Digital Commons Network^™

Imputing The Intent Of A Superior To A Subordinate, April Yates

War Crimes Memoranda

No abstract provided.

Combating Impunity For International Crimes, M. Cherif Bassiouni

University of Colorado Law Review

No abstract provided.

Rich And Rare Are The Gems They War: Holding De Beers Accountable For Trading Conflict Diamonds, Lucinda Saunders

Fordham International Law Journal

This Note focuses on the accountability of corporations for indirectly fueling civil wars by purchasing diamonds from insurgent groups. While many corporations are involved in the diamond industry, De Beers controls a majority of the uncut diamond market, including mining, buying, and selling uncut diamonds. Therefore, this Note will analyze whether De Beers may be held liable for knowingly funding war criminals under the Alien Tort Claims Act ("ATCA"). Part I of this Note examines the trade in conflict diamonds in Angola and Sierra Leone and De Beers's involvement in this trade. Part II examines case law developments under the …

Law Through War, David A. Westbrook

Buffalo Law Review

No abstract provided.

Prosecution Of Nazi War Criminals Before Post-World War Ii Domestic Tribunals, Matthew Lippman

University of Miami International and Comparative Law Review

No abstract provided.

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

Prosecuting The "Fog Of War?, Christopher D. Booth

Vanderbilt Journal of Transnational Law

In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …

The Reach Of Icc Jurisdiction Over Non-Signatory Nationals, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A new International Criminal Court (ICC) was created on July 17, 1998 under the Rome Statute adopted by the United Nations Diplomatic Conference on Plenipotentiaries on the Establishment of an International Criminal Court. Under the Statute, the ICC will have jurisdiction over crimes of genocide, certain crimes against humanity, and certain war crimes, leaving the crime of aggression for further definition.

Nonetheless, there are certain preconditions to the exercise of such jurisdictional competence, as noted especially in Articles 12-14 of the Statute. In general, the Court can exercise jurisdiction if a "situation" or case (1) is referred to the Prosecutor …

Information Warfare And Neutrality, George K. Walker

Vanderbilt Journal of Transnational Law

This Article examines Information Warfare--that is, actions taken to affect adversary information and information systems conducted during a crisis or conflict to achieve or promote specific objectives against the adversary. The Article begins with an explanation of the development and structure of the Internet. It then cites examples of the use of information strategies in recent conflicts.

Next, the Article turns to a discussion of the principles of neutrality in the U.N. Charter era. Specifically, the Article examines neutrality in the context of land warfare, naval warfare, aerial warfare, and outer space. Next, the Author discusses application of principles from …

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.

The Search For Constitutional Protection Of Labor Standards, 1924-1941: From Interstate Compacts To International Treaties, Edward C. Lorenz

Seattle University Law Review

Part II of this article will begin by reviewing the growing awareness before 1925 of the crisis in the New England textile industry and the emergence of John Winant as a concerned leader. Part III examines the early effort to confront the decline with new corporate and public policies. Part IV chronicles the pursuit of labor standards through interstate compacts and alternatives. Part V focuses upon joining the ILO and the questions that arose regarding the relationship of conventions to domestic law. Part VI describes the post-World War II attacks on the ILO which undermined, until the 1990s, the United …

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Case Western Reserve Journal of International Law

commentary

The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.

Faculty Scholarship

The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.

International Straits And Transit Passages : Focus On Bosporus And Dardanelles, Cleanthis Orphanos

World Maritime University Dissertations

No abstract provided.

How Is International Human Rights Law Enforced?, Harold Hongju Koh

Indiana Law Journal

Addison C. Harris Lecture, January 21, 1998, Indiana University Law School.

Working Toward A Global Discourse On Children's Rights: The Problem Of Unaccompanied Children And The International Response To Their Plight, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks

Indiana Journal of Global Legal Studies

No abstract provided.

Chapter Iv: Safeguarding Of U.S. National Interests In The Maritime Environment

International Law Studies

No abstract provided.

Chapter Xii: Deception During Armed Conflict

International Law Studies

No abstract provided.

Index (Volume 73)

International Law Studies

No abstract provided.

Chapter Ix: Conventional Weapons And Weapons Systems

International Law Studies

No abstract provided.

Chapter Ii: International Status And Navigation Of Warships And Military Aircraft

International Law Studies

No abstract provided.

Introduction (Volume 73)

International Law Studies

No abstract provided.

Chapter Vii: The Law Of Neutrality

International Law Studies

No abstract provided.

Chapter Xi: Noncombatant Persons

International Law Studies

No abstract provided.

Chapter X: Nuclear, Chemical, And Biological Weapons

International Law Studies

No abstract provided.

Chapter Viii: The Law Of Targeting

International Law Studies

No abstract provided.

Chapter Vi: Adherence And Enforcement

International Law Studies

No abstract provided.

Chapter V: Principles And Sources Of The Law Of Armed Conflict

International Law Studies

No abstract provided.

Chapter Iii: Protection Of Persons And Property At Sea And Maritime Law Enforcement

International Law Studies

No abstract provided.