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Articles 1 - 6 of 6

Full-Text Articles in Law

International Humanitarian Law Divergence, Lesley Wexler Jul 2015

International Humanitarian Law Divergence, Lesley Wexler

Pepperdine Law Review

How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …


Enforcement: The Difference Between The Laws Of War And The Geneva Conventions, Richard L. Fruchterman Jr. Apr 2015

Enforcement: The Difference Between The Laws Of War And The Geneva Conventions, Richard L. Fruchterman Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction To Panel Ii: Humanitarian Law: The Lincoln-Lieber Initiative, George D. Haimbaugh Jr. Apr 2015

Introduction To Panel Ii: Humanitarian Law: The Lincoln-Lieber Initiative, George D. Haimbaugh Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern Apr 2015

Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern

All Faculty Scholarship

Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Cyberwarfare occupies an ambiguous status in the conventions of the laws of war. This book addresses Ethical and legal issues surrounding cyberwarfare by considering whether the Laws of Armed Conflict apply to cyberspace and the ethical position of cyberwarfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal …


Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer Feb 2015

Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Thinking And The Laws Of War, David Luban Jan 2015

Human Rights Thinking And The Laws Of War, David Luban

Georgetown Law Faculty Publications and Other Works

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.”

Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is …