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Proportionality: Can’T Live With It But Can’T Live Without It, Geoffrey S. Corn

International Law Studies

Perhaps no other word in the international humanitarian law lexicon evokes more interest and emotion than proportionality. How States implement the rule of proportionality is perhaps the most hotly debated aspect of international humanitarian law. The indeterminate nature of the rule allows for its meaning to conform to whatever its reader wants it to mean. This is a consequence of the variables related to key provisions of the rule: How do we assess military advantage? What makes an anticipated military advantage “concrete and direct”? And most problematic of all, what is the meaning of the term “excessive”? All of these …

Artificial Intelligence And The Law: A Discussion And Selections From The Collection, Wolf Law Library, William & Mary Law School

Library Book Displays

On display in the Wolf Law Library August 2025 - January 2026.

Memorandum Regarding Ireland’S Proposal To Revise The Meaning Of Genocide Under International Law, Menachem Z. Rosensaft

Cornell Law Faculty Working Papers

Ireland’s new and far-reaching proposal regarding the suggested construction of the crime of Genocide contained in its Declaration of Intervention (Intervention) in the case brought by South Africa against the State of Israel (and echoed in its identical intervention at the same time in The Gambia v. Myanmar) in the International Court of Justice (ICJ) under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) runs counter to almost 80 years of established law and principle regarding genocide.

In announcing its intention to intervene in the case against Israel, Ireland’s government in a statement …

Report Of The Special Rapporteur On The Implications For Human Rights Of The Environmentally Sound Management And Disposal Of Hazardous Substances And Wastes, Marcos Orellana - Military Activities And Toxics, Marcos Orellana

PEEL Faculty Scholarship

Implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

Note by the Secretary-General

The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, in accordance with Human Rights Council resolution 54/10.

Sparing The Gory Details: Legal And Social Inertia And The Refusal To Confront The Body In Pregnancy, Francesca Laguardia

Northwestern Journal of Law & Social Policy

Health, including pain, suffering, blood, and guts, has always played an outsized role in legal and public analysis of abortion. Since the overturning of Roe v. Wade, the health implications of forced childbirth have returned to the public’s attention, as evidenced by prevalent health exceptions to abortion bans, legal actions in regard to those bans and exceptions, public attention to those cases, and public opinion polling. Recent, highly publicized cases of medical emergencies associated with pregnancy could be expected to reinvigorate a public exploration of the health risks of pregnancy, but the public has consistently refused to acknowledge the full …

Up In Smoke: How Recent Court Rulings Have Torched Big Tech’S Litigation Strategy And Why It Matters, David Earl Wietlispach

Nebraska Law Bulletin (Selected Issues)

As the title of this paper suggests, there are parallels between what happened to Big Tobacco and what could happen to Big Tech should its litigation strategy fail. Big Tech, like Big Tobacco before it, could stand to lose billions of dollars in judgments and settlements. More importantly, regulations—if allowed to take root—could upend Big Tech’s platform business model. Either outcome, or both, could fundamentally rewrite the relationship between Big Tech and its users. If Big Tech’s litigation strategy truly goes up in smoke, these colossal corporations could find themselves in a magnificent mess.

Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon

Journal of Dispute Resolution

The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.

Interview Of Naomi Cahn, June Carbone & Nancy Levit, Naomi Cahn, June Carbone, Nancy Levit, Claire Hill, Matthew T. Bodie

Minnesota Journal of Law & Inequality

No abstract provided.

When Money Isn't Money: The Second Circuit's Gutting Of The Discharge-For-Value Defense For Erroneous Payments, Jeanne L. Schroeder

Articles

No abstract provided.

Challenges In The Enforcement Of International Legal Framework Against Child Soldiering, Shedrack Ekpa, Daniel Friday Atidoga

Indonesian Journal of International Law

The war crime of child soldiering has contagiously blossomed, necessitating the application of several prohibitive legal standards for its extermination. As the impact of this heinous and atrocious crime soars, the multi-dimensional scope for the protection against child soldiering becomes more sternly entrenched. This article aims to interrogate this global and worrying phenomenon in the light of existing international legal framework. Alhough doctrinal in nature, this article relies on both primary and secondary sources of data. It was found that despite the high retinue of prohibitive norms as stipulated in various legal instruments, the war crime of child soldiering has …

The Digital Battlefield: Safeguarding Military Drones Against Cyberattacks, Jason Ashong, Arun Venkitanarayanan, Benjamin Yankson

Military Cyber Affairs

The Internet of Battlefield Things (IoBT) is an advanced network of interconnected devices that significantly enhance military operations through real-time data exchange and situational awareness. While IoBT offers tactical advantages like improved surveillance, reconnaissance, and operational effectiveness, it also introduces substantial cybersecurity risks. Adversaries can exploit vulnerabilities within these networks, potentially compromising mission integrity and national security. This research examines the cybersecurity measures of commercial drone controllers and their correlation with military devices. It aims to enhance future vulnerability assessments with advanced tools and approaches to better secure critical military operations. The study highlights the need for robust security architectures …

Using Blockchain Technology To Help Secure America's Defense Critical Infrastructure, Vimal Buck, Aerin Krebs, Brynn Hillard, Jakob Gerha, Joseph Lutma, Srikar Maduposu, Ted Allen

Military Cyber Affairs

Critical water infrastructure in the United States faces increasing cybersecurity threats from state-sponsored actors, with potentially devastating consequences for national security, economic stability, and public health. (Cybersecurity and Infrastructure Security Agency, 2025). This infrastructure supports defense critical assets and is actively being targeted by various state-sponsored hacking groups, which poses a major concern for civilians and military alike. K. Herath (personal communication, February 24, 2025) reported being aware of two attacks on Ohio water systems during his tenure as Cybersecurity Strategic Advisor to Ohio Governor Mike DeWine.

Water is essential to everyday life and defense and presents as a high-value …

Quantifying Adversary Military Forces’ Susceptibility To Cognitive Attacks, Bonnie Rushing, Cole Nelson, Shouhuai Xu, Christofer “Raven” O’Keefe, Olga Karpoyan

Military Cyber Affairs

This paper introduces a method to quantify international populations’ susceptibility to cyber cognitive attacks using press freedom and media trust metrics. We present the Cognitive Influence Calculator, a tool that estimates susceptibility (𝑆) based on Press Freedom Scores (PFS) and media trust levels. Findings show that while authoritarian regimes are harder to reach, successful cognitive attacks have greater impacts due to higher trust in state-controlled narratives. Using U.S. wargaming data and international trust metrics, we compute susceptibility scores for the U.S., Russia, China, Iran, and North Korea. Results show an inverse relationship between PFS and media susceptibility, with local/allied …

Understanding Russia’S Cyber Policies, Strategies, And Doctrines, Bryan Hancock, Hanh Nguyen, Olga Karpoyan, Ekzhin Ear, Shouhuai Xu

Military Cyber Affairs

This study analyzes the strengths and weaknesses of Russia’s cyber policies, strategies, and doctrines through a systematic set of attributes, leading to key insights: (i) Russia has proactively adapted its cyber policies, strategies, and doctrines to its evolving environment; (ii) Russia actively conducts cognitive warfare, but remains equally vulnerable to it; and (iii) Russia’s cyber posture faces significant challenges, including a limited technological base, shortage of skilled personnel, and restrictive approach to information control, all of which undermine the effectiveness of its strategies. These insights offer valuable implications for US Cyber Command and the Department of Defense.

Artificial Intelligence And Autonomous Systems In Warfighting At Sea, Nicholas Kadlec

International Law Studies

Much of the debate surrounding the military use of artificial intelligence (AI) tends to focus on lethal autonomous weapons systems. Those are systems that, once activated, can select and engage targets without further human intervention; sometimes pejoratively called “killer robots.” Moreover, debates often focus on their use and risks in land warfare. This land-warfare focus tends to invoke questions about the systems’ ability to distinguish between combatants and civilians on urban battlefields and the potential for mistakes. Legal debates about the lawfulness of AI and lethal autonomous weapons systems in warfare similarly tend to focus on land warfare and thus …

The Case For A Federal Data Privacy Law From A National Security Perspective - What The U.S. Can Learn From Overseas, Theodore H. Massey Iii

Student Journal of Information Privacy Law

The collection of personal data in the private sector has grown exponentially over the years, leading to an exponential growth in the theft and the purchase of personal data by criminals and foreign adversaries. While the United States has implemented EO 14117 and the Protecting Americans’ Data from Foreign Adversaries Act of 2024 to protect against the inherent national security risks associated with data privacy, the United States must create an omnibus federal privacy law if it wishes to mitigate the national security risk. This paper introduces the reader to the increase in personal data collected by private organizations and, …

Artificial Intelligence In Surveillance And Privacy, Elizabeth D. Brasher

NEXUS: The Liberty Journal of Interdisciplinary Studies

This paper attempts to provide insight into the new and developing world of artificial intelligence and its integration into surveillance technologies. These technologies being implemented by the government, retail companies, healthcare organizations, and more, all raise ethical questions and implications addressed in this article; other topics, such as the integration of Christian ethics and responsibilities, are also explored.

