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Full-Text Articles in Law
Remodeling The Fruitless Link Between The Security Council And The International Criminal Court: Why Amending The Un Charter Could Be The Greatest Tribute International Politics Has Ever Paid To International Law, Mickey Isakoff
Et Cetera
Established in 2002, the International Criminal Court (“ICC”) has become a symbolic cornerstone of international criminal jurisprudence—prosecuting and convicting individuals for the commission of genocide, crimes against humanity, war crimes, and crimes of aggression—collectively referred to as atrocity crimes.
One way the ICC can lawfully exercise jurisdiction is by referral—in the form of a resolution—from the UN Security Council. The language of Charter of the United Nations and the Rome Statute collaborate to provide an avenue for the Security Council to grant the ICC jurisdiction over atrocity crime situations. Such resolutions grant the ICC full jurisdiction over the suspected …
The War In Ukraine And Legal Limitations On Russian Vetoes, Anne Peters
The War In Ukraine And Legal Limitations On Russian Vetoes, Anne Peters
Articles
A veto exercised by a permanent member of the UN Security Council to shield that state’s own manifest and prima facie aggression from condemnation and collective action by the Council is legally flawed. The UN Charter can be reasonably interpreted as prohibiting such a veto and depriving it of legal force. This flows from Article 27(3) of the Charter, in conjunction with the prohibition of the abuse of rights, as a manifestation of the principle of good faith, and the obligation to respect the right to life, against the background that the prohibition has the status of jus cogens. These …
The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra
The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra
International Law Studies
The release of the UN Security Council from the “veto chains” that characterized the Cold War has led it to intensively engage in a wide spectrum of conflicts and issues. This expanded activity has peaked around its “global legislation” attempts. Although often used in the legal literature, this term is vague and contested. Scholarly work occasionally discusses the Council’s alleged global legislation, but without initially offering a proper working definition of the term. Arguments both for and against are frequently laid incoherently and can roughly be divided into two types: those assessing the Council’s authority to engage in global legislation, …
The International Criminal Court And The Security Council: Ten Years Of Coexistence Or Conflict?, Mohamed Hasan Alqassimi
The International Criminal Court And The Security Council: Ten Years Of Coexistence Or Conflict?, Mohamed Hasan Alqassimi
UAEU Law Journal
The important role that was hoped to be done by the International Criminal Court requires us to look at the actual practice it has undertaken during the last ten years, and assess the extent to which it had managed to live up to the expectations that were prevalent when it was established, particularly, its role in eliminating the idea of immunity and impunity punishment, which has long been an obstacle to the development of the international criminal system. This paper mainly evaluates the work of the International Criminal Court, particularly in determining the scope of its relationship to the UN …
Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter
Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter
Georgia Journal of International & Comparative Law
No abstract provided.
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
The Function Of The International Court Of Justice In The World Community, Sir Francis Vallat
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On The Law Of Individual And Collective Self-Defense, Cary Yates, Lindsey Back
Discussion On The Law Of Individual And Collective Self-Defense, Cary Yates, Lindsey Back
Georgia Journal of International & Comparative Law
No abstract provided.
Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute
Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute
Georgia Journal of International & Comparative Law
No abstract provided.
Transfer Of Arms To Combatants And The Control Of Force: The Arab-Israeli Case, David P. Forsythe
Transfer Of Arms To Combatants And The Control Of Force: The Arab-Israeli Case, David P. Forsythe
Georgia Journal of International & Comparative Law
No abstract provided.
Interpreting Intervention, Craig Scott
Interpreting Intervention, Craig Scott
Craig M. Scott
The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …
Contracting Stability: The Potential Use Of Private Military Contractors As A United Nations Rapid Reaction Force, Jared Genser
Contracting Stability: The Potential Use Of Private Military Contractors As A United Nations Rapid Reaction Force, Jared Genser
Jared Genser
In June 2015, the High-Level Independent Panel on Peace Operations established by United Nations Secretary-General Ban Ki-moon and chaired by former East Timor President José Ramos-Horta, published its comprehensive review of UN Peacekeeping Operations. The Panel observed that it takes an average of six months from when a peacekeeping mission is authorized by the United Nations Security Council to when it is deployed. It further explained that although rapid and effective deployment comes at a cost, responding more quickly saves lives and can avoid a larger, more costly response later. In asking the Secretary-General to develop options for a new …
Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey
Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey
International Law Studies
In recent years, the United Kingdom has seen a steady flow of legal challenges arising out of its involvement in the armed conflicts in Afghanistan and Iraq. Among these, the case of Serdar Mohammed, decided by the English High Court in May 2014, is of particular interest because of its wider implications. In essence, the High Court’s judgment in Mohammed questions the existence of a legal basis under the law of armed conflict for the conduct of status-based operations in non-international armed conflicts. This article demonstrates that the restrictive approach adopted by the High Court in Mohammed is mistaken as …
Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo
Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo
Georgia Journal of International & Comparative Law
No abstract provided.
