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Human Rights Law

International Law

Notre Dame Law School

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Full-Text Articles in Law

Ending The Excessive Use Of Force At Home And Abroad, Mary Ellen O'Connell Jan 2017

Ending The Excessive Use Of Force At Home And Abroad, Mary Ellen O'Connell

Journal Articles

In the mid-1980s the American Society of International Law (ASIL) launched an initiative to engage more women and minority members in the Society and international law more generally.' Professor Henry Richardson was there, encouraging all of the new aspirants, including me. He is still doing that, and this essay in his honor is an expression of gratitude, admiration, and affection. It develops themes Hank and I have both pursued for decades: human rights, peace and non-violence, and the promotion of international law and ASIL.


When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell Jan 2005

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

Journal Articles

It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …