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Full-Text Articles in Military, War, and Peace
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn
John C. Dehn
Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S. military to …
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
John C. Dehn
After over fourteen years of continuous armed conflict, neither courts nor commentators are closer to a common understanding of how, or the extent to which, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates and defends the first normative theory regarding the general relationship of customary international law to the U.S. legal system that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law …
The Commander-In-Chief And The Necessities Of War: A Conceptual Framework, John C. Dehn
The Commander-In-Chief And The Necessities Of War: A Conceptual Framework, John C. Dehn
John C. Dehn
No abstract provided.
Targeted Killing: The Case Of Anwar Al-Aulaqi, John C. Dehn, Kevin Jon Heller
Targeted Killing: The Case Of Anwar Al-Aulaqi, John C. Dehn, Kevin Jon Heller
John C. Dehn
No abstract provided.
Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations, John C. Dehn
Targeted Killing, Human Rights And Ungoverned Spaces: Considering Territorial State Human Rights Obligations, John C. Dehn
John C. Dehn
No abstract provided.
The Conflict Of Laws In Armed Conflicts And Wars, John C. Dehn
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 …