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Full-Text Articles in Law
Law Of War Developments Issue Introduction, David Glazier
Law Of War Developments Issue Introduction, David Glazier
Loyola of Los Angeles Law Review
No abstract provided.
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Loyola of Los Angeles Law Review
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko
University of Massachusetts Law Review
Nine years after the unprecedented terrorist attacks on September 11, judicial response to various governmental and individual methods of combating terrorism remains deferential and restrained. The courts have heard at least three types of cases brought by advocates for three distinct groups: the alleged perpetrators of terrorism; the victims of terrorist attacks; and third party humanitarian groups. Implicit in the practical question of how to deal effectively with terrorism is the broader consideration which Congress, the President and others must also address: how to respond to the terrorists’ extreme human rights violations without violating international human rights norms and international …
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
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.
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
University of Arkansas at Little Rock Law Review
No abstract provided.
De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke
De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke
San Diego International Law Journal
The Military Commissions Act of 2006 (MCA) marked the high tide and endgame for hiding torture. It's unraveling did more to uncover the Bush administration's secret interrogation practices than did the political change in Washington. International and domestic backlash against the government's embrace of harsh interrogation techniques, frequently rising to the level of torture, also played a role. However, the Supreme Court's decisions ending in Boumediene v. Bush played the decisive role. Boumediene, and the Supreme Court decisions that led up to it, made inevitable that which politics had left contingent and reversible. It also provided legal and political cover.
Afghanistan And The Nature Of Conflict, Charles Garraway
Afghanistan And The Nature Of Conflict, Charles Garraway
International Law Studies
No abstract provided.
Starting From Here, Ashley R. Deeks
Coaltion Operations And The Law, M.H. Macdougall
Coaltion Operations And The Law, M.H. Macdougall
International Law Studies
No abstract provided.
The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner
The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner
ILSA Journal of International & Comparative Law
As images of recent bombings in subways and buses in London on July 7, 2005 make their way across newspapers and news stations internationally, the international community relives the atrocious images of the attacks on New York's World Trade Center and is reminded that the threat of terrorism has not vanished
El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner
El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner
ILSA Journal of International & Comparative Law
Mientras las imigenes de los recientes bombardeos producidos en ferrocarriles subterfineos y autobuses en Londres el 7 de julio del 2005 aparecen en peri6dicos y estaciones de noticias alrededor del mundo, la comunidad intemacional revive las imigenes atroces de los atentados terroristas del once de septiembre contra las torres gemelas de Nueva York hacidndoles recordar que la amenaza del terrorismo no ha desaparecido.'
Maltreatment Of Prisoners Of War In Vietnam, Howard Levie
Maltreatment Of Prisoners Of War In Vietnam, Howard Levie
International Law Studies
First published in 48 Boston University Law Review 323 (1968)
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Michigan Journal of International Law
This paper addresses Article 36 of the Vienna Convention on Consular Relations, a treaty provision which is often violated by the United States.
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Antioch Law Journal
Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …