Law Commons^™

Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli

University of Miami Law Review

Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …

‘I Will Control Your Mind’: The International Regulation Of Brain-Hacking, Thibault Moulin

San Diego International Law Journal

In the near future, the use of neurotechnologies—like brain-computer interfaces and brain stimulation—could become widespread. It will not only be used to help persons with disabilities or illness, but also by members of the armed forces and in everyday life (e.g., for entertainment and gaming). However, recent studies suggested that it is possible to hack into neural devices to obtain information, inflict pain, induce mood change, or influence movements. This Article anticipates three scenarios which may be challenging in the future—i.e., brain hacking for the purpose of reading thoughts, remotely controlling someone, and inflicting pain or death—and assesses their compliance …

Common Article 1 And The Duty To "Ensure Respect", Michael N. Schmitt, Sean Watts

International Law Studies

Common Article 1 to the four 1949 Geneva Conventions requires Parties to those instruments to “respect and to ensure respect for the present Convention in all circumstances.” The provision is a corollary to the general international legal obligation of States to honor their treaty commitments, expressed classically in the maxim pacta sunt servanda.

Yet, academics and private organizations now use Common Article 1 as a vehicle to reimagine States’ enforcement obligations under the Geneva Conventions. Reinterpreting the article beyond its original meaning, they claim the article includes an “external” obligation—a duty on the part of all States to use …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Examining The Role Of Law Of War Training In International Criminal Accountability, Laurie R. Blank

Utah Law Review

Training and dissemination of the fundamental rules and principles of law of armed conflict (LOAC) is the first step in any process to ensure lawful military operations. A soldier, a military unit, an entire military must know the rules and parameters for appropriate, lawful and effective action during armed conflict. In the same manner, accountability for violations of LOAC — whether individual criminal accountability or state responsibility — is an equally essential tool for enforcing the law. Exploring the intersection between these two endpoints of the spectrum of LOAC implementation highlights how training and accountability can actually work together to …

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

Sweden And Humanitarian Law, Atle Grahl-Madsen

Akron Law Review

Professor Jacob W.F. Sundberg's article on "Humanitarian Laws of Armed Conflict in Sweden: Ogling the Socialist Camp"' has neither head nor tail. When coming to the author's "conclusions" the reader is likely to be dumbfounded: he may not have realized that this was what the article was all about. Up to that point he has been introduced to a variety of matters, presented in a hodge-podge manner. The article is failing on its own "merits."

However, the article is full of innuendo, half-truths and untruths. If published at home, no one knowing the author and his ideas would have paid …

A Good Treaty, Thomas E. Mcmahon

Akron Law Review

Time and space do not permit me to comment on the many worthy provisions within Protocol 1, so I have chosen two articles in the Protocol which strike me as important in the light of my experience: 1) Article 26 - Medical Aircraft in Contact or Similar Zones, and 1I) Article 77 - Protection of Children.

Additional Protocol I: A Military View, Burrus M. Carnahan Usaf

Akron Law Review

This paper is intended to analyze Additional Protocol I from a military perspective. More specifically, it presents the views of a United States military officer (albeit an officer who is also a lawyer) on the Protocol.

To begin with, the Protocol, if ratified by the United States, would be taken seriously by our armed forces. It is United States policy to comply with the law of war in the conduct of military operations, and this body of law is regularly applied in American military courts. During the war in Southeast Asia, for example, 36 members of the U.S. Army were …

A Brief Analysis Of The 1977 Geneva Protocols, Hans-Peter Gasser

Akron Law Review

In analyzing the two 1977 Protocols additional to the Geneva Conventions for the protection of war victims one should never forget that they are not the product of a sudden inspiration. The first cornerstone for Protocol 1, on international armed conflicts, was laid in the early Fifties. The Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War, drawn up by the International Committee of the Red Cross (ICRC) and submitted to the Nineteenth International Red Cross Conference (New Delhi, 1957), were an unsuccessful attempt to improve the protection of the civilian population …

A Response To Douglas J. Feith's Law In The Service Of Terror - The Strange Case Of The Additional Protocol, Waldemar A. Solf

Akron Law Review

In the article mentioned in the title, Douglas J. Feith, Deputy Assistant Secretary of Defense for International Negotiation, characterizes the 1977 Protocol I Additional to the 1949 Geneva Conventions as a "pro-terrorist treaty masquerading as humanitarian law."

Prisoners Of War Under The 1977 Protocol I, Howard S. Levie

Akron Law Review

ARTICLE 1(4) of the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflict (Protocol 1), bringing national liberation movements within the ambit of the Protocol and thus making the conflicts in which they engage international in scope, was probably the most controversial provision adopted by the Diplomatic Conference which met in Geneva from 1974 to 1977. However, Article 44, which implements Article 1(4), has been the object of almost equal controversy. The purpose of this paper is to determine whether the objections to that article were and …

Conflicting Norms Of Intervention: More Variables For The Equation, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

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.

Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert

Georgia Journal of International & Comparative Law

No abstract provided.

Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper

Georgia Journal of International & Comparative Law

No abstract provided.

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall

Scholarly Works

With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …

Talking Foreign Policy: A Discussion On Cyber Warfare, Milena Sterio, Shannon French, Michael Newton, Peter Singer, Michael P. Scharf

Law Faculty Articles and Essays

Talking Foreign Policy is a one-hour radio program, hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf, in which experts discuss the salient foreign policy issues of the day. Dean Scharf created Talking Foreign Policy to break down complex foreign policy topics that are prominent in the day-to-day news cycles yet difficult to understand.

This broadcast featured:

• Peter Singer, Director of the Center for 21st Century Security and Intelligence, Brookings Institution
• Michael Newton, Professor of Law, Vanderbilt University
• Milena Sterio, Associate Professor of Law, Cleveland-Marshall College of Law
• Shannon French, Professor of Philosophy and Director of the …

The Laws Of War: An Examination Of The Legality Of Nato's Intervention In The Former Yugoslavia And The Role Of The European Court Of Human Rights In Redressing Claims For Civilian Casualties In War, Robert W. Stannard

Georgia Journal of International & Comparative Law

No abstract provided.

Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin

San Diego International Law Journal

These episodes in the history of international humanitarian law deserve to be recalled. They may challenge contemporary dogmas. They remind us that, just below the surface, claims for “humanitarian” principle remain disputable and uncertain, even in today’s world. What “everyone agrees” may not be right. It may not even be what everyone—even everyone of relevant experience and moral seriousness—actually agrees upon.

The exposition here proceeds in six parts. Part II describes the contemporary setting of the legal issue, in the “Basic Rule” of Additional Protocol I, highlighting that this rule has no counterpart in earlier conventions on the law of …

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.

The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves

International Law Studies

No abstract provided.

International Law And Cyber Threats From Non-State Actors, Laurie R. Blank

International Law Studies

No abstract provided.

Methods And Means Of Cyber Warfare, William H. Boothby

International Law Studies

No abstract provided.

The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson

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

International Law Studies

No abstract provided.

Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies

Law Faculty Scholarship

No abstract provided.

Detention In Non-International Armed Conflicts, Knut Dormann

International Law Studies

No abstract provided.

Concluding Remarks On Non-International Armed Conflicts, Yoram Dinstein

International Law Studies

No abstract provided.