Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The Icrc Customary International Humanitarian Law Study, Yoram Dinstein
The Icrc Customary International Humanitarian Law Study, Yoram Dinstein
International Law Studies
No abstract provided.
Military Commissions: Old Laws For New Wars, William K. Lietzau
Military Commissions: Old Laws For New Wars, William K. Lietzau
International Law Studies
No abstract provided.
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
ExpressO
This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.
From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf
From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf
Faculty Publications
In the spring and summer of 2003, the United States offered exile in lieu of invasion and prosecution to two rogue leaders accused of committing international crimes - Iraqi President Saddam Hussein (who declined) and Liberian President Charles Taylor (who accepted). In this essay, the author argues that the offer to Hussein was inappropriate, as it violated international treaties requiring prosecution, but that the offer to Taylor was permissible under international law. The essay examines the costs and benefits of amnesty and exile-for-peace deals and the limited nature of the international duty to prosecute. Where the duty to prosecute does …
When Courts Make Law: How The International Criminal Tribunals Recast The Laws Of War, Allison M. Danner
When Courts Make Law: How The International Criminal Tribunals Recast The Laws Of War, Allison M. Danner
Vanderbilt Law Review
This Article argues that states often tacitly delegate lawmaking authority and that the Security Council did so in the case of the Tribunals. Although the historical record cannot definitely prove its validity, this hypothesis is supported by evidence from other international courts that lawmaking by international judiciaries is widespread and accepted by states, even if formally proscribed. The Article suggests that states do not acknowledge this delegation, however, in order both to perpetuate the fiction of state hegemony over international norm generation and to provide a shield behind which international courts can make law without suffering paralyzing political pressure that …