on assisted suicide, Pretty v. U.K., decided by the European Court of Human Rights. The case illustrates mechanisms of legal integration in the European court, followed by a process of dis-integration that occurred when the decision was reported to the French legal community. The French rendition reflected a legal community's inability to process common law information through civil law cognitive grids. The article addresses both the capacity …
Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay
Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay
Articles by Maurer Faculty
No abstract provided.
Letter Of Appreciation: Peter Murphy Retires After A Lifetime Of Dedication As Counsel To The Commandant Of The Marine Corps, James E. Baker
Letter Of Appreciation: Peter Murphy Retires After A Lifetime Of Dedication As Counsel To The Commandant Of The Marine Corps, James E. Baker
Georgetown Law Faculty Publications and Other Works
This letter reflects upon the retirement of Peter Murphy after 20 years of service as counsel to the commandant of the Marine Corps. Chief Judge Baker discusses Peter Murphy’s moral courage, common sense, and unflinching dignity while serving as counsel. He relates how Murphy has an abiding commitment to the great institutions of his life and of our lives: the rule of law, the military, and the Marine Corps.
Protecting Rights In The Age Of Terrorism: Challenges And Opportunities, Rosa Brooks
Protecting Rights In The Age Of Terrorism: Challenges And Opportunities, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
Depending on whom you speak to these days (and the mood in which you find them), international law is either practically moribund, or it's more vibrant and important than it has been for years. To take the good news story first, international law issues have been at the forefront of public discourse over the past few years. Pick your issue: the U.N. Charter and the international law on the use of force? The Convention Against Torture? The Geneva Conventions? You'll find it on the front page these days. Journalists are phoning international law professors for background briefings, and students are …
The Politics Of The Geneva Conventions: Avoiding Formalist Traps, Rosa Brooks
The Politics Of The Geneva Conventions: Avoiding Formalist Traps, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The Geneva Conventions were drafted in 1949, in another world. The world of the Geneva Conventions' "framers" is still familiar to all of us, though increasingly it is familiar from movies and books rather from the evening news or, still less, our own lived experience. The world in which the Conventions were drafted was a world of states: powerful states, weak states, predatory states, law-abiding states, but states all the same. Soldiers wore uniforms designed by their states, carried weapons issued by their states, obeyed orders given by their commanders, and fought against the armies of other states.
Well--most of …
Terrorist Speech And The Future Of Free Expression, Laura K. Donohue
Terrorist Speech And The Future Of Free Expression, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The crucial point is this: Both liberal, democratic states, and non-state terrorist organizations need free speech. Prominent scholars have written elegantly and at length on the role of this liberty for the former. While their arguments surface at times in the text, the author does not dwell on them. Instead, she wrestles with the question: Under what circumstances are the interests of the state secured and the opportunism of terrorist organizations avoided? Here, the experiences of the United States and United Kingdom prove instructive. On both sides of the Atlantic, where the state acts as sovereign, efforts to restrict persuasive …
The Law On Intervention: Africa's Pathbreaking Model, Jeremy I. Levitt
The Law On Intervention: Africa's Pathbreaking Model, Jeremy I. Levitt
Journal Publications
This article seeks to examine the sum and substance of the evolving intervention regime in Africa. I employ a structural approach to highlight the normative framework governing humanitarian intervention in Africa at the sub-regional and regional levels. The article is meant to be a snapshot rather than a comprehensive treatment of the law of intervention in Africa. Space constraints preclude examination of the legality of the various post-Cold War, unilateral African interventions (i.e., those that took place without prior Security Council authorisation or valid state consent). These include the interventions by the Economic Community of West African States (ECOWAS) in …
Return Of The Great Writ: Judicial Review, Due Process, And The Detention Of Alleged Terrorists As Enemy Combatants, Benjamin Priester
Return Of The Great Writ: Judicial Review, Due Process, And The Detention Of Alleged Terrorists As Enemy Combatants, Benjamin Priester
Journal Publications
The federal government's reaction to the terrorist attacks of September 11, 2001, included a wide range of statutes, policies, and strategies for aggressively pursuing, capturing, detaining, and punishing not only the individuals directly responsible for the attacks, but also those who seek to carry out future attacks. The objective was no less ambitious than the elimination of the entire terrorist organization known as Al Qaeda, from its leaders like Osama bin Laden to its agents in the field. To accomplish this aim the government invoked the full range of its powers in foreign and domestic affairs: military force abroad, foreign …
Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez
Legal Frameworks For Economic Transition In Iraq – Occupation Under The Law Of War Vs. Global Governance Under The Law Of Peace, Antonio F. Perez
Scholarly Articles
After over a decade as the ruling conventional wisdom under the rubric of the so-called Washington Consensus, the prospect of reconstruction and development through fiscal austerity, privatization and liberalization of markets is under considerable attack today from many quarters. One common theme of these challenges-to what has been received wisdom-focuses not on the technical characteristics of development, but rather its connection to political development.
Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez
Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez
Scholarly Articles
The first object of this paper, therefore, is to consider in very general terms the intellectual history of the study of the relation between trade and peace, using two key texts from the beginning and the end of the Cold War - first, Kenneth Waltz's "Man, the State, and War: A Theoretical Analysis" 3; and, second, Philip Bobbitt's "The Shield of Achilles: War, Peace, and the Course of History.
The second part of this paper will argue that Waltz's normative commitments are revealed in the order of his presentation and Bobbitt's normative commitments are revealed in the ostensibly descriptive thesis …