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Articles 1 - 10 of 10
Full-Text Articles in Law
Targeted Killing: A Legal And Political History, Markus Gunneflo
Targeted Killing: A Legal And Political History, Markus Gunneflo
Markus Gunneflo
Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …
Protecting Environmental Hot Spots During And After Armed Conflict Through Multilateral Environmental Agreements, Britta Sjöstedt
Protecting Environmental Hot Spots During And After Armed Conflict Through Multilateral Environmental Agreements, Britta Sjöstedt
Britta Sjöstedt
In this paper I argue that areas of international environmental importance could be protected during and after armed conflict by utilizing the mechanisms established under Multilateral Environmental Agreements (MEAs), in particular the World Heritage Convention (WHC) and potentially also of the Convention on Wetlands of International Importance (Ramsar Convention). Most armed conflicts taking place today cause substantial environmental damage as a direct or indirect effect of the warfare. Also, indirect consequences of armed conflicts such as unsustainable exploitation of natural resources, massive flux of displaced persons, collapse of governmental control and infrastructure put additional pressure on sensitive ecosystems. The framework …
The Life And Times Of Targeted Killing, Markus Gunneflo
The Life And Times Of Targeted Killing, Markus Gunneflo
Markus Gunneflo
Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …
The Role Of Multilateral Environmental Agreements In Armed Conflict: “Green Keeping” In Virunga Park - Applying The Unesco World Heritage Convention In The Armed Conflict Of The Democratic Republic Of The Congo, Britta Sjöstedt
Britta Sjöstedt
No abstract provided.
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo
Markus Gunneflo
The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …
Excusing Behavior: Reclassifying The Federal Common Law Defenses Of Duress And Necessity Relying On The Victim’S Role (Draft), Monu S. Bedi
Excusing Behavior: Reclassifying The Federal Common Law Defenses Of Duress And Necessity Relying On The Victim’S Role (Draft), Monu S. Bedi
Monu S Bedi
This article presents a theory for classifying the affirmative defenses of duress and necessity that focuses on the role of the victim in the criminal act and ultimately categorizes both defenses as excused acts. Necessity typically involves a defendant arguing that he committed the crime in order to avoid a greater evil created by natural forces. Duress usually entails a defendant arguing that he committed the crime in order to avoid unlawful physical threats made by a third party. Most scholars categorize duress as an excuse (wrongful conduct where the defendant is still found not culpable based upon mitigating circumstances) …
The 21st-Century Veteran And The 19th-Century Pension Code: Why The Va Claims Process Is A Steam Engine In An E-Universe, Thomas Reed
Thomas J Reed
No abstract provided.
Remissvar: Till Betänkandet Sou 2010:72 Folkrätt I Väpnad Konflikt - Svensk Tolkning Och Tillämpning, Ulf Linderfalk, Gregor Noll, Matilda Arvidsson, Britta Sjöstedt
Remissvar: Till Betänkandet Sou 2010:72 Folkrätt I Väpnad Konflikt - Svensk Tolkning Och Tillämpning, Ulf Linderfalk, Gregor Noll, Matilda Arvidsson, Britta Sjöstedt
Britta Sjöstedt
No abstract provided.
Trojan Horse Bill Hurts Veterans It Purports To Help, Thomas Reed
Trojan Horse Bill Hurts Veterans It Purports To Help, Thomas Reed
Thomas J Reed
No abstract provided.
Winterthouhgts, Matilda Arvidsson