Open Access. Powered by Scholars. Published by Universities.®

International Humanitarian Law Commons

Open Access. Powered by Scholars. Published by Universities.®

858 Full-Text Articles 600 Authors 82507 Downloads 66 Institutions

All Articles in International Humanitarian Law

Faceted Search

858 full-text articles. Page 1 of 24.

Brief Of Amicus Curiae The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff - Appellant And Urging Reversal, Ahmed Salem Bin Ali Jaber, Et Al V. Usa, Et Al, Docket No. 16-05093 (D.C. Cir. 2016), Steven D. Schwinn 2016 John Marshall Law School

Brief Of Amicus Curiae The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff - Appellant And Urging Reversal, Ahmed Salem Bin Ali Jaber, Et Al V. Usa, Et Al, Docket No. 16-05093 (D.C. Cir. 2016), Steven D. Schwinn

Steven D. Schwinn

No abstract provided.


Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman 2016 University of Georgia School of Law

Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman

Georgia Journal of International & Comparative Law

No abstract provided.


Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard 2016 U.S. Naval War College

Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard

International Law Studies

This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.


Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner 2016 U.S. Naval War College

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their ...


Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman 2016 Selected Works

Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman

Kenneth Anderson

As increasingly automated—and in some cases fully autonomous—weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose great challenges, however, with regard to law of armed conflict rules regulating the use of weapons. To adapt existing law to meet those challenges, we propose a ...


Partners And Legal Pitfalls, Brian Finucane 2016 U.S. Naval War College

Partners And Legal Pitfalls, Brian Finucane

International Law Studies

Partnered military operations are an increasingly prominent feature of armed conflict and one which presents a distinct set of legal challenges to States assisting partners. This is particularly true of the war in Syria which is characterized both by States working with and through other States and non-State actors and by the widespread violation of the law of armed conflict (LOAC) by many of the parties. This article considers the legal implications of LOAC violations by a party to the conflict for the State or States providing it assistance and identifies risk mitigation measures that assisting States can adopt.


Book Review: Genocide On The Drina River, Iva Vukušić 2016 Utrecht University

Book Review: Genocide On The Drina River, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.


Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty 2016 Duke Law

Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty

Duke Law & Technology Review

Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from ...


Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey 2016 University of Georgia School of Law

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman 2016 Charles Darwin University School of Law

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.


New Judicial Review In Old Europe, Alyssa S. King 2016 Yale University

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.


Self-Determination And Secession Under International Law: The New Framework, Milena Sterio 2016 Cleveland-Marshall College of Law, Cleveland State University

Self-Determination And Secession Under International Law: The New Framework, Milena Sterio

Milena Sterio

This Article argues toward the necessity to develop a new international law framework on secession. The development of such a normative framework is necessary in order to address various secessionist situations around the globe and to replace the resolution of secessionist struggles through politics of the Great Powers with true legal norms.

This Article first analyzes several examples of successful and failed secessions in recent history. Next it focuses on existing international law on the subject matter of secession and concludes that existing norms are insufficient and indefinite. Finally, it develops a new proposed framework on secession, which attempts to ...


The Fate Of Armed Resistance Groups After Peace, David C. Williams 2016 Indiana University Maurer School of Law

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.


New Un Secretary-General Must Commit To Accountability, Lauren Carasik 2016 Western New England University School of Law

New Un Secretary-General Must Commit To Accountability, Lauren Carasik

Media Presence

No abstract provided.


Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl 2016 Transnational Law Institute, Washington & Lee University School of Law

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Classifying The Conflict In Syria, Terry D. Gill 2016 U.S. Naval War College

Classifying The Conflict In Syria, Terry D. Gill

International Law Studies

This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply ...


Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015), Ines Gillich 2016 Johannes Gutenberg-University of Mainz, Germany

Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015), Ines Gillich

Pace International Law Review

This Article identifies and critically analyzes the contributions the International Court of Justice (ICJ) made to the international law against genocide via the judgment in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) of February 3, 2015. This Article elaborates on the concept of genocide—a term that has originally been coined after the Armenian Genocide and the Holocaust—and the protection against this “crime of crimes” under international law. The analysis section of this Article refers to the historical and procedural context of the dispute between Croatia and Serbia in ...


The Combatant's Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin 2016 Cornell Law School

The Combatant's Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

Jens David Ohlin

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance” — the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for ...


The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl 2016 Washington University School of Law in St. Louis

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Mark A. Drumbl

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of ...


Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner 2016 University of Georgia School of Law

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress