Digital Commons Network^™

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?

Child Soldiers And The Capacity Of The Optional Protocol To Protect Children In Conflict, Shara Abraham

Human Rights Brief

No abstract provided.

An Open Debate On United States Citizens Designated As Enemy Combatants: Where Do We Go From Here?, Michael Beattie, Lisa Yonka Stevens

Maryland Law Review

No abstract provided.

The Military's Involvement In Law Enforcement: The Threat Is Not What You Think, Michael T. Cunningham

Seattle University Law Review

This Article will first briefly discuss the Posse Comitatus Act and its applicability in different situations, the exceptions to the PCA, and the use of DOD military services in counter-drug operations. Next, extraterritorial applications of the PCA will be briefly examined. Finally, the effects law enforcement activities may have on military readiness will be discussed.

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Scholarly Articles in Law Reviews & Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …

American Courts-Martial For Enemy War Crimes, Tara Lee

University of Baltimore Law Review

No abstract provided.

Corporate Governance And Sustainable Peace, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

The Articles and Commentary in this Symposium are another step in a series of conferences exploring dimensions of business influence on sustainable peace. As is often the case with new intellectual initiatives, each step seems to open new doors of insight and new sets of questions. Other presentations delivered at this conference included discussions of how one could design architectural plans in keeping with company goals, while others focused on the development of compassion, forgiveness, and voice. Still others connected the topic to notions of ethical compliance models, dispute resolution, corporate citizenship, and economic development.

Beyond these notions, of course, …

Enemy Combatants, The Courts, And The Constitution, Roberto Iraola

Oklahoma Law Review

No abstract provided.

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 Role Of The Lawyer In War: Lawyering For Uncle Sam When He Draws His Sword, William G. Eckhardt

Faculty Works

For 228 years, uniformed lawyers have been providing legal advice to commanders. They have used their legal skill, their sense of social organization, and their understanding of military history and tradition to assist in the formulation of sound discipline, governance, and policy. The unique contribution martial law has made to our country's dedication to the rule of law is a heritage worth celebrating. The purpose of this essay is to discuss this heritage so that one may appreciate the current state of the practice of military law. It includes an exploration of the theoretical conflict between law and armed force; …

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …

Legal Regulation Of The Effects Of Military Activity On The Environment, Daniel M. Bodansky

Scholarly Works

While in times of peace a growing number of multilateral environmental agreements serves to protect the environment, existing international law affords only very limited protection against the threats of war to the environment. This is the finding of a study by Prof. Daniel Bodansky, University of Georgia, USA on behalf of the German Federal Environmental Agency (Umweltbundesamt) which reviews the adequacy of the law of war and of the general principles of international law to protect the environment. At present international law leaves nation states with a wide degree of discretion to justify environmental harm caused by acts of war.

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” …

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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 …

Full Volume 78: Legal And Ethical Lessons Of Nato's Kosovo Campaign

International Law Studies

No abstract provided.

International Humanitarian Law After Kosovo: Is Lex Lata Sufficient?, Ove Bring

International Law Studies

No abstract provided.

Searching For Justice In An Unjust World, Sharon Healey

Human Rights & Human Welfare

A review of:

Stay the Hand of Vengeance by Jonathan Gary Bass. Princeton: Princeton University Press, 2000. 368pp.

and

For Humanity: Reflections of a War Crimes Prosecutor by Richard Goldstone. New Haven, CT: Yale University Press, 2000. 152pp.

A Little Rebellion Now And Then Is A Good Thing, James Forman Jr.

Michigan Law Review

What do George Washington and Eldridge Cleaver have in common? Or John Brown and Mahatma Gandhi? The Stern Gang and the Palestine Liberation Organization? Jefferson Davis and Eugene Debs? In Rebels with a Cause: The Minds and Morality of Political Offenders, Nicholas Kittrie says they are all political offenders - men and women who, "professing loyalty to a divine or higher law, to the call of individual conscience, or to the imperatives of some perceived public good, have challenged the legitimacy and authority of the institutions of their governments" (p. 6). Kittrie sets out to study the whole lot: "Civil …

Secret Codes, Military Hospitals, And The Law Of Armed Conflict: Could Military Medical Facilities' Use Of Encrypted Communications Subject Them To Attack Under International Law?, Philip R. Principe

University of Arkansas at Little Rock Law Review

No abstract provided.

Military Commissions And Courts-Martial: A Brief Discussion Of The Constitutional And Jurisdictional Distinctions Between The Two Courts, Timothy C. Macdonnell

Scholarly Articles

On 13 November 2001, President George W. Bush signed Military Order 222, authorizing the trial of non-U.S. citizens for war crimes by military commission.' Since the signing of that order, a contentious debate has raged over the possible use of military commissions to try suspected terrorists. As part of that debate, the media has used various terms to describe the proposed military commissions. They have called them "Secret Military Trials,"' "Military Tribunals,"' and "U.S. Military Court[s]." A Cable News Network internet story described military commissions as "essentially a courts-martial, or a military trial, during a time of war." This quotation …

Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust

Michigan Journal of International Law

While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …

Operation Enduring Freedom: Legal Dimensions Of An Infinitely Just Operation, Barry A. Feinstein

Florida State University Journal of Transnational Law & Policy

No abstract provided.

"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …

Defining The Right Of Self-Defense: Working Toward The Use Of A Deadly Force Appendix To The Standing Rules Of Engagement For The Department Of Defense, Major David Bolgiano, Captain Mark Leach, Major Stephanie Smith, Lieutenant Colonel John Taylor

University of Baltimore Law Review

No abstract provided.

Meeting The Challenge Of Cyberterrorism: Defining The Military Role In A Democracy, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

Ordered Liberty And The Homeland Security Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …