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Full-Text Articles in Law
Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque
Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque
International Law Studies
The United States Department of Defense Law of War Manual misrepresents customary international law governing target selection, precautions in attack and proportionality. Contrary to the Manual’s assertions, attackers with a choice of targets for obtaining a similar military advantage must select the target that endangers the fewest civilians; often must avoid harming civilians even at some additional risk to themselves or to their mission; and must refrain from attack if the expected harm to civilians—including to civilians forced to serve as human shields—would be excessive in relation to the anticipated military advantage.
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
International Law Studies
The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …
State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts
State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts
International Law Studies
International humanitarian law has developed through a pluralistic process. Its history reveals a pattern of rough proportionality between State opinio juris and non-State expressions of law. These diverse sources have maintained a respectable yet realistic balance between humanity and military necessity. However, current IHL dialogue presents a stark contrast to the vibrant and pluralistic exchanges of the past. The substantive input of non-State actors such as non-governmental organizations, tribunals, and scholars far outpaces the work of States. Parity of input, especially in quantitative terms, is surely too much to demand and surely not necessary given the special status of State …
Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan
Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan
International Law Studies
No abstract provided.
Cyber Attacks: Proportionality And Precautions In Attack, Eric Talbot Jensen
Cyber Attacks: Proportionality And Precautions In Attack, Eric Talbot Jensen
International Law Studies
No abstract provided.
Classification Of Cyber Conflict, Michael N. Schmitt
Classification Of Cyber Conflict, Michael N. Schmitt
International Law Studies
No abstract provided.
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn
International Law Studies
No abstract provided.
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt
International Law Studies
No abstract provided.
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen
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.
Detention In Non-International Armed Conflicts, Knut Dormann
Detention In Non-International Armed Conflicts, Knut Dormann
International Law Studies
No abstract provided.
Cyber Operations And The Jus In Bello: Key Issues, Michael N. Schmitt
Cyber Operations And The Jus In Bello: Key Issues, Michael N. Schmitt
International Law Studies
No abstract provided.
Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson
Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson
International Law Studies
No abstract provided.
The Changing Character Of The Participants In War: Civilianization Of Warfighting And The Concept Of "Direct Participation In Hostilities", Charles Garraway
The Changing Character Of The Participants In War: Civilianization Of Warfighting And The Concept Of "Direct Participation In Hostilities", Charles Garraway
International Law Studies
No abstract provided.
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
International Law Studies
No abstract provided.
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
International Law Studies
No abstract provided.
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
International Law Studies
No abstract provided.
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
International Law Studies
No abstract provided.
Targeting And International Humanitarian Law In Afghanistan, Michael N. Schmitt
Targeting And International Humanitarian Law In Afghanistan, Michael N. Schmitt
International Law Studies
No abstract provided.
Legal Issues In Forming The Coalition, Alan Cole
Legal Issues In Forming The Coalition, Alan Cole
International Law Studies
No abstract provided.
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
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.
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
Distinction And Loss Of Civilian Protection In International Armed Conflicts, Yoram Dinstein
International Law Studies
No abstract provided.
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
International Law Studies
No abstract provided.
Starting From Here, Ashley R. Deeks
Austrialian Defense Experience With Non-Government Organizations In Humanitarian Assistance And Disaster Relief Operations, Evan Carlin
International Law Studies
No abstract provided.
Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii
Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii
International Law Studies
No abstract provided.
The Icrc Customary International Humanitarian Law Study, Yoram Dinstein
The Icrc Customary International Humanitarian Law Study, Yoram Dinstein
International Law Studies
No abstract provided.
Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts
Teaching The Law Of Armed Conflict To Armed Forces: Personal Reflections, David Lloyd Roberts
International Law Studies
No abstract provided.
War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy
War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy
International Law Studies
No abstract provided.