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Articles 1 - 30 of 43
Full-Text Articles in Law
Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli
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 Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson
The Faces Of War: Reintroducing Women's Narratives In War, Robin Makena Peterson
CMC Senior Theses
Women take part in every war, but their accomplishments are mostly unacknowledged in the thousands of war stories told in the aftermath which tend to valorize men’s contributions as political leaders and soldiers. This erasure of women’s experience’s and agency in war holds true for war in Afghanistan, as well. This thesis identifies the gendered narratives told in books, movies, television shows, and the media but then offers, in contrast, narratives of Afghan and American women’s action during the forty years of war in Afghanistan. By sharing and contextualizing women’s stories, this paper strikes a blow against women’s erasure from …
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak
The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs …
Faroosh And Elina, Faroosh, Elina, Tsos
Faroosh And Elina, Faroosh, Elina, Tsos
TSOS Interview Gallery
Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …
Fawad And Zakeela, Fawad, Zakeela, Tsos
Fawad And Zakeela, Fawad, Zakeela, Tsos
TSOS Interview Gallery
Fawad and his wife, Zakeela, have three children. Zakeela was a beautician, and Fawad was a singer in the Baghlan district in Afghanistan. The music he produced was not in accordance with the strict restrictions of the Taliban. They threatened his life and assaulted him many times, so he decided to leave with his family to Kabul. Fawad’s day job was as an FM radio producer; at night, he moonlighted as a singer and musician. He produced music for ceremonies and weddings, often performing for the women’s part, which the Taliban did not accept. Eventually, his life was again threatened, …
Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos
Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos
TSOS Interview Gallery
Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threats from ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by an elder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the …
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
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 …
Twilight In Afghanistan: An Introduction, Feisal Amin Istrabadi, Sumit Ganguly
Twilight In Afghanistan: An Introduction, Feisal Amin Istrabadi, Sumit Ganguly
Articles by Maurer Faculty
No abstract provided.
The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks
The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks
Faculty Journal Articles and Book Chapters
2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.
The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu
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
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 …
Methods And Means Of Naval Warfare In Non-International Armed Conflict, Wolff Heintschel Von Heinegg
Methods And Means Of Naval Warfare In Non-International Armed Conflict, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin
An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin
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
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
Xvi Litigating How We Fight, Ashley S. Deeks
International Law Studies
No abstract provided.
Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney
Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney
International Law Studies
No abstract provided.
The Changing Character Of Public Legal Scrutiny Of Operations, Rob Mclaughlin
The Changing Character Of Public Legal Scrutiny Of Operations, Rob Mclaughlin
International Law Studies
No abstract provided.
Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi
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 …
The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren
The "Fog Of Law": The Law Of Armed Conflict In Operation Iraqi Freedom, Marc Warren
International Law Studies
No abstract provided.
Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens
Counterinsurgency And Stability Operations: A New Approach To Legal Interpretation, Dale Stephens
International Law Studies
No abstract provided.
A Human Rights-Oriented Approach To Military Operations, Federico Sperotto
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 The Nature Of Conflict, Charles Garraway
Afghanistan And The Nature Of Conflict, Charles Garraway
International Law Studies
No abstract provided.
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
International Law Studies
No abstract provided.
Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper
Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper
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
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.
Afghanistan Legal Lessons Learned: Army Rule Of Law Operations, Eric Talbot Jensen, Amy M. Pomeroy
Afghanistan Legal Lessons Learned: Army Rule Of Law Operations, Eric Talbot Jensen, Amy M. Pomeroy
International Law Studies
No abstract provided.
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
International Law Studies
No abstract provided.
Afghanistan And International Security, Adam Roberts
Afghanistan And International Security, Adam Roberts
International Law Studies
No abstract provided.
Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis
Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis
International Law Studies
No abstract provided.
Starting From Here, Ashley R. Deeks