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Book Review: Liberation, Elizabeth Gingerich Jul 2022

Book Review: Liberation, Elizabeth Gingerich

The Journal of Values-Based Leadership

Author: Emilio Iodice Publisher: Cranberry Press, San Antonio, Texas Pages: 781 Publication Date: October 29, 2021 ISBN-10: 1954759010 ISBN-13: 978-1954759015 Reviewer: Elizabeth Gingerich


The “Bates” Shop: Fishing For Primary Source Documents And Building Media Literacy Through Historical Documents, David Bates Jul 2022

The “Bates” Shop: Fishing For Primary Source Documents And Building Media Literacy Through Historical Documents, David Bates

Michigan Reading Journal

No abstract provided.


Pirate Accessory Liability: Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips Jul 2022

Pirate Accessory Liability: Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips

Florida Journal of International Law

No abstract provided.


"Guns For Hire, Death On Demand": The Permissibility Of U.S. Outsourcing Of Drone Attacks To Civilian Surrogates Of The Armed Forces And Challenges To Traditional Just War Theory, Kevin Hugh Govern, Scott Adam Schlager Jul 2022

"Guns For Hire, Death On Demand": The Permissibility Of U.S. Outsourcing Of Drone Attacks To Civilian Surrogates Of The Armed Forces And Challenges To Traditional Just War Theory, Kevin Hugh Govern, Scott Adam Schlager

Florida Journal of International Law

No abstract provided.


Bearing Silent Witness: A Grandfather's Secret Attestation To German War Crimes In Occupied France, Mckay M. Smith Jul 2022

Bearing Silent Witness: A Grandfather's Secret Attestation To German War Crimes In Occupied France, Mckay M. Smith

Florida Journal of International Law

No abstract provided.


Inevident Truths; Why Current International Norms And Policies May Not Have Supported The American Revolution, Patrick A. Woods Jul 2022

Inevident Truths; Why Current International Norms And Policies May Not Have Supported The American Revolution, Patrick A. Woods

Florida Journal of International Law

No abstract provided.


Occupation Law During And After Iraq: The Expedience Of Conservationism Evidenced In The Minutes And Resolutions Of The Iraqi Governing Council, Jordan E. Toone Jul 2022

Occupation Law During And After Iraq: The Expedience Of Conservationism Evidenced In The Minutes And Resolutions Of The Iraqi Governing Council, Jordan E. Toone

Florida Journal of International Law

No abstract provided.


"Ihl" As "Islamic Humanitarian Law": A Comparative Analysis Of International Humanitarian Law & Islamic Military Jurisprudence Amidst Changing Historical Contexts, Omar Yousaf Jul 2022

"Ihl" As "Islamic Humanitarian Law": A Comparative Analysis Of International Humanitarian Law & Islamic Military Jurisprudence Amidst Changing Historical Contexts, Omar Yousaf

Florida Journal of International Law

This Note will begin with an introduction to the relevant sources of law in each respective tradition so as illustrate their legitimacy and their influence on the regulation of armed conflict. Then the analysis will discuss the importance of jus as bellum, and how the socio-historical contexts that underlie the justifications of going to war have shaped the laws that regulate the conduct of war. Next, the discussion will turn to a comparative analysis of particular principles related to regulation of armed conflict, including civilian immunity and the principle of distinction (including the distinction between civilian and military objectives), …


The Constitution Of Cádiz In Florida, M.C. Mirow Jul 2022

The Constitution Of Cádiz In Florida, M.C. Mirow

Florida Journal of International Law

This study seeks to make a contribution to our understanding of the application and the history of the Constitution in the colonial world of St. Augustine, Florida, immediately after its promulgation in Spain.


Ready . . . Fire . . . Aim!: A Case For Applying American Due Process Principles Before Engaging In Drone Strikes, Carla Crandall Jul 2022

Ready . . . Fire . . . Aim!: A Case For Applying American Due Process Principles Before Engaging In Drone Strikes, Carla Crandall

Florida Journal of International Law

No abstract provided.


Applicability And Application Of The Laws Of War To Modern Conflicts, Daphné Richemond-Barak Jul 2022

Applicability And Application Of The Laws Of War To Modern Conflicts, Daphné Richemond-Barak

Florida Journal of International Law

This Article examines if, and how, the laws of war apply to conflicts involving non-state actors—whether they are guerrilla groups, terrorist organizations or private military contractors.


Traditional Military Activities In Cyberspace: Preparing For "Netwar", Paul A. Walker Jul 2022

Traditional Military Activities In Cyberspace: Preparing For "Netwar", Paul A. Walker

Florida Journal of International Law

This Article argues that the military’s decision to conduct action against the CIA and Saudi-monitored website was well within the norms of traditional military activity. Because the action occurred during the course of an armed conflict against al Qaeda, there would also be no need to acknowledge such an action when it was directed by a military commander. This Article explores the array of traditional military activities that may occur in the Internet and other information environments without triggering covert action reporting requirements through the prism of a historical examination of two types of military activity that contribute to the …


Taking Risks Ethically, John D. Haskell Jul 2022

Taking Risks Ethically, John D. Haskell

Florida Journal of International Law

In this Article, I have adopted a two-fold approach to these challenges. First, I want to briefly think about some common “illusions” that may restrict our ability to cope with the violence and paranoia that haunts our horizons. My suspicion is that too often we see ourselves in the role of architects, embroiled in debates over the structural aspects of civil society at home and global governance abroad. In this sense, I want to suggest that it is not our institutions or ideological underpinnings that stifle our efforts, but something more intimate, something about our most cherished conceptions of our …


The Art Of Money Laundering, Hannah Purkey Jul 2022

The Art Of Money Laundering, Hannah Purkey

Florida Journal of International Law

No abstract provided.


Legal Ramifications Of The War In Gaza, Johan D. Van Der Vyver Jul 2022

Legal Ramifications Of The War In Gaza, Johan D. Van Der Vyver

Florida Journal of International Law

The purpose of this Article is to highlight the major rules of international (humanitarian) law that have been implicated by the war in Gaza. Needless to say, when applying those rules of law to the empirical facts, and indeed in attempting to evaluate the claims and disclaimers on both sides of the offensive, the issues at stake are extremely complicated. Nor perhaps is the one-sided and almost exclusive condemnation of the Israeli offensive entirely warranted; that is, if the militant actions of Hamas is measured, objectively, against the applicable rules of international humanitarian law.


The Battle Continues: Fighting For A More Child-Sensitive Approach To Asylum For Child Soldiers, Jennifer C. Everett Jul 2022

The Battle Continues: Fighting For A More Child-Sensitive Approach To Asylum For Child Soldiers, Jennifer C. Everett

Florida Journal of International Law

This Article argues that both international and domestic law obligates the United States to address the special needs of child soldiers seeking asylum. Although the U.S. Department of Homeland Security (formally Immigration and Naturalization Services) established Guidelines for Children’s Asylum Claims in 1998, this Article argues that these policies failed to incorporate sufficient procedural protections or any substantive changes to the asylum determination system itself. Without necessary procedural and substantive changes to asylum law, the United States will do little to ensure that those most in need of refugee protection receive it. Ultimately, what is needed is an asylum system …


Unlawful Combatant Or Innocent Civilian? A Call To Change The Current Means For Determining Status Of Prisoners In The Global War On Terror, Thomas J. Bogar Jul 2022

Unlawful Combatant Or Innocent Civilian? A Call To Change The Current Means For Determining Status Of Prisoners In The Global War On Terror, Thomas J. Bogar

Florida Journal of International Law

This Article suggests that both the CSRT and the Article 5 tribunals are inadequate to accurately determine the correct status of prisoners captured in the GWOT. Neither the United States implementing regulations under Article 5 nor the CSRT procedures provide the sufficient means for determining status of prisoners. Because of these inadequacies, this Article proposes a modified model that ensures due process is provided to prisoners, particularly when making prisoner status determinations under International Humanitarian Law.

As background, Part II discusses prisoner of war status and the benefits afforded prisoners under the Conventions and Additional Protocols. I also details the …


The 2006 Israel-Lebanese Conflict: A Case Study For Protection Of The Environment In Times Of Armed Conflict, Ling-Yee Huang Jul 2022

The 2006 Israel-Lebanese Conflict: A Case Study For Protection Of The Environment In Times Of Armed Conflict, Ling-Yee Huang

Florida Journal of International Law

This Comment will examine the oil spill from the recent Israeli-Lebanese conflict as a case study for the application of humanitarian law principles—humanity, discrimination, military necessity, and proportionality—to protection of the environment during times of armed conflict.


Small Arms And Light Weapons: Complicity "With A View" Toward Extended State Responsibility, Theresa A. Diperna Jul 2022

Small Arms And Light Weapons: Complicity "With A View" Toward Extended State Responsibility, Theresa A. Diperna

Florida Journal of International Law

No abstract provided.


Full Issue 16.1 Jul 2022

Full Issue 16.1

Genocide Studies and Prevention: An International Journal

No abstract provided.


Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster Jul 2022

Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster

Genocide Studies and Prevention: An International Journal

The relationship between the environment and mass violence is complex and multi-faceted. The effects of environmental degradation can destabilize societies and cause conflict. Attacks on the environment can harm targeted groups, and both mass violence and subsequent transitions can have harmful environmental legacies. Given this backdrop, it is notable that the field of transitional justice has paid relatively little attention to the intersections between mass violence and environmental degradation. This article interrogates this inattention and explores the limitations and possibilities of transitional justice as a means of addressing the environmental harms associated with mass violence. The article makes four key …


Quirin To Hamdan: Creating A Hybrid Paradigm For The Detention Of Terrorists, Amos N. Guiora Jul 2022

Quirin To Hamdan: Creating A Hybrid Paradigm For The Detention Of Terrorists, Amos N. Guiora

Florida Journal of International Law

This Article’s legal and policy recommendations offer a concrete model for procedural changes that may cure the deficiencies highlighted in the Hamdan decision. While Osama Bin Laden and those of his ilk are “our enemy,” it is critical that the specific legal status of these individuals be defined in order to determine their rights.


Is Article 25(3) Of The Icc Statute Compatible With "Crime Of Aggression"?, Nicolaos Strapatsas Jul 2022

Is Article 25(3) Of The Icc Statute Compatible With "Crime Of Aggression"?, Nicolaos Strapatsas

Florida Journal of International Law

No abstract provided.


It Takes A Village…Or At Least A Region: Rethinking Peace Operations In The Twenty-First Century, The Hope And Promise Of African Regional Institutions, Dana Michael Hollywood Jul 2022

It Takes A Village…Or At Least A Region: Rethinking Peace Operations In The Twenty-First Century, The Hope And Promise Of African Regional Institutions, Dana Michael Hollywood

Florida Journal of International Law

No abstract provided.


Sovereignty In A Postsovereign World, John Alan Cohan Jul 2022

Sovereignty In A Postsovereign World, John Alan Cohan

Florida Journal of International Law

No abstract provided.


Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio Jul 2022

Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio

Florida Journal of International Law

This Article will focus on some of the practical type of prosecution: international, hybrid, or national. Part II of this Article will describe the ICTY’s referral of the Ademi/Norac case to Croatian national courts, focusing on the reasons underlying the referral, as well as on the appropriateness of the referral in light of international criminal law. Part III will then focus on the Special Court, in an effort to assess whether such a hybrid tribunal is a better form of international justice. Finally, Part IV will outline certain paradigms is an effort to propose solutions for certain types of cases …


Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker Jul 2022

Toward Democratic Consolidation? The Argentine Supreme Court, Judicial Independence, And The Rule Of Law, Christopher J. Walker

Florida Journal of International Law

No abstract provided.


The New U.S. Approach To The Fissile Material Cutoff Treaty: Will Deletion Of A Verification Regime Provide A Way Out Of The Wilderness?, David S. Jonas Jul 2022

The New U.S. Approach To The Fissile Material Cutoff Treaty: Will Deletion Of A Verification Regime Provide A Way Out Of The Wilderness?, David S. Jonas

Florida Journal of International Law

No abstract provided.


The Darfur Debate: Whether The Icc Should Determine That The Atrocities In Darfur Constitute Genocide, Jamie A. Mathew Jul 2022

The Darfur Debate: Whether The Icc Should Determine That The Atrocities In Darfur Constitute Genocide, Jamie A. Mathew

Florida Journal of International Law

The purpose of this Article is to review the evolution of the genocide question and to conduct a legal analysis of whether genocide has been committed or is being committed in Darfur. The scope of this Article is limited to the crime of genocide and does not include crimes against humanity or war crimes.

Part II explains the ICC and its procedural requirements, especially in relation to the recent Security Council Resolution, and further details the development of the international law of genocide. Part III provides demographic and historical background information on Sudan and describes the current conflict in Darfur. …


Ill At Ease: The Precarious State Of The Biological Weapons Convention's Proposed Enforcement Regime, Nahal Kazemi Jul 2022

Ill At Ease: The Precarious State Of The Biological Weapons Convention's Proposed Enforcement Regime, Nahal Kazemi

Florida Journal of International Law

No abstract provided.