Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime,
2012
Washburn University School of Law
Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime, Craig Martin
Craig Martin
The U.S. targeted killing policy employs drone-launched missiles to kill suspected terrorists and insurgents in countries in which the U.S. is not clearly involved in an armed conflict. It has justified the program on two bases: that the U.S. is in an armed conflict with Al Qaeda and associated organizations; and that the U.S. can engage in the strikes as an exercise of self-defence. These strikes constitute a use of force against the states in which the targets are located, in jus ad bellum terms, and the claim to the right of self-defence is similarly reliance upon a jus ad …
Revisiting Extraterritoriality After Al-Skeini: The Echr And Its Lessons,
2012
UC Davis School of Law
Revisiting Extraterritoriality After Al-Skeini: The Echr And Its Lessons, Barbara Miltner
Michigan Journal of International Law
On July 7, 2011, the European Court of Human Rights, sitting as a Grand Chamber, handed down two long-awaited judgments on the subject of the extraterritorial reach and scope of the European Convention on Human Rights (ECHR). In both Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom, the underlying issue was whether or not the United Kingdom was bound by its treaty obligations under the ECHR with regard to its military presence in Iraq. Al-Skeini involved the joined claims of six Iraqi nationals whose relatives were killed while allegedly under U.K. jurisdiction in Iraq; they claimed a lack of …
The Law Of The Neighbor: The Political Demography Of International Law,
2012
Lund University
The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson
Dr Matilda Arvidsson
No abstract provided.
Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies,
2012
Pepperdine University
Pows Left In The Cold: Compensation Eludes American Wwii Slave Laborers For Private Japanese Companies, Jennifer Joseph
Pepperdine Law Review
No abstract provided.
Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone,
2012
Pepperdine University
Calling Children To Account: The Proposal For A Juvenile Chamber In The Special Court For Sierra Leone, Diane Marie Amann
Pepperdine Law Review
No abstract provided.
Repairing The Consequences Of Ethnic Cleansing,
2012
Pepperdine University
Repairing The Consequences Of Ethnic Cleansing, John Quigley
Pepperdine Law Review
No abstract provided.
A Critique Of The Report Of The Panel On United Nations Peace Operations,
2012
Pepperdine University
A Critique Of The Report Of The Panel On United Nations Peace Operations, H. B. Mccullough
Pepperdine Law Review
No abstract provided.
Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention,
2012
Vice Admiral, Judge Advocate General’s Corps, United States Navy
Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck
Penn State Journal of Law & International Affairs
In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …
The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side,
2012
Georgetown University Law Center
The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side, David Cole
Georgetown Law Faculty Publications and Other Works
Was the Bush administration’s decision to employ “enhanced interrogation techniques” a mistake of policy, a violation of law, or both? This essay responds to Philip Zelikow’s insider account of how the decision to use these techniques was reached. The author suggests that while Zelikow makes a strong case that the decision to authorize the CIA to use coercive interrogation tactics was a mistaken policy judgment, it is important not to lose sight of the fact that it was also illegal. The latter conclusion demands a different response than the former. In particular, it underscores the necessity for accountability. The author …
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court ,
2012
Pepperdine University
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
Pepperdine Dispute Resolution Law Journal
On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …
Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry,
2012
University of Baltimore School of Law
Defense Base Act Insurance: Allocating Wartime Contracting Risks Between Government And Private Industry, Hugh Barrett Mcclean
All Faculty Scholarship
More than ever before, the Department of Defense is relying on contactors to support our men and women in uniform. However, the cost of supporting these contractors has been paid not only with congressional funds but with an unprecedented number of contractor casualties. Sadly, while contractors are dying in record numbers in Iraq and Afghanistan, Congress has been preoccupied with paying less for the statutorily mandated workers’ compensation insurance that is intended to protect these workers. With the advent of Kevlar vests and armored-plated Humvees, contractors are returning home, but often with scars of war both visible and invisible. Rather …
The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat,
2012
Wayne State University
The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne
Law Faculty Research Publications
The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference in …
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens,
2012
American University, Washington College of Law
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
Articles in Law Reviews & Other Academic Journals
Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …
Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction,
2012
University at Buffalo School of Law
Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish
Buffalo Law Review
This Essay introduces the 2011 James McCormick Mitchell Lecture, “From Nuremberg to Buffalo: Justice Jackson’s Enduring Lessons of Morality and Law in a World at War,” a commemoration of Jackson’s 1946 centennial convocation speech at the University of Buffalo. It discusses Jackson’s speech, breaks down its thematic components, and situates the distinguished Mitchell Lecturers’ responses to it in context. Unlike Justice Jackson’s commanding and historic opening and closing statements as U.S. chief prosecutor at Nuremberg, Jackson’s 1946 speech, delivered just days after his return from Germany where he heard the Nuremberg Tribunal deliver its final judgment and verdicts, has largely …
Address At The University Of Buffalo Centennial Convocation, October 4, 1946,
2012
Supreme Court of the United States
Address At The University Of Buffalo Centennial Convocation, October 4, 1946, Robert H. Jackson
Buffalo Law Review
No abstract provided.
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946,
2012
St. John's University School of Law
Bringing Nuremberg Home: Justice Jackson's Path Back To Buffalo, October 4, 1946, John Q. Barrett
Buffalo Law Review
No abstract provided.
Of Nazis, Americans, And Educating Against Catastrophe,
2012
University of North Carolina School of Law
Of Nazis, Americans, And Educating Against Catastrophe, Eric L. Muller
Buffalo Law Review
No abstract provided.
Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg,
2012
University of Southern California Gould School of Law
Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak
Buffalo Law Review
No abstract provided.
A Legal Interpretation Of North Korea’S Nuclear Program,
2012
Pepperdine University
A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber
Global Tides
This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …
Libya: A Multilateral Constitutional Moment?,
2012
Georgetown University Law Center
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Georgetown Law Faculty Publications and Other Works
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …
