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If George Washington Did It, Does That Make It Constitutional? : History's Lessons For Wartime Military Tribunals, Martin S. Lederman 2016 Georgetown University Law Center

If George Washington Did It, Does That Make It Constitutional? : History's Lessons For Wartime Military Tribunals, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Congress has recently authorized military commissions to try individuals for domestic-law offenses—such as providing material support to terrorism, and conspiring to commit law-of-war offenses—in addition to offenses against the international laws of war. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution guarantees. The constitutionality of such an abrogation of Article III’s criminal-trial guarantees has been debated in many of the Nation’s wars, without clear resolution. The Article III question is now the subject of a potentially landmark case, al Bahlul v. United States, that the Supreme Court may ...


Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn 2016 Loyola University Chicago, School of Law

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 ...


Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer 2016 West Virginia University

Hannibal At The Gate: Border Kids, Drugs, And Guns – And The Mexican Cartel War Goes On, Arthur Rizer

Arthur Rizer

This article argues that the current cartel war in Mexico represents a clear and present danger to the national security of the United States. Some have estimated Mexico, one of the United States’ closest allies, has lost more than 60,000 people in its drug war. That is approximately a murder every hour related to cartel violence. Some experts claim the death toll has been greatly soft-pedaled, with the government reducing violence by simply not reporting it, and that the actual death toll is over 100,000. These numbers do not even include the nearly 40,000 Americans who die ...


Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer 2016 West Virginia University College of Law

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Arthur Rizer

No abstract provided.


The War On Terror, How The Strategies Used By The United States Against Islamic Extremism Have Been Ineffective, Hein Paing 2016 Embry-Riddle Aeronautical University - Daytona Beach

The War On Terror, How The Strategies Used By The United States Against Islamic Extremism Have Been Ineffective, Hein Paing

Student Works

The purpose of this thesis is to investigate the ineffective strategies used by the United States and coalition forces in the fight against Islamic extremist terrorism. The continuation of terrorist groups acting in the name of Islam begs the question as to just how well have these strategies worked, and what further measures must be taken in order to quell the existence of these organizations? This will be done through the examination of tactics such as the deployment of troops, bombardments from airstrikes, and the restrictive rules of engagements. When explored thoroughly, it will be easier to ascertain exactly why ...


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell 2016 Notre Dame Law School

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Mary Ellen O'Connell

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.


Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune 2016 Nigerian Institute of Advanced Legal Studies, Abuja, Nigeria

Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune

Annual Survey of International & Comparative Law

The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.


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 ...


Integrating Lawfare And Warfare, Joel P. Trachtman 2016 Tufts University

Integrating Lawfare And Warfare, Joel P. Trachtman

Boston College International and Comparative Law Review

Current military campaigns are not waged solely on the physical battlefield, but in multiple other arenas. One such arena is lawfare: legal activity that supports, undermines, or substitutes for other types of warfare. In today’s law-rich environment, with an abundance of legal rules and legal fora, strategists must evaluate the full scope of possible legal argumentation. Lawfare can substitute for warfare where it provides a means to compel specified behavior with fewer costs than kinetic warfare, or even in cases where kinetic warfare would be ineffective. As a result, lawfare can be strategically integrated into military command structures to ...


Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher 2016 Pace University School of Law

Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher

Pace International Law Review

Cyber-attacks take many forms, only some of which are applicable to the law of war. This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. This definition should encompass cyber-attacks perpetrated by states, unrecognized ...


Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman 2016 University of Miami Law School

Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman

University of Miami Law Review

This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without ...


Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin 2016 University of Georgia School of Law

Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi 2016 University of Georgia School of Law

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

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

Georgia Journal of International & Comparative Law

No abstract provided.


A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust 2016 Yale University

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon 2016 International Bank for Reconstruction and Development

Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon

Georgia Journal of International & Comparative Law

No abstract provided.


The Crimean Crisis, Robert J. Delahunty 2016 University of St. Thomas School of Law

The Crimean Crisis, Robert J. Delahunty

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Borderlands, Conflict, And Identity In Contemporary Ukraine, Steven M. Hoffman, Renee Buhr 2016 University of St. Thomas, Minnesota

Borderlands, Conflict, And Identity In Contemporary Ukraine, Steven M. Hoffman, Renee Buhr

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Abortion And The Laws Of War: Subverting Humanitarianism By Executive Edict, Susan Yoshihara 2016 University of St. Thomas, Minnesota

Abortion And The Laws Of War: Subverting Humanitarianism By Executive Edict, Susan Yoshihara

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


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