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The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.

Building A Protective Wall Around Terrorists – How The International Court Of Justice's Ruling In The Legal Consequences Of The Construction Of A Wall In The Occupied Palestinian Territory Made The World Safer For Terrorists And More Dangerous For Member States Of The United Nations, Rebecca Kahan

Fordham International Law Journal

Part I of this Note will examine two recent actions in the war against international terrorism: the Israeli plan to build a separation barrier between Israel and the OPT, and the invasion of Afghanistan during Operation Enduring Freedom. Part II will discuss two important deviations by the ICJ from past interpretation of international law that were announced in the advisory proceedings against Israel: a new elucidation by the ICJ regarding principles of judicial propriety and a new analysis of the abilities of States to act in self-defense under Article 51 of the U.N. Charter. Part III will address the impact …

Terrorism - The Definitional Problem, Alex Schmid

Case Western Reserve Journal of International Law

No abstract provided.

Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson

Human Rights & Human Welfare

This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.

According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

War Crimes Memoranda

No abstract provided.

Hazing And Initiation Rites As International War Crimes, John R. Tullio

War Crimes Memoranda

No abstract provided.

The Effect Of The International Covenant Of Civil And Political Rights On The United States Of America, Monica E. Nussbaum

War Crimes Memoranda

No abstract provided.

The Jurisdiction Of Military Commissions Over Those Captured On The Battlefield In Afghanistan And Then Moved To Guantanamo Bay Naval Base For Trial, Beau D. Hollowell

War Crimes Memoranda

No abstract provided.

The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang

War Crimes Memoranda

No abstract provided.

Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.

The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart

Faculty Publications

No abstract provided.

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?

Nations Without States: Political Communities In The Global Age, Montserrat Guibernau

Michigan Journal of International Law

The nation has become one of the most contested concepts of our times. The multifarious definitions of the nation focus on cultural, political, psychological, territorial, ethnic, and sociological principles according to different scholars, politicians, and political activists willing to shed some light into such a disputed term. Their lack of agreement suggests a major difficulty in dealing with such a complex phenomenon. The crux of the matter probably resides close to the link which has been established between nation and State, and to the common practice of using the nation as a source of political legitimacy. To be or not …

Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace

Articles by Maurer Faculty

No abstract provided.

Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters

Articles by Maurer Faculty

A decade after Dayton, Bosnia is a fictive, failed state held together by outsiders' weapons and outsiders' will. All parties recognize that Bosnia's current constitutional dispensation is dysfunctional and are calling for change, but how should the international community respond? In deciding, we should recognize that we may owe Bosnians much, but we owe Bosnia nothing.

This Article argues that traditional self-determination doctrine is unable to justify either further claims for secession from Bosnia or Bosnia's own original secession. It examines the processes used by the international community to frame the dissolution of Yugoslavia and the recognition process for Bosnia, …

The Modern Version Of The Shot Heard 'Round The World: America's Flawed Revolution Against The International Criminal Court And The Rest Of The World, Sasha Markovic

Cleveland State Law Review

At a conference in Rome, nations from around the globe created the International Criminal Court to hold accountable and punish those responsible for genocide, war crimes and crimes against humanity. When the moment of truth arrived for the United States, the United States opposed the formation of the International Criminal Court. Moreover, in response to the existence of the Court, the United States took measures to insulate itself from the jurisdiction of the Court by enacting the American Servicemembers' Protection Act. The United States justified its opposition and actions against the Court by stating that the Court was a fatally …

Foreign And Other Economic Rights Upon Conquest And Under Occupation: Iraq In Comparative And Historical Context, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …

Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro

Vanderbilt Journal of Transnational Law

Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …

The Use Of Force And (The State Of) Necessity, Andreas Laursen

Vanderbilt Journal of Transnational Law

At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …

Citizens Cannot Stand For It Anymore: How The United States' Environmental Actions In Afghanistan And Iraq Go Unchecked By Individuals And Non-Governmental Organizations, Wynne P. Kelly

Fordham International Law Journal

As the U.S. government's reach and responsibilities expand, it remains unclear exactly what, if any, input the general populations of Afghanistan, Iraq, or the United States have on government actions. The environmental needs of the two States have concerned the world enough that the United Nations Environment Program ("UNEP") has published a detailed post-conflict report on Afghanistan ("Afghanistan PCA") and a "Desk Study" of the environment in Iraq ("Iraq Desk Study"). There are four basic ways that citizens can attempt either to enjoin U.S. government environmental action abroad or compel the government to adhere to established regulations and agreements: (1) …

War, Violence, Human Rights, And The Overlap Between National And International Law: Four Cases Before The South African Constitutional Court, Albie Sachs

Fordham International Law Journal

Both violence and international norms on human rights have become globalized. Formerly rigid systems of sovereignty become porous as the enemies and the friends of the rule of law show equal and opposite disregard for State boundaries. Judges in national courts are obliged to put aside their usual textbooks and cases, and open their eyes to legal scholars and commentators like Brownlie and Cassese. Four cases in the ten-year history of South Africa's Constitutional Court have exemplified these points. In each the Court was under pressure because of time--in three because events were unfolding so rapidly, and in one because …

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Compellence: An Empirical Perspective, Michael G. Dziubinski

Graduate Program in International Studies Theses & Dissertations

Compellence, the use of a contingent threat of force to get a target state to modify a behavior, is an understudied area of international relations. An empirical examination of this area reveals patterns of the frequency of attempted compellence and successful compellence that are not explained by current research or broader international relations theories. In the post-World War II period (1946–2001), the pattern is a rapid drop and continued suppression of success, but a continuation of compellence attempts at the historic level. Existing compellence research and international relations theory do not explain this puzzling disparity of low success and continued …

Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell

Journal Articles

To wage war consistently with international law, a national leader must be able to answer at least three questions in the affirmative: Is there a right to resort to force? Is the use of force necessary? If it is necessary, can it be carried out in a way that the cost in terms of human lives, property, and damage to the natural environment will not outweigh the value of resorting to force? If the answer to any of these questions is no, the use of force is unlawful. International lawyers tend to focus on the first question, understandably. Why analyze …

Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch

Scholarly Works

While there are a number of disincentives that prevent states from participating in the nuclear black market, most of these deterrents do not apply to non-state actors. This article focuses on the difficulties this situation presents in a time of global terrorism. The author points out that terrorists already have the money, means and motive to build or purchase nuclear devises. In analyzing this issue the author proposes two options. First, member parties could amend one of all of several existing treaties of the subject. Second, the international community can draft a new treaty or convention on nuclear smuggling and …

Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Law against Genocide: Cosmopolitan Trials by David Hirsh. London: Cavendish/Glasshouse, 2003. 183pp.

Politics And International Justice In A World Of States, J. Peter Pham

Human Rights & Human Welfare

A review of:

War Crimes and Realpolitik: International Justice from World War I to the 21st Century by Jackson Nyamuya Maogoto. Boulder: Lynne Rienner Publishers, 2004. 267 pp.