Digital Commons Network^™

Al-Bihani V. Obama & Congressional Testimony On Targeted Killings: Evaluating Custom As A Source Of Law In The War On Terror, Chester H.L. Hutchinson

Saint Louis University Public Law Review

No abstract provided.

Human Rights And Counterterrorism: A Contradiction Or Necessary Bedfellows?, Amos N. Guiora

Georgia Law Review

Ten years after the 9/11 terrorist attacks, questions
remain regarding the relationship between human rights
and counterterrorism. The historical track record of the
Executive Branch, Supreme Court, and Congress in this
vein is troubling. While the contradiction suggested in
this Essay's title need not be the case, it is, nevertheless,
the persistent reality in American history.
This Essay assesses the current relationship between
human rights and counterterrorism. In doing so, it
reflects on wartime measures implemented by presidents
throughout U.S. history and recommends a way forward
that facilitates more effective protection of human rights

without impinging on legitimate national security …

If Female, Skip To Question #23, James Santiago

University of Michigan Journal of Law Reform Caveat

The requirement that only men register with the Selective Service System is in need of reform for many reasons. One reason that has largely been unexplored is the public’s disconnect with the military and the recent wars in Iraq and Afghanistan. Women are actively engaged in those wars in our all-volunteer force, but women are not required to register with the Selective Service. Failure to register can have tremendous legal consequences for men, such as ineligibility for student loans with an answer of “no” to question #22 on the Free Application for Federal Student Aid (FAFSA). There are many consequences …

The Evolution Of Law And Policy For Cia Targeted Killing, Afsheen John Radsan

Faculty Scholarship

Many critiques of the Central Intelligence Agency’s alleged use of killer drones depend on law that does not bind the United States or on contestable applications of uncertain facts to vague law. While acknowledging a blurry line between law and policy, we continue to develop a due process for targeted killing. In the real world, intelligence is sometimes faulty, mistakes occur, and peaceful civilians are at risk. International humanitarian law, which applies during armed conflicts, demands very little in the way of process beyond the admonition to take feasible precautions. Even so, the intelligence-driven nature of targeted killing, and the …

Serving Two Masters: Military Aircraft Commander Authority And The Strategic Airlift Capability Partnership's Multinational Airlift Fleet, Christopher M. Petras

Journal of Air Law and Commerce

No abstract provided.

Introduction: Targeting In An Asymmetrical World, D. A. Jeremy Telman

Valparaiso University Law Review

No abstract provided.

Direct Participation In Hostilities As A War Crime: America's Failed Efforts To Change The Law Of War, David J. R. Frakt

Valparaiso University Law Review

No abstract provided.

Taking Distinction To The Next Level: Accountability For Fighters' Failure To Distinguish Themselves From Civilians, Laurie R. Blank

Valparaiso University Law Review

No abstract provided.

Lex Lacunae: The Merging Laws Of War And Human Rights In Counterinsurgency, Iain D. Pedden

Valparaiso University Law Review

No abstract provided.

Space Warfare In The Here And Now: The Rules Of Engagement For U.S. Weaponized Satellites In The Current Legal Space Regime, Jameson W. Crockett

Journal of Air Law and Commerce

No abstract provided.

Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel

Nevada Law Journal

No abstract provided.

Traditions And Belligerent Recognition: The Libyan Intervention In Historical And Theoretical Context, Sam F. Halabi

Faculty Publications

On February 26 and March 17, 2011, the U.N. Security Council adopted two resolutions authorizing sanctions, referral to the International Criminal Court and military intervention to protect civilians during the Libyan Civil War. Despite these rapid and well-supported interventions, France decided, on March 10, 2011, to recognize the largely anonymous and poorly understood National Transitional Council based in the eastern city of Benghazi as the legitimate representative of the Libyan people. The move both confused its allies and raised a number of legal problems for France, Libya and participants in the multilateral intervention. Nevertheless, Italy, Qatar, the United States, the …

Responses To The Five Questions, Charles J. Dunlop Jr.

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, Harvey Rishikof, Bernard Horowitz

William Mitchell Law Review

No abstract provided.

Targeted Strikes: The Consequences Of Blurring The Armed Conflict And Self-Defense Justifications, Laurie R. Blank

William Mitchell Law Review

No abstract provided.

International Humanitarian Law Of Armed Conflict: A Critical Annotated Bibliography For Collection Development, Madeline Cohen

Publications and Research

This article is an annotated bibliography of selected monographs published from 2001 through 2012 in the fields of International Humanitarian Law of Armed Conflict (Laws of War) and International Human Rights Law. The aim is to provide a collection development guide for librarians and scholars in this area of international law. Key topics that are covered are: Internal conflicts, asymmetric warfare, laws of war, humanitarian intervention, treatment of insurgents, non-international armed conflict, targeted killings, terrorism, drones, robotics.

