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Maurer School of Law: Indiana University

Articles by Maurer Faculty

International law

Articles 1 - 7 of 7

Full-Text Articles in Military, War, and Peace

The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters Jan 2019

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 Jan 2017

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 …


Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler Jan 2015

Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler

Articles by Maurer Faculty

The Islamic State has combined its extreme violence with digital and cyber technologies to produce and distribute globally videos recording atrocities it commits. This article argues that those in the Islamic State who make and distribute these atrocity videos are committing war crimes under international law. After introducing the unprecedented phenomenon the atrocity videos represent (I.), the article first examines the relationship between international law and propaganda in war and peace (II.) The article then argues the atrocity videos violate prohibitions in international humanitarian law and constitute war crimes (III.). The article concludes by presenting criticisms of this argument and …


The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi Jan 2014

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.


Book Review. The Outlawry Of War By C. C. Morrison, Fowler V. Harper Jan 1928

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 Jan 1928

Outlawry Of War, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


The Venezuelan Affair In The Light Of International Law, Amos S. Hershey Jan 1903

The Venezuelan Affair In The Light Of International Law, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.