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Full-Text Articles in Law
Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard
Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard
International Law Studies
This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.
Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner
Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner
International Law Studies
Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
International Law Studies
The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …
Mapping War Crimes In Syria, Beth Van Schaak
Mapping War Crimes In Syria, Beth Van Schaak
International Law Studies
This article maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction and which perpetrators may be made subject to indictment. The article next focuses on some open legal and factual issues around certain …
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
International Law Studies
In Al-Saadoon and Others v. Secretary of State for Defence, the High Court of Justice of England and Wales has found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially simply through the use by State agents of physical force against an individual. This article explains the judgment and places it in the context of the development of the law both in the United Kingdom and at the European Court of Human Rights (ECtHR). While it remains subject to appeal domestically and its approach may not be followed by the ECtHR, …
Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman
Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman
International Law Studies
What does the law of armed conflict say about detention in non-international armed conflict? Is the law “utterly silent,” as some contend, with respect to the grounds for detention—regulating who may be confined and for what status or behavior? And do the in bello rules provide a source of affirmative authority that empowers belligerents to engage in detention? How those questions are resolved and, in particular, the basis for reaching the conclusions may have unintended consequences for the regulation of warfare. This article contends that the laws of war regulate the grounds for detention but do not authorize detention in …
Is There A Way Out Of The Non-International Armed Conflict Detention Dilemma?, Gabor Rona
Is There A Way Out Of The Non-International Armed Conflict Detention Dilemma?, Gabor Rona
International Law Studies
Detention in non-international armed conflicts (NIACs, or wars fought between States and non-State armed groups) is a time-honored military and humanitarian necessity. And yet, the principles of sovereignty, the texts of the law of armed conflict and international human rights law and the historical record leave little doubt: international law recognizes no inherent detention power in such wars. As long as NIACs were purely internal civil wars, there was little basis to question the exclusive role of domestic law in regulating detention of the enemy. With the advent of transnational NIACs, such as the war in Afghanistan involving multi-national forces …
Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey
Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey
International Law Studies
In recent years, the United Kingdom has seen a steady flow of legal challenges arising out of its involvement in the armed conflicts in Afghanistan and Iraq. Among these, the case of Serdar Mohammed, decided by the English High Court in May 2014, is of particular interest because of its wider implications. In essence, the High Court’s judgment in Mohammed questions the existence of a legal basis under the law of armed conflict for the conduct of status-based operations in non-international armed conflicts. This article demonstrates that the restrictive approach adopted by the High Court in Mohammed is mistaken as …
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
International Law Studies
No abstract provided.
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
International Law Studies
No abstract provided.
Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper
Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper
International Law Studies
No abstract provided.
Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson
Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson
International Law Studies
No abstract provided.
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
International Law Studies
No abstract provided.
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
International Law Studies
No abstract provided.
Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii
Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii
International Law Studies
No abstract provided.
Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin
Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin
International Law Studies
No abstract provided.
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
Military Commissions - Kangaroo Courts?, Charles H.B. Garraway
International Law Studies
No abstract provided.
Full Volume 80: Issues In International Law And Military Operations
Full Volume 80: Issues In International Law And Military Operations
International Law Studies
No abstract provided.