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Georgia Journal of International & Comparative Law
No abstract provided.
Civilians And Armed Conflict, Rosa Brooks
Civilians And Armed Conflict, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
We tend to view concern with the protection of civilians as a relatively recent development within the Security Council: a product of the late 20th century genocides and ethnic cleansing campaigns in Rwanda and the Balkans. But while it is indeed true that the Council’s first thematic resolution directly addressing “protection of civilians” was not passed until 1999—and also true, unfortunately, that Security Council civilian protection efforts have yet to move beyond the sporadic and inconsistent—the Council has always concerned itself with civilian protection. Indeed, the history of the Security Council itself (as well as the history of the United …
Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss
Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss
International Law Studies
No abstract provided.
Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White
Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White
All Faculty Scholarship
This is a panel discussion between Pierre Prosper, attorney at Arent Fox LLP and William Burke White, Deputy Dean at the University of Pennsylvania School of Law, comparing the approaches and priorities of U.S. presidential candidates Barack Obama and Mitt Romney regarding foreign policy.
Was The 2003 Invasion Of Iraq Legal?, Andru E. Wall
Was The 2003 Invasion Of Iraq Legal?, Andru E. Wall
International Law Studies
No abstract provided.
Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman
Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman
Faculty Scholarship
The collective international failure to stop genocidal violence and resulting humanitarian catastrophe in Sudan prompts the familiar question of whether the United States or, more broadly, the international community has the political will and capabilities necessary to deter or stop mass atrocities. It is well understood that mobilizing domestic and international political support as well as leveraging diplomatic, economic, and maybe even military tools are necessary to stop mass atrocities, though they may not always be enough. Other studies have focused, therefore, on what steps the United States and its international partners could take to build capabilities of the sort …
Babes With Arms: International Law And Child Soldiers, Timothy Webster
Babes With Arms: International Law And Child Soldiers, Timothy Webster
Faculty Publications
This article examines advances in preventing children from participating in armed conflict. It references international human rights treaties, UN Security Council resolutions and jurisprudence from international courts to chart the course by which recruiting child soldiers became an international crime. At the same time, it calls on UN bodies – and the states that comprise them – to implement some of the many resolutions and veiled threats leveled at various groups and militias that use child soldiers.
The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg
The Current State Of The Law Of Naval Warfare: A Fresh Look At The San Remo Manual, Wolff Heintschel Von Heinegg
International Law Studies
No abstract provided.
Agora (Continued): Future Implications Of The Iraq Conflict: Editors' Note, Lori Fisler Damrosch, Bernard H. Oxman
Agora (Continued): Future Implications Of The Iraq Conflict: Editors' Note, Lori Fisler Damrosch, Bernard H. Oxman
Faculty Scholarship
This Agora continues the discussion of future implications of the Iraq conflict begun in the previous issue of the Journal. While the contributions to the first installment of the Agora concentrated mainly on the decision to initiate combat against Iraq in spring 2003 and the implications thereof for the restraints on use of force in the UN Charter and customary international law, the present pieces shift the focus to the management of the transition within Iraq in the aftermath of the military intervention.
Agora: Future Implications Of The Iraq Conflict: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Agora: Future Implications Of The Iraq Conflict: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Faculty Scholarship
The military action against Iraq in spring 2003 is one of the few events of the UN Charter period holding the potential for fundamental transformation, or possibly even destruction, of the system of law governing the use of force that had evolved during the twentieth century. As with the great debates surrounding U.S. involvement in the two world wars, the establishment of the United Nations, and the challenges to UN Charter norms during the Cold War, this Journal seeks to provide a forum for reasoned and respectful treatment of legal issues that have aroused fierce passions.
Propositions On The Law Of War After The Kosovo Campain, Ruth Wedgewood
Propositions On The Law Of War After The Kosovo Campain, Ruth Wedgewood
International Law Studies
No abstract provided.
Interpreting Intervention, Craig Scott
Interpreting Intervention, Craig Scott
Articles & Book Chapters
The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …
The Election Of Thomas Buergenthal To The International Court Of Justice, Lori Fisler Damrosch
The Election Of Thomas Buergenthal To The International Court Of Justice, Lori Fisler Damrosch
Faculty Scholarship
For the first time since 1981, a new judge of United States nationality has taken office at the International Court of Justice. As the method for selection of this important judicial post is little known even within the international law profession, a brief note on how that process unfolded in 1999-2000 should be of interest to the Court's constituency.
Implementation Of The Laws Of War In Late-Twentieth-Century Conflicts, Adam Roberts
Implementation Of The Laws Of War In Late-Twentieth-Century Conflicts, Adam Roberts
International Law Studies
No abstract provided.
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
LLM Theses and Essays
The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …