Digital Commons Network^™

International Law: Blaming Big Brother: Holding States Accountable For The Devastation Of Terrorism, Sarah E. Smith

Oklahoma Law Review

No abstract provided.

The Peace And Security Council Of The African Union: The Known Unknowns, Jeremy I. Levitt

Journal Publications

The protocol establishing the Peace and Security Council of the African Union (AUPSC Protocol) will likely come into force in 2004 and will serve as the continent's first continent-wide, regional, collective security system. This article examines how African states chose to evolve the African Union regional collective security system. Particular attention is devoted to the concept of conflict management through military intervention in the AUPSC Protocol and relevant constitutive acts of African regional organizations. The first section analyzes key provisions of the Protocol. The second section contemplates the impact of the Protocol once it enters into force and the main …

The Trial Of Saddam Hussein: What Kind Of Court Should Prosecute Saddam Hussein And Others For Human Rights Abuses, Justice Richard Goldstone

Fordham International Law Journal

The capture of Saddam Hussein alive is of course a cause for rejoicing. His crimes were massive. He left hundreds of thousands of victims in Iraq; the Shiites who dared to oppose him, the Kurds against whom he committed a most terrible genocide. The question now and the subject of this talk is what to do in order to bring him justice. Having captured him and some of his chief lieutenants, how should they be brought to justice? Broadly speaking, there are four options. The first is a wholly domestic trial in Baghdad before Iraqi judges. The second option would …

The Just War Ethic In International Law, Joseph C. Sweeney

Fordham International Law Journal

To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …

Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.

Articles

No abstract provided.

Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook

Journal Articles

No abstract provided.

An International "Truth Commission": Utilizing Restorative Justice As An Alternative To Retribution, Carrie J. Niebur Eisnaugle

Vanderbilt Journal of Transnational Law

A restorative justice paradigm emphasizes healing relationships between offenders, their victims, and the community in which the offense took place. It rejects retribution as a response to crime, focusing instead on the needs of all parties involved. This Note discusses the necessity for, and possible benefits of, using restorative justice principles when responding to international crimes and conflicts. Prosecution, war, and other violent means remain the most common responses to crime and conflict today. Such retributive reactions often lead to further violence rather than healing and peace. Using restorative justice principles to address crime and conflict, as was done in …

How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai

Vanderbilt Journal of Transnational Law

In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.

This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …

International Criminal Law Aspects Of The War Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the International Criminal Court Review Conference in 2009. The proper disposition of criminal cases against terrorists is linked to the deeper disputes regarding the applicability of the established frameworks for regulating conflicts and the status of those who have no lawful right to wage war, yet choose to conduct hostilities against sovereign states. This article assesses the established frameworks for addressing transnational terrorist acts in which the …

Towards A Single Definition Of Armed Conflict In International Humanitarian Law: A Critique Of Internationalized Armed Conflict, James G. Stewart

All Faculty Publications

The strict division of international humanitarian law into rules applicable in international armed conflict and those relevant to armed conflicts not of an international nature is almost universally criticized. Even though attempts to abandon the distinction were made at every stage of negotiation of the Geneva Conventions and their Protocols, calls for a single body of international humanitarian law have since died out. This article revives those calls by highlighting the inadequacies of the current dichotomy’s treatment of internationalized armed conflicts, namely, armed conflicts that involve internal and international elements. It concludes that the law developed to determine this “internationalization” …

Personal Reflections On Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.

A View From The Trenches: The Special Court For Sierra Leone - The First Year, Bruce M. Mackay

Case Western Reserve Journal of International Law

No abstract provided.

A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

The Least Dangerous Branch: Six Letters From Publius To Cato In Support Of The International Criminal Court, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.

Justice And Peace, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Faculty Publications

In August of 2000, the Report of the Panel on United Nations Peace Operations (the “Brahimi Report”) considered the issue of transitional civil administration as an element of United Nations field operations. The Brahimi Report recommended the creation of an interim legal code as part of a U.N. justice package so that any future UN transitional administrations would be able to address the issue of “applicable law” in the early stages of its mission. Using the experience of the United National Transitional Administration in East Timor (UNTAET) as a case study, this article establishes how and why a complete model …

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

The American Influence On International Arbitration, Roger P. Alford

Journal Articles

It is indisputable that the international arbitration world is an identifiable epistemic community that transcends national borders, and whose members are shaped by their own experience. Increasingly, that experience reflects an American influence, be it heritage, training, affiliation, or client base. In these remarks, Professor Alford addresses three issues related to the Americanization of international arbitration. The first is whether international arbitration has, in fact, only recently become Americanized. He posits instead that there is always an ebb and flow to the level of the United States' involvement in international arbitration. During the drafting and signing of the 1958 New …

Facing Tyranny With Justice: Alternatives To War In The Confrontation With Iraq, George Bisharat

Faculty Scholarship

No abstract provided.

Befogged Vision: International Environmental Governance A Decade After Rio, Nicholas A. Robinson

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction (Volume 77)

International Law Studies

No abstract provided.

Full Volume 77: Lillich On The Forcible Protection Of Nationals Abroad

International Law Studies

No abstract provided.

Appendix B: A History Of United States Navy Regulationsgoverning The Use Of Force To Protect Thelives And Property Of Nationals Abroad (Volume 77)

International Law Studies

No abstract provided.

Chapter Iv: Contemporary Case Studies Of United Statesforcible Protection Of Nationals Abroad

International Law Studies

No abstract provided.

Hamoked V. Commander Of The Idf Forces In The West Bank, Aharon Barak, Dorit Beinisch, Izhak Englard

Translated Opinions

Beginning in September of 2000, there was an increase in Palestinian terrorist activity against the Jewish community in Judea and Samaria, the Gaza Strip, and within Israel itself.  Hundreds were killed and wounded.  In reaction, the army initiated military activities.  Hundreds of Palestinians were killed and wounded.  Terrorist activity intensified in the beginning of 2002.  In March of that year there was an increase of Palestinian terrorist activity.  Approximately one hundred and twenty Israeli civilians were killed and hundreds were wounded.  In response to the terrorist activity, the government decided, on 29.03.2002, to carry out a large-scale military operation.  The …

Barake V. Minister Of Defense, Aharon Barak, Dorit Beinisch, Theodor Or

Translated Opinions

Facts: This petition was submitted during IDF operations against the terrorist infrastructure in the areas of the Palestinian Authority. (“Operation Defensive Wall.”) Petitioners requested that the IDF be ordered to cease checking and removing the bodies of Palestinians that had been killed during the course of warfare in the Jenin refugee camp. Petitioners also requested that the IDF be ordered not to bury those ascertained to be terrorists in the Jordan valley cemetery. Petitioners request that the tasks of identifying and removing the bodies be the responsibility of medical teams and the Red Cross. Petitioners also request that the families …

The Law Of Nations And The Offenses Clause Of The Constitution: A Defense Of Federalism, Michael T. Morley

Scholarly Publications

No abstract provided.

Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach

William & Mary Environmental Law and Policy Review

No abstract provided.