Digital Commons Network^™

The Unique And Protected Status Of Hospital Ships Under The Law Of Armed Conflict, D.L. Grimord, G.W. Riggs

International Law Studies

No abstract provided.

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Rethinking Yamashita: Holding Military Leaders Accountable For Wartime Rape, Joshua H. Joseph

ExpressO

This note explores the current controversy over the proper international standard for punishing commanders whose subordinates have committed rape, and examines the interplay between the nature of rape, the underlying theories of command responsibility, and an international legal system that has failed to produce fruitful results. The note contends that the continued occurrence of rape in times of war results in large part from the international community’s reluctance to punish high-level military officials who neither physically perpetrated the crime, were not present at the crime scene, and did not necessarily order rape.

The note proposes a slight expansion of the …

New Heights Of Combat—Yesterday’S Scientific Fantasies, Today’S Technological Possibilities: Weaponisation Of Outer Space, Jackson N. Maogoto

ExpressO

This Article focuses on militarization and weaponization of space. Militarization of space occurred many decades ago. The contemporary concern is weaponization of space; that is, the introduction of new futuristic weapons into the space environment. The Article argues that the quantum leaps by China’s space program (set to outpace Russia’s cash strapped program) may herald the dawn of a new Cold War and a heated arms race with the United States as China seeks to underwrite its regional pre-eminence with military might. The Article highlights the fact that the international Space Law regime now has a new game in the …

Watching The Watchdogs: Holding The Un Accountable For International Humanitarian Law Violations Of The ‘Blue Helmets’, Jackson N. Maogoto

ExpressO

The political climate is ripe for the United Nations system to successfully and effectively provide global collective security. Now that relations have improved between the ‘East’ and ‘West’ the United Nations will indeed be able to broaden its role, and perhaps operate to its full capacity - to call into being the ‘New World Order,’ characterised by a Security Council able to respond swiftly and effectively to aggression and massive human rights violations through ‘police action’. However the significant and documented international humanitarian law violations by UN forces in the 1990s has raised the stakes. Thrice in the last decade …

The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling

ExpressO

Private Military Companies (PMCs) are civilian staffed corporations that provide military (and law enforcement) services, logistics, and support under contract to a government both inside and outside the country’s borders. Prior to Congress passing the Military Extraterritorial Jurisdiction Act, U.S. courts lacked jurisdiction to prosecute civilians accompanying United States’ Armed Forces overseas. This article will specifically address how the United States exercises jurisdiction and prosecutes the civilian employees of PMCs in United States courts for crimes they have committed in foreign countries while working under contract to the United States government.

161st University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

161st Commencement and Mass Program

Saturday, May 20, 2006

The War On Terror, Local Police, And Immigration Enforcement: A Curious Tale Of Police Power In Post-9/11 America, David A. Harris

ExpressO

In post-9/11 America, no goal ranks higher for law enforcement than preventing the next terrorist attack. This is as true for local police departments as it is for the FBI, and police in cities. At the same time, many advocates of tightening U.S. immigration enforcement have recast their efforts as national security and anti-terrorism campaigns. Thus, these advocates and their many allies in the current administration and in Congress have called for local police to become involved in enforcing immigration law. Officials in both the executive and legislative branches of the federal government have taken a number of actions designed …

Presiding Over The Ex-President: A Look At Superior Responsibility In Light Of The Kosovo Indictment , Jackson N. Maogoto

ExpressO

Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …

War On The Enemy: Self-Defence And State-Sponsored Terrorism, Jackson N. Maogoto

ExpressO

In the international law system, internal mechanisms are the appropriate responses to terrorist acts through domestic criminal law. The weakness of domestic criminal law is however evident in the face of transnational terrorists groups whose scope spreads across many borders. The challenge is compounded when States actively or passively support terrorism. Though traditionally State responsibility has been the vehicle through which pressure is exerted on States sponsoring terrorism, the lethal capabilities of terrorists demonstrated by the September 11, 2001 attacks has fundamentally changed the landscape. The consequences of breaches arising out of a failure by a State to effectively curtail …

The Military Ascent Into Space: From Playground To Battleground--The New Uncertain Game In The Heavens, Jackson N. Maogoto

ExpressO

This article seeks to bring to light the various aspects pertaining to the militarization and weaponization of space. It will give an overview of initiatives by the space-faring nations in developing space weaponry, discuss the space law regime and in particular expose its defects in effectively addressing space warfare. It will then proceed to generally juxtapose space warfare with the U.N. Charter regime on the use of force. The article exposes various questions, but does not seek to undertake the ambitious goal of supplying solutions; after all, as the article will demonstrate, the problems are readily evident, but the solutions …

Sovereignty In Transition: Human Rights And International Justice, Jackson N. Maogoto

