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Full-Text Articles in Military, War, and Peace

Protecting Vulnerable Environments In International Humanitarian Law, Michaela Halpern Oct 2015

Protecting Vulnerable Environments In International Humanitarian Law, Michaela Halpern

Michaela S. Halpern

One of the fundamental principles of International Humanitarian Law, if not the fundamental principle, is the need to distinguish combatants from civilians and civilian objects in the course of belligerency. One of the most important civilian objects is the environment in which civilians live. However the importance of the environment has not been a focus of International Humanitarian Law until recent years. Rules of International Humanitarian Law now account for environmental matters generally but are not adequate to deal with particular "vulnerable" environments, such as the Arctic and the Amazon. Changes in these environments have the potential for world-wide repercussions …


The Conflict Of Laws In Armed Conflicts And Wars, John C. Dehn Aug 2015

The Conflict Of Laws In Armed Conflicts And Wars, John C. Dehn

John C. Dehn

After over thirteen years of continuous armed conflict, neither courts nor scholars are closer to a common understanding of whether, or how, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates the first normative theory regarding the relationship of customary international law to U.S. domestic law that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to better articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law to U.S. law differs in cases …


Thinking Globally, Policy Locally: A Plan For Decentralized Law Enforcement In Côte D’Ivoire, __ J. Of Int’L Bus. & L. __ (Forthcoming 2015), Hugh Mundy Dec 2014

Thinking Globally, Policy Locally: A Plan For Decentralized Law Enforcement In Côte D’Ivoire, __ J. Of Int’L Bus. & L. __ (Forthcoming 2015), Hugh Mundy

Hugh Mundy

During a 2009 speech in Ghana, President Barack Obama said, “Africa doesn’t need strongmen. It needs strong institutions.” Obama credited Ghana’s “impressive rates of growth” to the country’s “repeated peaceful transfers of power even in the wake of closely contested elections.” Free elections and non-violent power transfers, he said, “may lack the drama of the twentieth century’s liberation struggles” but “will ultimately be more significant.” Last July, the president expressed similar sentiments during a highly anticipated trip to Kenya. Côte d’Ivoire offers a stark example of the instability wrought when an unseated leader refuses to cede power. Once hailed as …