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Full-Text Articles in Law
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
International Law Studies
The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …
Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury
Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury
International Law Studies
The deliberate destruction by ISIS of religious and cultural property in both Syria and Iraq sparked widespread international condemnation and was described by UNESCO’s Director-General as constituting war crimes. Regrettably, the damage to and destruction of such property has become an all too common feature of the conflicts that have engulfed both States. The authors examine the legal obligations that apply to the parties in non-international armed conflict and the consequences of non-compliance. In light of the scale of the human suffering engendered by the conflicts, the authors first ask why international law protects such property in armed conflict.
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 …
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
International Law Studies
This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.
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.
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson
International Law Studies
No abstract provided.
The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns
The International Humanitarian Law Classification Of Armed Conflicts In Iraq Since 2003, David Turns
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.