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Full-Text Articles in Law
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.
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Articles by Maurer Faculty
War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron
CMC Senior Theses
The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …