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Full-Text Articles in Law
Terrorism And The Use Of Force In International Law, Michael Schmitt
Terrorism And The Use Of Force In International Law, Michael Schmitt
International Law Studies
No abstract provided.
Kosovo: Virtual War And International Law, Aaron Schwabach
Kosovo: Virtual War And International Law, Aaron Schwabach
Faculty Scholarship
No abstract provided.
The Interface Of National Constitutional Systems With International Law And Institutions On Using Military Force: Changing Trends In Executive And Legislative Powers, Lori Fisler Damrosch
The Interface Of National Constitutional Systems With International Law And Institutions On Using Military Force: Changing Trends In Executive And Legislative Powers, Lori Fisler Damrosch
Faculty Scholarship
The perplexities of the twenty-first century over national decision-making in support of international security are an outgrowth of centuries-long trends concerning subordination of military power to constitutional control. Civilian control over the military has been inextricably connected with the strengthening of domestic constitutionalism and safeguards for citizens' liberties in many different democracies.
Along with the establishment of constitutional structures for regulating national military power, national constitutions have contributed to the evolution of contemporary international law prohibiting the use or threat of force in international relations. Milestones along this path begin with the French Constitution of 1791 – the first national …
Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters
Unexploded Bomb: Voice, Silence And Consequence At The Hague Tribunals -- A Legal And Rhetorical Critique, Timothy W. Waters
Articles by Maurer Faculty
This Article examines the decision by the ICTY Prosecutor not to investigate NATO's bombing campaign during the Kosovo war - and the Prosecutor's unusual decision to publish an Inquiry explaining its reasons. Many scholars have examined the Inquiry, but all have focused on its substantive legal analysis. This Article takes a different approach: It focuses on how the Prosecution reached the conclusion not to investigate. Using rhetorical analysis, it examines the Prosecution's decision-making mindset to see what that indicates about the shape of future international prosecutorial decision-making, including at the ICC.
There is no evidence that the Prosecution succumbed to …