Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 33
Full-Text Articles in Law
The Human Dimension Of Peace And Aggression, Chiara Redaelli
The Human Dimension Of Peace And Aggression, Chiara Redaelli
International Law Studies
Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …
Detention By Armed Groups Under International Law, Andrew Clapham
Detention By Armed Groups Under International Law, Andrew Clapham
International Law Studies
Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
International Law Studies
Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …
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 …
The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin
The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin
International Law Studies
Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through …
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.
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 Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
International Law Studies
No abstract provided.
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
International Law Studies
No abstract provided.
Rule Of Law Capacity Building In Iraq, Richard Pregent
Rule Of Law Capacity Building In Iraq, Richard Pregent
International Law Studies
No abstract provided.
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
International Law Studies
No abstract provided.
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
International Law Studies
No abstract provided.
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
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.
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
International Law Studies
No abstract provided.
Starting From Here, Ashley R. Deeks
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.
Full Volume 84: International Law And Military Operations (2008)
Full Volume 84: International Law And Military Operations (2008)
International Law Studies
No abstract provided.
Full Volume 83: Global Legal Challenges: Command Of The Commons, Strategic Communications, And Natural Disasters
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.
Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force
Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force
International Law Studies
No abstract provided.
Treatment And Interrogation Of Detained Persons, David E. Graham
Treatment And Interrogation Of Detained Persons, David E. Graham
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.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
On Genocide, Anthony D'Amato
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
International Law Studies
No abstract provided.