ExpressO

Sovereign excesses in the twentieth century resulted in the murder of approximately 170,000,000 persons by their sovereign. This statistic, a potent testimony of sovereign excesses through gross and systematic human rights violations firmly places human rights and humanitarian problems on the international plane. This reality (identified and articulated in the Report of the Secretary General’s High-level Panel on Threats, Challenges and Change) firmly places human rights problems on the international plane and mandates a fundamental rethinking about the basis of sovereignty’s political and associational organization in the new millennium. This Article has as its modest aim an examination and analysis …

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto

ExpressO

The Article addresses the legal issues raised by the ascendance of contemporary Private Military Firms. This article has as its aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states over the use of force. At the heart of the argument is the reality that PMFs maintain the ability to inflict violence …

Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp

ExpressO

By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …

Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp

ExpressO

Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …

Return To Sender: Supreme Court Authorizes Removal Of Aliens Without Prior Consent From The Destination Country In Jama V. Ice, Jennifer E. Richter

Mercer Law Review

In a 5-4 decision in Jama v. ICE, the United States Supreme Court rejected prior interpretations of alien removal statutes and held that the Secretary of Homeland Security (the "Secretary") may remove aliens without prior consent from the receiving country. The decision has important ramifications for both statutory interpretation and immigration law. The majority, written by Justice Scalia, concluded that in the new version of the removal statute, 8 U.S.C. § 1231, the rule of statutory interpretation, known as the last antecedent rule, precluded the court from reading an acceptance requirement into subsection (b)(2)(E)(iv). In contrast, the dissent concluded …

Beware Of Boldness, Conrad C. Crane

The US Army War College Quarterly: Parameters

No abstract provided.

Shakedown At Gucci Gulch: The New Logic Of Collective Action, Edward J. Mccaffery, Linda R. Cohen

North Carolina Law Review

No abstract provided.

On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters

BYU Law Review

No abstract provided.

Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

In May 2004, the Special Court for Sierra Leone issued a landmark decision finding that an individual may be held criminally responsible for the offense of recruiting child soldiers into armed conflict. As a hybrid tribunal established by the United Nations and the Government of Sierra Leone to try those who "bear the greatest responsibility" for serious violations of international humanitarian law committed during the country's civil war after November 1996, the Special Court is the first international criminal body to indict a person for the crime of recruiting and employing children in war. The decision in the case of …

Paper Session V: Steganography And Terrorist Communications - Current Information And Trends - Tools, Analysis And Future Directions In Steganalysis In Context With Terrorists And Other Criminals, William Eyre, Marcus Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

In ancient times, users communicated using steganography, “…derived from the Greek words steganos, meaning ‘covered’, and graphein, meaning ‘to write.’” (Singh, 1999, p.5) Steganography facilitates secret, undetected communication. In modern times, in the context of the Global War on Terror, national intelligence and law enforcement agencies need tools to detect hidden information (steganography) in various types of media, most specifically to uncover the placement of hidden information in images. This paper will look at steganography in general terms, presenting the theory of some common steganographic techniques and touching on some theoretical work in steganography. Then a discussion of how to …

The Sosa Decision, Jeffrey P. Saxon

ExpressO

The manner in which international law is applied by the domestic courts of the United States has been an issue without any definitive boundaries since 1789. It is unclear as to the type and extent of international law that could be brought as a cause of action inside the United States for events that occurred outside its borders. The landmark case of Sosa v. Alvarez-Machain, decided by the Supreme Court in 2004, has changed the landscape in this area. This decision will alter the field of domestic enforcement of international law by making it exceedingly difficult for an non-citizen to …

Protection Of The Environment During Armed Conflict , Roman Reyhani

Journal of Environmental and Sustainability Law

No abstract provided.

Universities Should Implement Internal Control Programs To Monitor Compliance With Export Control Laws, Rowena Rege

The Journal of Law and Education

No abstract provided.

Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.

University of Miami International and Comparative Law Review

No abstract provided.

Shoot First, Ask Questions Later: Double-Tapping Under The Laws Of War, Stephen W. Simpson

West Virginia Law Review

No abstract provided.

Beyond The First Decade: A Forward-Looking History Of Latcrit Theory, Community And Praxis, Berta E. Hernández-Truyol, Angela Harris, Francisco Valdés

UF Law Faculty Publications

Part I of this Afterword sketches an overview of the jurisprudential and intellectual precursors that have influenced the emergence and development of LatCrit theory during this past decade. Part II turns squarely to the origins and the efforts of this enterprise, as we have endeavored to articulate the LatCrit subject position in socially relevant ways. Part III explains the special emphasis on internationalism manifest both in our symposia and more broadly in our portfolio of projects. Part IV then concludes with an outline of some key points that might help to inform our second-decade agenda. In presenting our account of …

Taking The Initiative: Political Parties, Primary Elections, And The Constitutional Guarantee Of Republican Governance, Gavin M. Rose

Indiana Law Journal

No abstract provided.

Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi

William & Mary Bill of Rights Journal

No abstract provided.

Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, Samuel Vincent Jones

Duke Journal of Comparative & International Law

No abstract provided.