Digital Commons Network^™

Reconstruction And Repatriation Of Looted Cultural Heritage Property Ownership Mechanism, Yichi Zhang

Pepperdine Policy Review

The displacement of cultural artifacts through conflict, colonization, and illicit trafficking has created profound gaps in humanity's shared heritage. This paper examines the systemic barriers to cultural property restitution and proposes a structured dispute resolution framework as the primary remedy. Drawing on the social, nonmarket, and economic values of cultural heritage, the study establishes why repatriation extends beyond legal formality into questions of identity, sovereignty, and collective memory. A review of existing international instruments, including the 1954 Hague Convention, the 1970 UNESCO Convention, and the ICPRCP, reveals persistent enforcement gaps and jurisdictional inconsistencies that impede meaningful restitution. Comparative case studies …

Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy

Peace and Conflict Studies

Wartime sexual violence (WSV) has been a characteristic of violent conflict throughout recorded history, yet has failed to illicit the same international attention and condemnation as other war crimes. WSV has also been a particularly pervasive method of destruction during genocide, in which women make up the majority of victims and are targeted for both their gender and group membership. However, sexual violence is not enumerated as a crime of genocide in the 1948 Genocide Convention. Despite its absence from the formal genocide convention, legal institutions have still attempted to hold perpetrators responsible for sexual violence during genocide. This paper …

Parameters Autumn 2025, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Autumn 2025 issue of Parameters. We open with two In Focus commentaries. The first, “A Case for Military Proportionality: Disabling Nuclear Plants” by Henry Sokolski, offers practical ways in which military planners can disable civilian targets, such as nuclear infrastructure, without undermining operational goals, alliance cohesion, or long-term political objectives. Our second commentary, “The Consequences of Declining Patriotism in the United States” by Neil N. Snyder, presents findings from a national survey showing a decline in patriotism, especially among Generation Z nonveterans. His article highlights a growing civil-military values gap with implications for recruitment and national …

A Case For Military Proportionality: Disabling Nuclear Plants, Henry Sokolski

The US Army War College Quarterly: Parameters

This special commentary argues that striking nuclear and other hazardous civilian infrastructure is often militarily counterproductive and should be avoided not just for legal and moral reasons but because strikes can defeat achieving one’s war aims. Unlike most commentaries, which treat proportionality as an abstract legal constraint, this article shows how proportionality can serve as a concrete tool for winning wars and maintaining alliances. The article draws on military history, current targeting doctrines, and recent war games. The analysis gives military planners practical guidance for how and why to disable certain civilian targets without undermining their own operations.

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 …

Lawfare And Terrorism – Can Terrorism Justify The Use Of Force?, Joanna Siekiera

Graduate Research Conference (GSIS)

As the world became increasingly interconnected, the significance of international law has been augmented exponentially. International law encompasses a vast array of legal systems, written norms, and customary principles that govern the interactions between states, still being the primal and main norm creators, as well as to some extent international organizations, and other non-state actors (NSA) gaining more and more influence, and finally us - individuals. In recent times, the utilization of law as a tool of warfare has gained prominence, with public and private entities leveraging legal arguments and international institutions to achieve their military and political objectives. While …

The Frozen Sleeping Giant: How The U.S. Can Awaken To Arctic Challenges And Advance Its Northern Interests, Daniel White

Graduate Research Conference (GSIS)

For much of human history, the Arctic Ocean was persistently inaccessible to mass trade and transportation. With warming global temperatures, the ice of the Arctic Ocean is slowly giving way to navigable ocean, and creating new opportunities for states wanting to take advantage of the upcoming maritime access. With U.S. adversaries like Russia and China pursuing their Arctic interests, one would assume that the U.S. is hard at work at reinforcing its Arctic territory. Despite the United States being the global hegemon, scholars have remained puzzled as to why the U.S. has continued an apparent apathy towards the Arctic. This …

Inteligencia Artificial Y Desinformación En Internet: Regulaciones (In)Compatibles Con Los Estándares De Protección Del Derecho A La Libertad De Expresión En El Derecho Internacional De Los Derechos Humanos, Trilce Gabriela Valdivia Aguilar

American University International Law Review

Durante los casi dos años de confinamiento debido a la pandemia por COVID-19, muchas de nuestras interacciones “en vivo” se trasladaron al mundo virtual. Asimismo, las redes sociales se convirtieron en una de nuestras principales fuentes de información y también en los medios más usados para comunicarnos y debatir con nuestros pares. Lamentablemente las mismas no estuvieron siempre sustentadas en información certera, sino más bien en información falsa, que circulaba en medio de viciosas burbujas donde nos era imposible conocer opiniones o pareceres contrarios a los nuestros.

