Feminism And International Law In The Post 9/11 Era, 2016 Duke Law School
Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby
Faculty Scholarship
No abstract provided.
Why Declarations Of War Matter, 2016 Duke Law School
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, 2016 Duke Law School
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
One of the most vexing conundrums of 21st century warfare has been not just the explosive growth in the use of human shields, but the apparent systemization of the tactic, particularly by nonstate actors. In noting the international prohibition, the International Committee of the Red Cross (ICRC) defines the practice as the “intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of those military objectives.”
Military Justice, 2016 Duke Law School
Accountability And Autonomous Weapons: Much Ado About Nothing?, 2016 Duke Law School
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Faculty Scholarship
This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …
Obama's Aumf Legacy, 2016 Duke Law School
Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith
Faculty Scholarship
No abstract provided.
Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, 2016 Southern Methodist University, Dedman School of Law
Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse
Faculty Journal Articles and Book Chapters
This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces against Afghan nationals to the U.S. military. The answer requires applying a longstanding Department of Defense policy for reporting law of war violations and hinges on whether there is a nexus between the sexual assault and the armed conflict in Afghanistan. Although recent attention on this topic has brought much-needed visibility to sexual assault in conflict zones, the overbroad assertions of the media and the military have unfortunately fostered more confusion than clarity. This Essay does not attempt …
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., 2016 St. Mary's University
Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo
St. Mary's Law Journal
Abstract Forthcoming.
The Ethics Of Inter Partes Review Before The Uspto., 2016 St. Mary's University
The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen
St. Mary's Law Journal
Abstract Forthcoming.
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., 2016 St. Mary's University
Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., 2016 St. Mary's University
Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable
St. Mary's Law Journal
Abstract Forthcoming.
President Obama's Legacy: The Iran Nuclear Agreement?, 2016 Cleveland-Marshall College of Law, Cleveland State University
President Obama's Legacy: The Iran Nuclear Agreement?, Milena Sterio
Law Faculty Articles and Essays
Iran, the United States, and several world super-powers signed a historic nuclear agreement over the summer of 2015. The Agreement is a comprehensive plan of action, with an unprecedented level of minutia and detail regarding Iran’s commitment to curb its nuclear program in exchange for the lifting of United Nations-imposed sanctions against Iran. This Agreement, if it is successfully implemented, may represent President Obama’s most significant foreign policy achievement and may become the most important element of President Obama's legacy.
This article examines the Iran Nuclear Agreement by focusing on the events that led to the imposition of sanctions against …
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, 2016 Duke Law School
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Faculty Scholarship
There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …
The Dod Law Of War Manual And Its Critics: Some Observations, 2016 Duke Law School
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
Faculty Scholarship
The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.
American Military Culture And Civil-Military Relations Today, 2016 Duke Law School
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
'Protection And Empire': The Martens Clause, State Sovereignty, And Individual Rights, 2016 Southern Methodist University, Dedman School of Law
'Protection And Empire': The Martens Clause, State Sovereignty, And Individual Rights, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
The Martens Clause was a last-minute compromise that saved the 1899 Hague Convention with Respect to the Laws and Customs of War on Land. In its original formulation, the clause shielded individuals under “the protection and empire” of international law, principles of humanity, and the dictates of the public conscience. F. F. Martens, its author, was Russia’s greatest international law scholar and occasional diplomat. He saw no application for his work in the nineteenth-century internal affairs of his sovereign, notwithstanding the transnational terrorism that plagued (and ultimately destroyed) the Russian Empire. As the relationship between individual rights and state sovereignty …
The Distraction Of Full Autonomy & The Need To Refocus The Ccw Laws Discussion On Critical Functions, 2016 Southern Methodist University, Dedman School of Law
The Distraction Of Full Autonomy & The Need To Refocus The Ccw Laws Discussion On Critical Functions, Chris Jenks
Faculty Journal Articles and Book Chapters
The United Nations (UN) Convention on Certain Conventional Weapons (CCW) discussions on lethal autonomous weapons (LAWS) have been confused, not constructive, and largely for the same definitional reasons identified two years ago. This paper attempts to address why the dialogue at the UN LAWS dialogue has proceeded as it has and proposes how it should proceed at the likely group of government expert meetings in 2017-2018. This paper focuses on the problems created by framing the LAWS discussion in terms of full autonomy and suggests that CCW States Parties refocus on the critical functions of selecting and engaging targets. The …
The Alleged Victim's Right To Mandamus In Military Courts-Martial, 2016 American University Washington College of Law
The Alleged Victim's Right To Mandamus In Military Courts-Martial, Leila Mullican
Criminal Law Practitioner
No abstract provided.
Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, 2016 Washington State University
Terrorists On Appeal: An Exploratory Analysis Of Terrorism Appeals Since 1988, Wesley Mccann
Criminal Law Practitioner
No abstract provided.
Children, 2016 University of Georgia School of Law
Children, Diane Marie Amann
Scholarly Works
This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …