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Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton 2018 Vanderbilt University Law School

Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton

Georgia Journal of International & Comparative Law

No abstract provided.


A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull 2018 Columbia University Law School

A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull

Georgia Journal of International & Comparative Law

No abstract provided.


Whose Armed Conflict? Which Law Of Armed Conflict?, Adil A. Haque 2018 Rutgers School of Law

Whose Armed Conflict? Which Law Of Armed Conflict?, Adil A. Haque

Georgia Journal of International & Comparative Law

No abstract provided.


Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver 2018 South Texas College of Law Houston

Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver

Georgia Journal of International & Comparative Law

No abstract provided.


Five Years Under The Veterans Judicial Review Act: The Va Is Brought Kicking And Screaming Into The World Of Meaningful Due Process, Lawrence B. Hagel, Michael P. Horan 2018 University of Maine School of Law

Five Years Under The Veterans Judicial Review Act: The Va Is Brought Kicking And Screaming Into The World Of Meaningful Due Process, Lawrence B. Hagel, Michael P. Horan

Maine Law Review

I have been asked to give you the “veterans' perspective” on whether the Court of Veterans Appeals has served the purpose for which it was created by Congress and also to describe what additional steps the court might take to further the ends desired by veterans. This is no easy task. It is difficult not because I do not have a lot to say. It is difficult because it is a charge to speak, in a sense, for all veterans. In order to understand what I mean, I think it may be helpful to give you a little background on ...


The Impact Of Judicial Review On The Department Of Veterans Affairs' Claims Adjudication Process: The Changing Role Of The Board Of Veterans' Appeals, Charles L. Craigin 2018 University of Maine School of Law

The Impact Of Judicial Review On The Department Of Veterans Affairs' Claims Adjudication Process: The Changing Role Of The Board Of Veterans' Appeals, Charles L. Craigin

Maine Law Review

In a March 1992 statement submitted to the Congress, the Deputy Secretary of Veterans Affairs described the impact of judicial review on the Department of Veterans Affairs (Department or VA) as “profound.” That description is still apt and applies with as much force to the Board of Veterans' Appeals (Board or BVA) as it does to the Department as a whole. Nothing has had as much impact on the Board as the Veterans' Judicial Review Act (VJRA). The VJRA established the United States Court of Veterans Appeals in 1988 and charged it with the review of decisions of the Board ...


Jurisdiction Of The United States Court Of Veterans Appeals: Searching Out The Limits, Frank Q. Nebeker 2018 University of Maine School of Law

Jurisdiction Of The United States Court Of Veterans Appeals: Searching Out The Limits, Frank Q. Nebeker

Maine Law Review

I have been asked to talk to you about the United States Court of Veterans Appeals-specifically, challenges and trends in defining the scope of the court's jurisdiction. As a brand-new court, and one without any antecedent, the court began to establish precedent to deal with all aspects of its jurisdiction. In fact, it is still very much in the process of setting such precedent. For the first time, the court brought the principle of stare decisis to the veterans' community. The principle required considerable readjustment within the Department of Veterans Affairs (Department or VA). The VA's regional offices ...


Introductory Remarks, Donald N. Zillman 2018 University of Maine School of Law

Introductory Remarks, Donald N. Zillman

Maine Law Review

I am very pleased to welcome this distinguished company to the University of Maine School of Law and to Portland. I thank Chairman Cragin for bringing such a distinguished group to his law school. I thank the Maine Law Review for taking the sponsor's role and for insuring that the publication of our proceedings will take our thoughts far beyond this room. My interest in military law and veterans law as participant and scholar extends over the last twenty years. And so, when Chairman Cragin broached the idea of a conference to provide the first assessment of how the ...


Targeting The Targeted Killings Case - International Lawmaking In Domestic Contexts, Yahli Shereshevsky 2018 Hebrew University of Jerusalem

Targeting The Targeted Killings Case - International Lawmaking In Domestic Contexts, Yahli Shereshevsky

Michigan Journal of International Law

This Article offers three complementary explanations for the decision of the Israeli administration to deviate from the ruling in the Targeted Killings case. The first explanation relates to the ISC’s willingness to apply judicial review in military operations cases. In addition to its significance for the debate over the substantive rules of asymmetric warfare, the Targeted Killings case serves as a symbol of the willingness to engage in extensive judicial review of a state’s conduct of hostilities policy. The activist role of the ISC in such cases from the late 1990s to 2008 was widely recognized, celebrated, and ...


Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab 2018 University of Michigan Law School

Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab

Michigan Journal of International Law

Seven years have passed since revolution broke out in Syria in March of 2011. During those six years, hundreds of thousands of Syrians lost their lives, millions of Syrians were internally displaced or left the country seeking refuge, and a beautiful and diverse country was hijacked and terrorized by civil war. Every day in Syria, people are detained, tortured, raped, and killed. Attacks on homes, hospitals, markets, and schools are common occurrences. At this stage of the conflict, there is little doubt that it is the most horrific and dire humanitarian crisis since World War II. The conflict began as ...


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Unsuspected Francis Lieber, Richard Salomon 2018 The Graduate Center, City University of New York

The Unsuspected Francis Lieber, Richard Salomon

All Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his ...


Determining The Scope Of Attacks On Health In Four Governorates Of Syria In 2016: Results Of A Field Surveillance Program, Rohini J. Haar, Casey B. Risko, Sonal Singh, Diana Rayes, Ahmad Albaik, Mohammed Alnajar, Mazen Kewara, Emily Clouse, Elise Baker, Leonard S. Rubenstein 2018 University of California - Berkeley

Determining The Scope Of Attacks On Health In Four Governorates Of Syria In 2016: Results Of A Field Surveillance Program, Rohini J. Haar, Casey B. Risko, Sonal Singh, Diana Rayes, Ahmad Albaik, Mohammed Alnajar, Mazen Kewara, Emily Clouse, Elise Baker, Leonard S. Rubenstein

Open Access Articles

BACKGROUND: Violent attacks on and interferences with hospitals, ambulances, health workers, and patients during conflict destroy vital health services during a time when they are most needed and undermine the long-term capacity of the health system. In Syria, such attacks have been frequent and intense and represent grave violations of the Geneva Conventions, but the number reported has varied considerably. A systematic mechanism to document these attacks could assist in designing more protection strategies and play a critical role in influencing policy, promoting justice, and addressing the health needs of the population.

METHODS AND FINDINGS: We developed a mobile data ...


The Jus Ad Bellum'S Regulatory Form, Monica Hakimi 2018 University of Michigan Law School

The Jus Ad Bellum'S Regulatory Form, Monica Hakimi

Articles

This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different in kind from regulation through the general standards should change how we think about the jus ad bellum.


Epidemiological Findings Of Major Chemical Attacks In The Syrian War Are Consistent With Civilian Targeting: A Short Report, Jose M. Rodriguez-Llanes, Debarati Guha-Sapir, Benjamin-Samuel Schluter, Madelyn J. Hsiao-Rei Hicks 2018 University of Louvain

Epidemiological Findings Of Major Chemical Attacks In The Syrian War Are Consistent With Civilian Targeting: A Short Report, Jose M. Rodriguez-Llanes, Debarati Guha-Sapir, Benjamin-Samuel Schluter, Madelyn J. Hsiao-Rei Hicks

Open Access Articles

Evidence of use of toxic gas chemical weapons in the Syrian war has been reported by governmental and non-governmental international organizations since the war started in March 2011. To date, the profiles of victims of the largest chemical attacks in Syria remain unknown. In this study, we used descriptive epidemiological analysis to describe demographic characteristics of victims of the largest chemical weapons attacks in the Syrian war. We analysed conflict-related, direct deaths from chemical weapons recorded in non-government-controlled areas by the Violation Documentation Center, occurring from March 18, 2011 to April 10, 2017, with complete information on the victim's ...


An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger 2018 College of William & Mary Law School

An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger

William & Mary Environmental Law and Policy Review

No abstract provided.


Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith 2018 University of Pennsylvania Law School

Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith

Faculty Scholarship at Penn Law

This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.


Humanitarianism As A Weapons System, David Luban 2018 Georgetown University Law Center

Humanitarianism As A Weapons System, David Luban

Georgetown Law Faculty Publications and Other Works

One important theme in Rosa Brooks’s How Everything Became War and the Military Became Everything is that in Iraq and Afghanistan the United States has increasingly given the military reconstruction tasks that seem more like civilian jobs. This is part of the pivot to a “hearts-and-minds” counter-insurgency strategy; but in larger part it reflects our great trust in our military and diminishing trust in civilian government. The result is a vicious circle: As resources shift from civilian agencies to the military doing similar jobs, the civilian agencies become less effective, which seems to vindicate the judgment that the military ...


The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, Eric R. Carpenter 2018 College of William & Mary Law School

The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, Eric R. Carpenter

William & Mary Bill of Rights Journal

Sergeant Bowe Bergdahl and Private First Class Bradley (now Chelsea) Manning have something in common. Military officials unlawfully closed all or portions of their preliminary hearings to the public. When doing so, military officials exploited two unusual features of the military justice system, thereby denying the accused and the media of their respective Sixth Amendment and First Amendment rights to a public hearing.

The first feature is that the military justice system does not include a standing trial-level court. If there is a problem at the preliminary hearing, the accused and media have nowhere to go for help. The accused ...


Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt 2018 University of Pennsylvania Law School

Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt

Faculty Scholarship at Penn Law

What best explains how “Everything Became War and the Military Became Everything?”— the provocative title of a recent book by Professor Rosa Brooks of Georgetown Law. In this Essay, I turn to the Department of Defense’s (DoD) unique agency design as the vehicle to address this question. Specifically, I first describe and analyze the role that the 1947 National Security Act and 1986 Goldwater-Nichols Act play in incentivizing organizational behavior within the DoD. These two Acts have broad implications for national security governance. Relatedly, I address the consequences of these two core national security laws, focusing on the rise ...


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