Holding Out For Better Weather: Foreign Aid And The Principle Of Humanity In Armed Conflicts And Natural Disasters, Nicholas Schwartz

American University International Law Review

This Comment examines the doctrines of international humanitarian law and international disaster response law, two different sets of rules that govern the same situation: humanitarian concerns in the wake of a large-scale cataclysm. International humanitarian law is as old as history itself and has a stout body of law, both in terms of treaties and recognized customary international law. International disaster response law has only crystallized as a concept over the last two decades and is underdeveloped and largely unacknowledged.

Foreign aid, implored by the principle of humanity, is critical to assisting the plight of populations when a domestic government …

The Legality Of Nuclear-Weapons Sharing Arrangements Under International Law: United States-Nato And Russia-Belarus, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Essay argues that certain nuclear sharing agreements between nuclear and non-nuclear powers are legal under the Nuclear Non-Proliferation Treaty. This topic is highly important as Russia has announced its stationing of nuclear weapons in Belarus and Belarus has signaled its intent to use them.

Cultural Conquest: Russia's Strategic Assault On Ukrainian Heritage As Both A Catalyst For And A Casualty Of Conflict, Brittan Harrell

American University International Law Review

Vladimir Putin and his government have disseminated fabricated claims about Ukraine’s history, language, and sovereignty as a rationalization for the 2022 invasion of Ukraine. Not only has the war resulted in grave human loss, but it has also caused widespread destruction throughout Ukraine. Nongovernmental organizations, foreign governments, academics, and Ukrainian citizens have collected robust evidence that Russian forces are purposefully targeting repositories of Ukrainian identity. The intentional destruction of this protected property is considered a war crime under the Rome Statute. Following the International Criminal Court’s (“ICC”) first successful prosecution for the destruction of protected property in 2016, there has …

In Violation Of Diplomatic Treaties: A Look Into Ecuador's Forced Extraction, Josie C. Tarin

American University International Law Review

In December 2023, former Vice-President of Ecuador, Jorge Glas, sought political asylum in the Mexican Embassy located in Quito, Ecuador. On April 5, 2024, following a week of political discourse between the Ecuadorian and Mexican governments, the Mexican government granted Glas political asylum. In their announcement, Mexico reminded Ecuador that the 1954 Caracas Convention on Diplomatic Asylum and the 1961 Vienna Convention on Diplomatic Relations protected both Glas and the employees within the Mexican embassy. On the evening of Mexico’s announcement, Ecuadorian agents operating under executive authority entered the Mexican embassy without consent, injured an employee of the Mexican embassy …

The Evolving Landscape Of European Security: An Assessment Of Nato’S Posture And Deterrence Strategies In Response To The Russia-Ukraine War, Goddy U. Osimen, Oluwakemi Fulani, Nesochi Mogbolu

Journal of Strategic Security

The Russia-Ukraine War has reshaped Europe’s security landscape, leading to NATO’s most significant transformation since the Cold War. This study explores how the conflict has prompted NATO to realign its deterrence and defence strategies in response to Russia’s violations of international norms and changing battlefield dynamics. Employing a qualitative analysis of academic literature, official documents and credible reports, this study argues that NATO has shifted from assurance to a more assertive deterrence approach, enhancing its forward presence, increasing defence spending, and adopting effective new technologies. Key findings reveal important lessons about modern warfare, particularly the roles of artillery, unmanned systems, …

Levels Of Failure: How The United States’ Rendition, Detention, And Interrogation Program During The War On Terror Failed As Counterterrorism Policy, Maggie Carr

Washington Semester Program

No abstract provided.

Ai Regulation In A Chatgpt Era: Cross-Border Cooperation And Hope In A Sudden Storm, Heidi L. Frostestad

College of Law Faculty Publications

This article addresses the complex and burgeoning issue of worldwide and national AI regulation in a legal context, with insights from international business law. The present regulatory efforts throughout the globe are a messy tapestry of initiatives with varying approaches that do not coalesce for cross-border multinational corporate entities (MNE). Most AI technologies are developed by multinational enterprises that need a more uniform international regulatory environment and structure for “responsible AI” enforcement. The human rights models of corporate social responsibility and human rights mechanisms that regulate the protection of fundamental rights and “responsible AI” to prevent harms in the context …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Ukraine V. Russia: A Case For Change In International Enforcement, Katy Malloy

William & Mary Law Review

A scant few territorial violations have occurred in the twentieth and twenty-first centuries, and those that have occurred generally prompted quick and unequivocal condemnation, as well as efforts to return to the status quo. Notable violations—the Six-Days War, the Turkish invasion of Cyprus, the Falklands War, Iraq’s invasion of Kuwait, and Russia’s annexation of Crimea—have prompted a short menu of international responses. The Six-Days War and the invasion of Crimea both prompted years’ worth of political criticism for Israel and Russia, respectively, as both nations have held onto at least parts of the lands seized. The Falklands War prompted almost …

What's Next: How And Why States Strengthen Treaties Through Deepening Commitments, Joseph Maestas

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

States take many post-ratification actions with most designed to weaken the application of the treaty against the state. However, nearly all treaties offer ways for states to strengthen it: deepening commitments. Deepening commitments are optional post-ratification actions that allow a state to strengthen and shape implementation of the treaty. This dissertation examines deepening commitments through analysis the Convention on the Rights of the Child (CRC), the Rome Statute of the International Criminal Court (Rome Statute), and the Convention on Certain Conventional Weapons (CCW).

In Chapter 2, through a typology and process tracing cases, I argue that states influence international law …

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

International Asylum Law In The U.S. Supreme Court, Lorin Utsch

Undergraduate Honors Theses

The role of international law within the United States legislative system is unclear and fluctuating. The extent to which the United States keeps its international commitments is informed by the application of international law in the country’s highest court, the Supreme Court. The Court’s use of international law varies by case, but consistently applies international law so as to maximize domestic interests. These interests may be of strategic, legal, or ideological value. The Supreme Court cites international asylum law in order to clarify domestic statutes, safeguard domestic sovereignty, and to reemphasize the Court’s preference for domestic statutes over international legal …

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs

Pace International Law Review

The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …

“With Intent To Destroy, In Whole Or In Part”: Genocide, Ethnic Cleansing, And A Lost History, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

Drawing upon original research into the travaux préparatoires of the 1948 Genocide Convention, this Article advances several claims that complicate the standard account according to which genocide must entail a purpose to physically destroy at least a substantial part of a protected group. The core of the Article closely explores the words “intent,” “destroy,” and “in part,” showing how international authorities have settled on a received and largely uninterrogated wisdom regarding the meaning of these terms, one which is supported neither by the drafting history of the Genocide Convention, nor even by the actual results of the judicial decisions that …

Haiti: Confronting An Immense Challenge, Irwin Stotzky

University of Miami Inter-American Law Review

This article analyzes the history of Haiti, from its origins as a slave colony of France, which was the richest colony in the Americas, to its war of independence leading to the first Black independent nation in the Americas, to its economic re-enslavement under the power of France and then the United States. The article discusses the great harm the French caused the Haitian people by imposing through force a ransom of billions of dollars that has led Haiti to its present position of being on the brink of becoming a failed state, with all of the disastrous consequences for …

Wide Area Motion Imagery And The Colonial Antecedents Of Surveillance, Dinesh Napal

Journal of Strategic Security

Wide area motion imagery (WAMI) technologies are procured by federal and state security institutions across the United States, due to their capacity to surveil at an extraordinary scale. Innovation in WAMI development seeks to make them more compact or convenient to use and employ in a variety of situations. The increased use of WAMI, particularly through uncrewed aerial combat vehicle (UCAV) systems and operations, is able to render visible people, communities, and behaviors at an unprecedented level. This has implications for individuals’ and communities’ perception of surveillance and the ontology of security. The experience of being secured or kept safe …

Justice Today, Peace Tomorrow: Reinventing The Crime Of Aggression In The Age Of Putin, Braden Kundert

Lincoln Memorial University Law Review Archive

War. One word can conjure up so much: suffering, instability, chaos, destruction, and death. It is no wonder then that many countries have condemned Russia’s invasion of Ukraine. Though many governments have given aid to Ukraine and sanctioned Russia, much of the world has still been somewhat paralyzed, recognizing the danger that Russia’s lawless actions have put the world in, but unable to do anything about it. Now, as talk has turned to war crimes tribunals, it is vital that we remember a critical feature of international criminal law: the crime of aggression.

The crime of aggression, also known as …

Armed Guests: Territorial Sovereignty And Foreign Military Basing, Robert Flynn, Sebastian Schmidt

Naval War College Review

No abstract provided.

Drones And Global Order: Implications Of Remote Warfare For International Society, Richard Norton, Paul Lushenko, Srinjoy Bose, William Maley

Naval War College Review

No abstract provided.