Law Commons^™

Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli

University of Miami Law Review

Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …

The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai

Loyola of Los Angeles Law Review

The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …

The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu

International Law Studies

No abstract provided.

An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline

San Diego International Law Journal

This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …

An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin

International Law Studies

No abstract provided.

Methods And Means Of Naval Warfare In Non-International Armed Conflict, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper

International Law Studies

No abstract provided.

Xvi Litigating How We Fight, Ashley S. Deeks

International Law Studies

No abstract provided.

The Changing Character Of Public Legal Scrutiny Of Operations, Rob Mclaughlin

International Law Studies

No abstract provided.

Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney

International Law Studies

No abstract provided.

Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi

Human Rights & Human Welfare

Ten years after the September 11th attacks in the United States and the military campaign in Afghanistan, there is some good news, but unfortunately still much bad news pertaining to women in Afghanistan. The patterns of politics, security/military operations, religious fanaticism, heavily patriarchal structures and practices, and ongoing insurgent violence continue to threaten girls and women in the most insidious ways. Although women’s rights and freedoms in Afghanistan have finally entered the radar screen of the international community’s consciousness, they still linger in the margins in many respects.

Socio-cultural and extremist religious elements continue to pose serious obstacles to reconstruction …

Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens

International Law Studies

No abstract provided.

The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren

International Law Studies

No abstract provided.

A Human Rights-Oriented Approach To Military Operations, Federico Sperotto

Human Rights & Human Welfare

Counterinsurgency is the dominant aspect of US operations in Afghanistan, and since ISAF—the NATO-led security and assistance force—has assumed growing security responsibility throughout the country, it is also a mission for the Europeans.1 The frame in which military operations are conducted is irregular warfare, a form of conflict which differs from conventional operations in two main aspects. First, it is warfare among and within the people. Second, it is warfare in which insurgents avoid a direct military confrontation, using instead unconventional methods and terrorist tactics.

© Federico Sperotto. All rights reserved.

This paper may be freely circulated in electronic or …

Afghanistan And International Security, Adam Roberts

International Law Studies

No abstract provided.

Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn

International Law Studies

No abstract provided.

The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy

International Law Studies

No abstract provided.

Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper

International Law Studies

No abstract provided.

Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy

International Law Studies

No abstract provided.

Afghanistan And The Nature Of Conflict, Charles Garraway

International Law Studies

No abstract provided.

Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis

International Law Studies

No abstract provided.

Afghanistan Legal Lessons Learned: Army Rule Of Law Operations, Eric Talbot Jensen, Amy M. Pomeroy

International Law Studies

No abstract provided.

Starting From Here, Ashley R. Deeks

International Law Studies

No abstract provided.

Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry

International Law Studies

No abstract provided.

Preemption By Armed Force Of Trans-Boundry Terrorist Threats: The Russian Perspective, Bakhtiyar R. Tuzmukhamedov

International Law Studies

No abstract provided.

War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy

International Law Studies

No abstract provided.

Liberation And Occupation: A Commander's Perspective, Fabio Mini

International Law Studies

No abstract provided.

The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller

International Law Studies

No abstract provided.

Jus In Bello Issues Arising In The Hostilities In Iraq In 2003, Yoram Dinstein

International Law Studies

No abstract provided.

Enforcing The Law, John F. Murphy

International Law Studies

No abstract provided.