U.S. V. Mcomber, A Brief Critique,
2019
William & Mary Law School
U.S. V. Mcomber, A Brief Critique, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System,
2019
William & Mary Law School
From Rome To The Military Justice Acts Of 2016 And Beyond: Continuing Civilianization Of The Military Criminal Legal System, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?,
2019
University of Arkansas at Little Rock
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
South Carolina Law Review
No abstract provided.
Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions,
2019
Arnold & Porter
Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy
St. Mary's Law Journal
Abstract forthcoming
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama,
2019
William & Mary Law School
The Legal Dilemma Of Guantanamo Detainees From Bush To Obama, Linda A. Malone
Linda A. Malone
The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations,
2019
William & Mary Law School
The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone
Linda A. Malone
No abstract provided.
Human Rights In The Middle East,
2019
William & Mary Law School
Human Rights In The Middle East, Linda A. Malone
Linda A. Malone
No abstract provided.
Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare,
2019
William & Mary Law School
Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare, Linda A. Malone
Linda A. Malone
No abstract provided.
Book Review Of The Palestine Problem In International Law And World Order,
2019
William & Mary Law School
Book Review Of The Palestine Problem In International Law And World Order, Linda A. Malone
Linda A. Malone
No abstract provided.
Book Review Of The Law Of War,
2019
William & Mary Law School
Arab-Israeli Conflict,
2019
William & Mary Law School
The Military Rules Of Evidence: Origins And Judicial Implementation,
2019
William & Mary Law School
The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice,
2019
William & Mary Law School
Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice, Fredric I. Lederer, Barbara S. Hundley
Fredric I. Lederer
No abstract provided.
Absence Without Leave - The Nature Of The Offense,
2019
William & Mary Law School
Absence Without Leave - The Nature Of The Offense, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives,
2019
Australian National University College of Law
Can We Starve The Civilians? Exploring The Dichotomy Between The Traditional Law Of Maritime Blockade And Humanitarian Initiatives, Phillip J. Drew
International Law Studies
The contemporary practice of maritime blockade can trace its origins to the Dutch Placaat of 1564, under which the Dutch Navy enforced the closure of Spanish ports to maritime traffic, both inbound and outbound. Although originally designed to stop all military reinforcements from reaching an area, in the ensuing 450 years, blockade has developed into a method of warfare whose effects are primarily economic. As a result of the urbanization of much of the world’s population over the past 200 years, many States have become heavily reliant on imported foodstuffs and commodities, most of which moves by sea. When those …
Proportionality In Counterinsurgency: A Relational Theory,
2019
William & Mary Law School
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Evan J. Criddle
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
Human Rights, Emergencies, And The Rule Of Law,
2019
William & Mary Law School
Human Rights, Emergencies, And The Rule Of Law, Evan J. Criddle, Evan Fox-Decent
Evan J. Criddle
This article illuminates the normative basis for international law’s regulation of public emergencies by arguing that human rights are best conceived as norms arising from a fiduciary relationship between states (or state-like actors) and persons subject to their power. States bear a fiduciary duty to guarantee subjects’ secure and equal freedom, a duty that flows from their institutional assumption of sovereign powers. The fiduciary theory disarms Carl Schmitt’s critique of constitutionalism by explaining how emergency powers can be reconciled with the rule of law.
Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions,
2019
William & Mary Law School
Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs
Nancy Combs
It is a central tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party that illegally launches a war benefits from all the same rights as a party that must defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible and that defenders should have more rights and fewer responsibilities than aggressors. The equal application doctrine retains the support of legal scholars, however, because they reasonably fear that applying different rules to different warring parties will substantially reduce overall compliance with …
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina,
2019
University of Toronto
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
Craig M. Scott
This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) …
