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The Legacy Of Srebrenica: Potential Consequences Of Reducing Liability For Troop Contributing Countries In Modern Un Peacekeeping Operations, Kelsey Gasseling 2017 Boston College Law School

The Legacy Of Srebrenica: Potential Consequences Of Reducing Liability For Troop Contributing Countries In Modern Un Peacekeeping Operations, Kelsey Gasseling

Boston College International and Comparative Law Review

In 2014 the District Court of The Hague returned its decision in a case concerning peacekeeper (Dutchbat) wrongdoing during the 1995 massacre at Srebrenica, Bosnia-Herzegovina. The district court dismissed the UN as party to the suit, basing this decision on the organization’s statutory immunity from prosecution. As a basis for holding the Netherlands liable for Dutchbat’s actions, the district court utilized the effective control standard. This standard triggered liability for conduct undertaken either under direct order from Dutch officials, or in violation of the mission mandate. The district court strictly interpreted effective control, concluding the Netherlands was liable ...


Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell 2017 University of Essex

Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell

International Law Studies

Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the ...


With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick 2017 Roger Williams University

With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick 2017 Roger Williams University School of Law

Newsroom: As Manning Released, Trial Attorney Coombs Looks Back On Case, Looks Forward To Teaching Again At Rwu Law 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Defining A Cyber Jurisprudence, Peter R. Stephenson PhD 2017 independent researcher in cyber jurisprudence

Defining A Cyber Jurisprudence, Peter R. Stephenson Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Jurisprudence is the science and philosophy or theory of the law. Cyber law is a very new concept and has had, compared with other, older, branches of the law, little structured study. However, we have entered the cyber age and the law - on all fronts - is struggling to keep pace with technological advances in cyberspace. This research explores a possible theory and philosophy of cyber law, and, indeed, whether it is feasible to develop and interpret a body of law that addresses current and emerging challenges in cyber space.

While there is an expanding discussion of the nature of cyber ...


Space Weapons And The Law, Bill Boothby 2017 U.S. Naval War College

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and ...


A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr 2017 Liberty University

A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr

Senior Honors Theses

Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem ...


Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. von der Dunk 2017 University of Nebraska-Lincoln

Space Law And Gnss—A Look At The Legal Frameworks For “Outer Space”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program Faculty Publications

Global Navigation Satellite Systems (GNSS), obviously, make crucial use of satellites operating in an area commonly known as “outer space,” raising issues regarding which specific body of law might rule the operations of such satellite systems. Though the “horizontal” boundary between outer space and the underlying area of airspaces has never been authoritatively defined, it has generally been agreed that those two areas differ fundamentally as to the legal regimes ruling them, giving rise indeed to a specific body of “space law.”


Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist 2017 Brooklyn Law School

Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist

Faculty Scholarship

No abstract provided.


Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan 2017 Penn State Law

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs

No abstract provided.


Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields 2017 Penn State Law

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs

No abstract provided.


Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat 2017 Penn State Law

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs

No abstract provided.


The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer 2017 Penn State Law

The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer

Penn State Journal of Law & International Affairs

No abstract provided.


A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose McDermott 2017 Penn State Law

A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott

Penn State Journal of Law & International Affairs

No abstract provided.


The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown 2017 Penn State Law

The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown

Penn State Journal of Law & International Affairs

No abstract provided.


War In The 21st Century And Collected Works, 2017 Penn State Law

War In The 21st Century And Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.


Newsroom: Rwu Wins Cyber Crime Moot At Ucla 04-24-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Rwu Wins Cyber Crime Moot At Ucla 04-24-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, Barry Kellman 2017 DePaul University College of Law

Targeted Killings—Never Not An Act Of International Criminal Law Enforcement, Barry Kellman

Boston College International and Comparative Law Review

Defenders of targeted killings proffer a straightforward elaboration of military necessity in the context of modern technological capabilities and conclude that killing members of terrorist organizations is legal under international law. In this essay, I assert that targeted killings to combat terrorist threats should not be governed predominantly by the law of war but should be synthesized with widely recognized principles of international criminal justice. Targeted killings are now the only aspect of counter-terrorism policy that operates outside constraints of criminal justice and beyond judicial review. That many people are being killed without anything like due process of law undermines ...


All The News That’S Worth The Risk: Improving Protection For Freelance Journalists In War Zones, Lindsay R. Grossman 2017 Boston College Law School

All The News That’S Worth The Risk: Improving Protection For Freelance Journalists In War Zones, Lindsay R. Grossman

Boston College International and Comparative Law Review

Although war journalism has existed for centuries, changes in the nature of armed conflict and its coverage have put the danger for modern journalists at an all time high. The traditional war correspondent has been replaced in recent years by the independent freelance journalist. While the former receives the full protection and financial backing of his respective news organization and the American military, the latter works on his own, often living in dangerous war zones with little or no training, insurance, or equipment. This new mode of journalism has proved especially dangerous in the current conflict in Syria, where terrorist ...


Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert 2017 Boston College Law School

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...


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