Rightly Dividing The Domestic Jihadist From The Enemy Combatant In The “War Against Al-Qaeda” – Why It Matters In Rendition And Targeted Killings, Jeffrey F. Addicott

Faculty Articles

The United States must be able to distinguish between common criminals and unlawful enemy combatants and then apply the appropriate rule of law to each category with unabashed clarity.

The confusion associated with comprehending fundamental legal concepts associated with how America conducts the "War on Terror" centers around the unwillingness of the U.S. government to properly distinguish al-Qaeda unlawful enemy combatants from domestic jihadi terrorists. Instead, the terms "domestic terrorist," "domestic jihadist," or just "terrorist," are frequently employed to describe all categories of actors--unlawful enemy combatants as well as common criminals--leaving both domestic and international audiences puzzled as to what …

One Language, Many Realities: An Interpretation Of Language, Law, And Section 215(A)(3) Of The Fair Labor Standards Act, Julie L. Newman

Saint Louis University Law Journal

No abstract provided.

Sow What You Reap? Using Predator And Reaper Drones To Carry Out Assassinations Or Targeted Killings Of Suspected Islamic Terrorists, Thomas M. Mcdonnell

Elisabeth Haub School of Law Faculty Publications

This article explores whether targeted killing of suspected Islamist terrorists comports with international law generally, whether any special rules apply in so-called “failed states,” and whether deploying attack drones poses special risks for the civilian population, for humanitarian and human rights law, and for the struggle against terrorism. Part I of this article discusses the Predator Drone and its upgraded version Predator B, the Reaper, and analyzes their technological capabilities and innovations. Part II discusses international humanitarian law and international human rights law as applied to a state’s targeting and killing an individual inside or outside armed conflict or in …

Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert H. Sloan

Vanderbilt Journal of Entertainment & Technology Law

When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors website advertising as closely as possible to individual interests. The vast majority of consumers want considerably more control over our information. Consumers nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data …

Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.

First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …

The South Of The North: Building On On Critical Approaches To International Law With Lessons From The Fourth World, Amar Bhatia

Articles & Book Chapters

As both practice and discipline, international law has been the subject of serious and sustained internal and external critiques since its inception. In fact, the "inception" of international law itself has been the subject of serious and sustained critique for some time now. This debate is of special relevance for Indigenous peoples, most of whom suffer from a double burden in international law, as they are neither Europeans nor dominant political actors within the states whose borders now contain and divide their traditional territories. Apart from the changing role, place, and agency of Indigenous peoples in international law and fora …

Patents Fettering Reproductive Rights, Scott A. Allen

Indiana Law Journal

No abstract provided.

Responses To The Five Questions: Thoughts After A Decade, A. Mark Weisburd

Faculty Publications

No abstract provided.

Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott

Book Chapters

When is it appropriate to apply the term ‘slavery’—a concept that appears to rest on a property right—to patterns of exploitation in contemporary society, when no state extends formal recognition to the possibility of the ownership of property in a human being? Historians, who generally position themselves as enemies of anachronism, may be particularly resistant to the use of an ancient term to describe a twenty-first century reality. And jurists have often been understandably reluctant to employ a word whose historical meaning was so closely tied to a specific property relationship that has long since been abolished in Europe and …

Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston P. Nagan, Aitza M. Haddad

UF Law Faculty Publications

This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …

Owning Laura Silsby’S Shame: How The Haitian Child Trafficking Scheme Embodies The Western Disregard For The Integrity Of Poor Families, Shani M. King

UF Law Faculty Publications

Using the Laura Silsby Haitian adoption case as a window into child placement schemes that affect poor families, this Article proceeds in four parts. Part I tells the story of the Silsby case and shows how the idea of rescuing poor Haitian children became the narrative that ultimately excused Silsby’s decision to move Haitian children who were not orphans across the border to the Dominican Republic. Part II describes the development of intercountry adoption (ICA) as a means of “saving” poor children and explains how the strength of this rescue narrative feeds illicit child trafficking schemes. Part II also explores …

The Constitution In Times Of National Crisis: Contextualizing Post- September 11 Constitutional Ramifications, Julia L. Ernst

North Dakota Law Review

No abstract provided.

Ten Years After 9/11: The Changing Terrorist Threat, Kenneth Anderson, Michael Leiter, John Carlin, Ivan Fong, Daniel Marcus, Stephen Vladeck

Presentations

On September 8, 2011, the American University National Security Law Brief and the Law and Government Program at American University’s Washington College of Law hosted a candid discussion on the changes throughout the American legal system in the 10 years since the tragic September 11th attacks. The event featured a keynote address from Michael Leiter, Director of the National Counterterrorism Center from 2007-2011, followed by a panel discussion with John Carlin, Principal Deputy to the Assistant Attorney General of the Department of Justice’s National Security Division; Ivan Fong, General Counsel at the Department of Homeland Security; Stephen Vladeck, Professor of …

Letter From The Editor, Billy Joyner

American University National Security Law Brief

No abstract provided.