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Full-Text Articles in Law
Hamdan, Lebanon, And The Regulation Of Hostilities, Geoffrey S. Corn
Hamdan, Lebanon, And The Regulation Of Hostilities, Geoffrey S. Corn
Vanderbilt Journal of Transnational Law
For more than fifty years following the 1949 revision of the Geneva Conventions, legal scholars, government experts, and military practitioners understood the articles that defined when the protections of these treaties came into force--Common Articles 2 and 3--as the exclusive criteria which triggered the laws of war. From these two articles emerged an "either/or" law-applicability paradigm: inter-state, or international, armed conflicts triggered the full corpus of the laws of war, whereas intra-state, or internal, armed conflicts triggered the limited humanitarian protection reflected in the terms of Common Article 3. Because many military operations during the past two decades did not …
Human Dignity In The Line Of Fire: The Application Of International Human Rights Law During Armed Conflict, Occupation, And Peace Operations, John Cerone
Vanderbilt Journal of Transnational Law
One of the most controversial and politically charged issues in current human rights discourse is whether and to what extent states are bound by human rights obligations with respect to the conduct of their armed forces abroad in armed conflict, occupation, and peace operations. Underlying the controversy are a number of complex legal questions, several of which have eluded definitive resolution. Chief among these questions is whether individuals affected by the conflict are among those whose rights states are obliged to secure. Answering these questions is further complicated in situations of collective action, giving rise to such questions as whether …