Digital Commons Network^™

The President's Unconstitutional Treatymaking, David H. Moore

Faculty Scholarship

The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …

The Status Of Private Military Contractors Under International Humanitarian Law, Won Kidane

Faculty Articles

One of the serious problems that the new administration faces is undoubtedly the regulation and use of private military contractors in "the war on terror." The private military industry is largely unregulated at the national level. Its status under international law is also poorly understood. This article assesses the legal status of this industry, characterizes the various functions, demonstrates the difficulty of regulating the industry as a unitary entity, and identifies the appropriate set of international standards that the new administration and Congress as well as the larger international legal community could employ in evaluating regulatory options.

The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane

Faculty Articles

The contemporary threat of terrorism that the Western world faces is primarily from so-called “aliens.” As such, the laws that are meant to combat terrorism necessarily involve the regulation of the admission and exclusion of aliens. This type of regulation is traditionally the purview of immigration law. Although the link between national security and immigration is by no means contemporary, the existing level of intersection between antiterrorism laws and immigration is essentially a post- 9/11 phenomenon.

The reason for this phenomenon is that the 9/11 attacks were planned and executed by aliens. Although there has not been a terrorist attack …

Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart

All Faculty Publications

Pillage means theft during war. Although the prohibition against pillage dates to antiquity, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for the pillage of natural resources. And yet modern commercial actors are seldom held accountable for their role in the illegal exploitation of natural resources from modern conflict zones, even though pillage is prosecuted as a matter of course in other contexts. This book offers a doctrinal road-map of the law governing pillage as applied to the illegal exploitation of natural resources by …

The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman

Faculty Scholarship

This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of …

Security Council Resolution 1820: An Imperfect But Necessary Resolution To Protect Civilians From Rape In War Zones, Melissa Goldenberg Goldstoff

Cardozo Journal of Equal Rights & Social Justice

The note examines the significance and limitations of UN Security Council Resolution 1820, which recognizes rape as a war crime and a threat to international security. While the Resolution is a crucial step forward in protecting women during armed conflicts, it is argued to be imperfect due to its incomplete implementation mechanisms and potential to undermine earlier resolutions like Resolution 1325, which emphasizes women's roles in peace-building.

Why Do States That Oppose Nuclear Proliferation Resist New Nonproliferation Obligations?: Three Logics Of Nonproliferation Decision-Making, Andrew Grotto

Cardozo Journal of International and Comparative Law

Why do states that oppose nuclear proliferation resist initiatives to strengthen the nonproliferation regime? There is virtually universal support for the basic principle of nonproliferation - all countries but four are states-party to the Non-Proliferation Treaty (NPT). Yet enthusiasm among NPT parties for proposals to strengthen the nonproliferation regime varies widely even as new challenges highlight dangerous gaps in the regime.

There is something approaching consensus among scholars and policy-makers that many states resist proposals to strengthen the nonproliferation end of the NPT bargain largely because America and other nuclear-weapon states haven't made satisfactory progress towards nuclear disarmament. I suggest …

Lawfare: A Rhetorical Analysis, Tawia Baidoe Ansah

Faculty Publications

This Article offers arhetoricalanalysis of the term "lawfare. " It examines the term within the context of its historical genesis, and reviews its evolving definition. Drawing upon insights from non-legal disciplines, the Article argues that rhetorically, "lawfare" indicates alternative and critical ways to think of law in relation to war.

Foreward: Lawfare!, Michael P. Scharf, Shannon Pagano

Case Western Reserve Journal of International Law

No abstract provided.

The Curious Career Of Lawfare, Wouter G. Werner

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare Or Strategic Communications?, Gregory P. Noone Dr.

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare: A Rhetorical Analysis, Tawia Ansah

Case Western Reserve Journal of International Law

No abstract provided.

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Case Western Reserve Journal of International Law

No abstract provided.

On Legal Subterfuge And The So-Called "Lawfare" Debate, Leila Nadya Sadat, Jing Geng

Case Western Reserve Journal of International Law

No abstract provided.

The Dangers Of Lawfare, Scott Horton

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare: Where Justice Meets Peace, James Ogoola Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare And International Tribunals: A Question Of Definition: A Reflection On The Creation Of The "Khmer Rouge Tribunal", Robert Petit

Case Western Reserve Journal of International Law

No abstract provided.

Whose Lawfare Is It, Anyway?, David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.

Illustrating Illegitimate Lawfare, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

Finding Facts But Missing The Law: The Goldstone Report, Gaza And Lawfare, Laurie R. Blank

Case Western Reserve Journal of International Law

No abstract provided.

Gaza, Goldstone, And Lawfare, William A. Schabas

Case Western Reserve Journal of International Law

No abstract provided.

The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare And U.S. National Security, Orde F. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

Lawfare And The Definition Of Aggression: What The Soviet Union And Russian Federation Can Teach Us, Christi Scott Bartman Dr.

Case Western Reserve Journal of International Law

No abstract provided.

The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel

Case Western Reserve Journal of International Law

No abstract provided.

Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir

Case Western Reserve Journal of International Law

No abstract provided.

The Knight's Code, Not His Lance, Jamie A. Williamson

Case Western Reserve Journal of International Law

No abstract provided.

Carl Schmitt And The Critique Of Lawfare, David Luban

Case Western Reserve Journal of International Law

No abstract provided.

Portraits Of Women At Nuremberg, Diane Marie Amann

Scholarly Works

This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.

Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.

Faculty Scholarship

Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning as ideologically neutral description of how law might be used in armed conflict. It emphasizes that although law may be manipulated by some belligerents for nefarious purposes, it can still serve to limit human suffering in war. In discussing the current state of the concept of lawfare, the essay reviews several contentious areas, and recognizes the concerns of critics. The paper concludes that lawfare is still a useful term, and is optimized when it is …