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Full-Text Articles in Military, War, and Peace
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Faculty Publications
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah
War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah
Faculty Publications
Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …
At War With Civil Rights And Civil Liberties, Thomas E. Baker
At War With Civil Rights And Civil Liberties, Thomas E. Baker
Faculty Publications
This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.
Book Review Of The Law Of War, Linda A. Malone
Book Review Of The Law Of War, Linda A. Malone
Faculty Publications
No abstract provided.
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Faculty Publications
No abstract provided.
Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.
Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
International Law And The American Hostages In Iran, Walter L. Williams Jr.
International Law And The American Hostages In Iran, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii
Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.