Parameters Summer 2025, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Summer 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific Challenges, Russia-Ukraine Issues, and Historical Studies).

A More Perfect Peace: Can The Russia-Ukraine War End Justly?, Nathaniel B. Davis, Marlon A. Thomas

The US Army War College Quarterly: Parameters

This article argues that thinking creatively about war termination, both philosophically and politically, utilizing jus post bellum principles and counterintuitive political trade-offs, reveals an opportunity to achieve a sustainable peace that approximates justice. The article surveys how war aims among belligerents have changed, indicating that further change is possible, particularly at the point of war termination. Next, the article examines jus post bellum principles and their application to the Russia-Ukraine War. Finally, the article contends that Ukraine relinquishing Crimea and the Donbas in exchange for NATO membership might be the key to achieving a durable peace that addresses long-term security.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

China’S Role In A Future Korean War, Jake Rinaldi

The US Army War College Quarterly: Parameters

This article argues that China’s intervention in a Korean conflict will hinge more on North Korea’s ability to hold territory than on bilateral ties. Rather than treat Chinese intervention as a yes-or-no proposition, this study models three scenarios—full intervention, sustained support, and limited support—based on North Korean resilience. Using Chinese-language sources and scenario-based analysis, it assesses how each model would shape key functional areas such as ISR, cyber, materiel, and force posture. The findings offer US defense planners a framework for anticipating variable People’s Liberation Army involvement in a future Korea contingency.

The Next National Defense Strategy: Mission-Based Force Planning, Frank G. Hoffman

The US Army War College Quarterly: Parameters

The Pentagon needs to embrace a new methodology called mission-based planning to size and shape the defense enterprise properly. This article critiques several proposals for reestablishing the long-standing two major theater war construct in the face of ongoing shifts in the strategic environment, including the nation’s $36 trillion debt and prospects of annual interest payments beyond $1 trillion. It presents a mission priority alternative focused on strategic prioritization based on the authors’ four decades of experience in strategy/force planning at the service, the department, and the Office of the Secretary of Defense levels. Strategic-level service planners and students of Joint …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

Sovereignty Vs. Humanity: The Evolution Of International Law In Civil And Colonial Wars And Modern Implications, Dr. Noam Zamir

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant

Undergraduate Theses, Capstones, and Recitals

This thesis examines the relationship between human trafficking and genocide, arguing that when trafficking is used with the intent to destroy a targeted group, it should be understood and prosecuted as an act of genocide. While international law traditionally treats genocide and human trafficking as distinct crimes, historical and contemporary evidence reveals significant overlap in their mechanisms, motivations, and outcomes. Through a thematic analysis of three case studies, this research demonstrates how trafficking has been systematically employed to further genocidal objectives, including displacement, exploitation, cultural erasure, and the destruction of communities. The case studies are the genocide of Indigenous peoples …

Cosmic Force: A Framework For Applying The Prohibition Of The Use Of Force In Outer Space, Erin Pobjie

International Law Studies

Outer space is becoming increasingly contested and existing approaches to identifying prohibited force in outer space lack a systematic foundation, hindering their application to novel challenges such as temporary interference with critical satellites or threats involving commercial space actors. This article addresses this gap by developing the first comprehensive, multifactorial legal framework for identifying a prohibited use of force in outer space. This framework provides a structured method for analyzing non-kinetic actions, temporary effects, and persistent hazards like space debris. It fundamentally advances existing legal approaches in three ways. First, it establishes when States can be implicated in a violation …

Securing Americans' Genetic Information: Privacy And National Security Concerns Surrounding 23andme's Bankruptcy Sale. Hearing Before The House Committee On Oversight And Government Reform, United States House Of Representatives, 119th Congress, First Session., Margaret Hu

Congressional Testimony

No abstract provided.

Human Rights And Foreign Policy: South Africa's Genocide Complaint Against Israel At The International Court Of Justice, Penelope Andrews

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

No abstract provided.

"I'M Guilty, But I'M Not A War Criminal!": Fixing Treaty Crimes, Dyllan M. Taxman

Duke Journal of Constitutional Law & Public Policy

This Article examines the Supreme Court's test for treaty crime constitutionality against the gauntlet of time and application. Treaty crimes are criminal behavior violating statutes penalizing private individuals for disobeying the terms of an international treaty obligation. The current treaty crime test from Bond v. United States has produced inconsistent results resting on shaky constitutional grounds. This Article proposes a new test relying on constitutional delegations of authority and treaty drafting history to determine when a treaty crime statute violates the Tenth Amendment. It measures the new test's effectiveness by applying the test to cases in which the Bond test …