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Articles 2701 - 2730 of 5955
Full-Text Articles in Military, War, and Peace
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson
Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson
Contributions to Books
This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …
Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain
Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain
Publications
No abstract provided.
The Logic Of Terrorism, F.E. Guerra-Pujol
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
The Bush-Cheney Legacy: Serial Torture And Forced Disappearance In Manifest Violation Of Global Human Rights Law, Jordan J. Paust
Barry Law Review
No abstract provided.
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt
Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.
First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists, Thomas M. Mcdonnell
Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists, Thomas M. Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This article explores whether targeted killing of suspected Islamist terrorists comports with international law generally, whether any special rules apply in so-called “failed states,” and whether deploying attack drones poses special risks for the civilian population, for humanitarian and human rights law, and for the struggle against terrorism. Part I of this article discusses the Predator Drone and its upgraded version Predator B, the Reaper, and analyzes their technological capabilities and innovations. Part II discusses international humanitarian law and international human rights law as applied to a state’s targeting and killing an individual inside or outside armed conflict or in …
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Faculty Publications
During one permanently consequential decade in the history of the United States and the world, United States Supreme Court Justice Robert H. Jackson delivered three major lectures at the University of Buffalo. The last of these was Jackson's May 9, 1951, James McCormick Mitchell Lecture, "Wartime Security and Liberty under Law," which inaugurated this distinguished lecture series. Justice Jackson's first formal lecture at the University of Buffalo occurred on February 23, 1942, halfway through his first year as a Supreme Court Justice and just twelve weeks after the attack on Pearl Harbor brought the United States into World War II. …
A Just War: Examining War Justification In Operation Iraqi Freedom, Neely M. Peden
A Just War: Examining War Justification In Operation Iraqi Freedom, Neely M. Peden
Neely M Peden
War itself and the consequences of war have never been able to be reconciled with the moral principle of peace. It was St. Thomas Aquinas who theorized that the incompatible means of war and Christian-taught pacifism could complement one another in his Summa Theologica. Out of these theological postures comes the idea of “just war”. This paper examines the conflict between these ideologies and the recent conflict in Iraq.
Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil
Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil
William Marra
The United States is in the midst of a national debate about the role drone aircraft should play in warfare abroad and law enforcement at home. Armed drones hunt enemies abroad 24 hours a day, seven days a week. Drones have begun to patrol our domestic skies too, on the lookout for suspicious activity. But contemporary drones are merely the “Model T” of robot technology. Today, humans are still very much “in the loop”: humans decide when to launch a drone, where it should fly, and whether it should take action against a suspect. But as drones develop greater autonomy, …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Sõjalisi Ja Turvateenuseid Pakkuvate Eraettevõtjate Õiguslik Staatus Relvakonfliktis, René Värk
Sõjalisi Ja Turvateenuseid Pakkuvate Eraettevõtjate Õiguslik Staatus Relvakonfliktis, René Värk
René Värk
No abstract provided.
Superior Responsibility, René Värk
Weak States And Terrorist Organizations: A Proposed Model Of Intervention, Ilan Fuchs, Harry Borowski
Weak States And Terrorist Organizations: A Proposed Model Of Intervention, Ilan Fuchs, Harry Borowski
Ilan Fuchs
No abstract provided.
Delegitimizing Aggression: First Steps And False Starts After The First World War, Kirsten Sellars Dr
Delegitimizing Aggression: First Steps And False Starts After The First World War, Kirsten Sellars Dr
Dr Kirsten Sellars
The interwar years marked the movement in international law towards the prohibition of aggressive war. Yet a notable feature of the 1920s and 1930s, despite suggestions to the contrary at the Nuremberg and Tokyo tribunals, was the absence of legal milestones marking the advance towards the criminalization of aggression. Lloyd George’s proposal to arraign the ex-Kaiser for starting the First World War came to nothing. Resolutions mentioning the ‘international crime’ of aggression, such as the draft Treaty for Mutual Assistance and the Geneva Protocol, were never ratified. And the Kellogg-Briand Pact, while renouncing war ‘as an instrument of national policy’, …
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Polar Law And Good Governance, Prof. Elizabeth Burleson
Polar Law And Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.
Responses To The Five Questions, Steven Metz
Responses To The Five Questions, Steven Metz
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, A. Mark Weisburd
Responses To The Five Questions, A. Mark Weisburd
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, Jody M. Prescott
Responses To The Five Questions, Jody M. Prescott
William Mitchell Law Review
No abstract provided.
Responses To The Five Questions, Charles J. Dunlop Jr.
Responses To The Five Questions, Charles J. Dunlop Jr.
William Mitchell Law Review
No abstract provided.
Judicial Formalism And The State Secrets Privilege, Sudha Setty
Judicial Formalism And The State Secrets Privilege, Sudha Setty
William Mitchell Law Review
No abstract provided.
Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications, Laurie R. Blank
Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications, Laurie R. Blank
William Mitchell Law Review
No abstract provided.
Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism, Kent Roach
Uneasy Neighbors: Comparative American And Canadian Counter-Terrorism, Kent Roach
William Mitchell Law Review
No abstract provided.
Applying Holder In An Irregular War, Ellen Porter
Applying Holder In An Irregular War, Ellen Porter
Public Interest Law Reporter
No abstract provided.
Tear Down These Red Lines: A Comparison Of Israel's And The United States' Approach Towards Iran's Nuclear Progam, Margaret Jones
Tear Down These Red Lines: A Comparison Of Israel's And The United States' Approach Towards Iran's Nuclear Progam, Margaret Jones
Public Interest Law Reporter
No abstract provided.
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
University of Baltimore Journal of International Law
This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …
Israel And The Palestinian State: Reply To Quigley, Daniel Benoliel
Israel And The Palestinian State: Reply To Quigley, Daniel Benoliel
University of Baltimore Journal of International Law
This article replies to Professor John Quigley's recent article on the rather dramatic controversy concerning Palestinian statehood. The present article provides a critical assessment of two pivotal Palestinian Unilateral Declarations of Independence (UDI) initiatives as of 1988 and 2011. It does so both generally and with regard to the territorial and border disputes underplayed by Professor Quigley's supportive Palestinian statehood argument altogether.
In the wake of the codenamed 'Arab Spring' tentative spread of democracy throughout the Middle East, regional law and order commands legal certainty. Thus, while being sympathetic to the secessionist selfdetermination of Palestine under public international law, this …
The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade
The United States And Iran – Decades Of Animosity: An Analysis Of The Path To The Current Conflict, Patrick Mcdade
University of Baltimore Journal of International Law
Lost in the international debate raging around Iran’s burgeoning nuclear weapons program is the deep and complex history that exists between the United States and Iran, as well as the legal rights and responsibilities that exist between the two nations. A thorough examination of the intensely adversarial relationship that has developed over the past sixty years must be undertaken before any path to a diplomatic solution is likely to succeed. The historical evidence clearly shows that Iran’s animosity towards and distrust of the United States is entirely justified, and the United States’ mistrust of Iran is equally well-grounded. Due these …
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
LLM Theses
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …