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Full-Text Articles in Law
Border Searches In The Age Of Terrorism, Robert M. Bloom
Border Searches In The Age Of Terrorism, Robert M. Bloom
Robert Bloom
This article will first explore the history of border searches. It will look to the reorganization of the border enforcement apparatus resulting from 9/11 as well as the intersection of the Fourth Amendment and border searches generally. Then, it will analyze the Supreme Court's last statement on border searches in the Flores-Montano27 decision, including what impact this decision has had on the lower courts. Finally, the article will focus on Fourth Amendment cases involving terrorism concerns after 9/11, as a means of drawing some conclusions about the effect the emerging emphasis on terrorism and national security concerns will likely have …
Al-Libi And Detention At Sea, Peter Margulies
Al-Libi And Detention At Sea, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Law-Of-War Perfidy, Sean Watts
Law-Of-War Perfidy, Sean Watts
Sean Watts
More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as a medium of exchange between combatants – a guarantee of minimum respect and trust between belligerents even in the turmoil of war. Indeed, it may be difficult to conceive of an operative or effective war convention at all without guarantees against and protections from perfidy. Yet most existing conceptions of perfidy, whether drawn from treaty, military legal doctrine, or legal scholarship, merely restate imprecise codifications or offer little more than a vague sensibility. This article offers detailed …
A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies
A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Regime In Need Of A Balance: The Un Counter-Terrorism Regime Between Security And Human Rights, Isaac Kfir
A Regime In Need Of A Balance: The Un Counter-Terrorism Regime Between Security And Human Rights, Isaac Kfir
Isaac Kfir
Since 9/11, the UN’s counter-terrorism regime has developed two distinct approaches on combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. The General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the application of UN policy …
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris
Andrew Norris
No abstract provided.
U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne
U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne
Allison Rogne
It is a well-established principle, both domestically and internationally, that rape is torture when suffered as part of confinement. It is also well documented, both domestically and internationally, that rape is rampant in U.S. prisons. And it is well established, both domestically and internationally, that those who torture should not do so with impunity, that that impunity is an affront to civilization and the human rights principles to which we all strive. And yet, in U.S. prisons, shocking numbers of women are systematically raped and sexually abused by those that would rehabilitate them. Female prisoners are victims of vaginal and …
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Craig Martin
For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …
Lawfulness Of And The Case For Combat Drone Against Terrorism, Heeyong D. Jang
Lawfulness Of And The Case For Combat Drone Against Terrorism, Heeyong D. Jang
Heeyong D Jang
The proliferation and use of unmanned combat aerial vehicles (UCAVs) since the September 11 attack triggered lively academic debates. The discussion thus far, often tainted by illegitimate ad bellum-in bello conflation, falls short of justifying the lawfulness and effectiveness of combat drones. Combat drones can successfully discharge its obligation under the four-pronged jus in bello test – distinction, proportionality, necessity, and humanity. Furthermore, this state-of-the-art technology helps to achieve five important policy objectives of fighting asymmetric warfare, combating insurgents who disregard the existing law, deterring further acts of terrorism, dodging improvised explosive devices, and avoiding more costly military actions.
Combatant Immunity In Non-International Armed Conflict, Past And Future, Rymn J. Parsons
Combatant Immunity In Non-International Armed Conflict, Past And Future, Rymn J. Parsons
Rymn J Parsons, Esq.
No abstract provided.
Targeting Killings Outside The Traditional Battlefield: The Legality Of Targeted Attacks On Transnational Armed Terrorists., Marti Sleister
Targeting Killings Outside The Traditional Battlefield: The Legality Of Targeted Attacks On Transnational Armed Terrorists., Marti Sleister
Marti Sleister
This paper asks whether traditional laws can evolve to protect citizens in the face of targeted killings on transnational-armed groups. The resolution analyzes how the current war methods fail to fit into the old mold of war; suggests what modifications could be made; and briefly discusses the fate of the laws of war should changes not occur. First, this paper will discuss the legal treaties defining and controlling the current laws of war, specifically, the Geneva Conventions and their Additional Protocols. Second, this paper will analyze how International Human Rights Law (IHRL) applies, particularly in light of the limitations of …
Direct Participation In Hostilities From Cyberspace, Collin Allan
Direct Participation In Hostilities From Cyberspace, Collin Allan
Collin Allan
As demonstrated by the cyber attacks against Georgia in 2008 and the cyber attacks against Aramco in 2012, civilians are increasing their participation in armed conflicts through cyber attacks. In 2009, the International Committee of the Red Cross (ICRC) published a document on how to determine when a civilian’s participation in armed conflict reaches the necessary level to render him or her targetable by one of the parties to the conflict. The Tallinn Manual was published this year to provide legal guidance in cyber situations. While professionals have written in this area previously, it is the first time that experts …
The Structure Of Law-Of-War Perfidy, Sean Watts
The Structure Of Law-Of-War Perfidy, Sean Watts
Sean Watts
The structural role of law-of-war perfidy is widely unappreciated and misunderstood. More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as a medium of exchange between combatants – a guarantee of minimum respect and trust between belligerents even in the turmoil of war. Indeed, it may be difficult to conceive of an operative or effective war convention at all without guarantees against and protections from perfidy. Through the late nineteenth and twentieth centuries, the prohibition of perfidy matured from a broad, customary notion of chivalry and honorable …
Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl
Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl
Mark A. Drumbl
In Rasul v. Bush, the Supreme Court held that U.S. district courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. In this paper, I explore what has happened since the Rasul decision: most notably, the introduction of combatant status review tribunals as a response to Rasul and the challenges that have been filed thereto and adjudicated in the federal courts (Khalid, In re Guantanamo Detainee Cases); the charges brought against certain detainees by military commissions and challenges to these commissions filed in the …
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Stephen P. Hoffman
This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures …