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Articles 1 - 11 of 11
Full-Text Articles in Law
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Why Declarations Of War Matter, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.
No Good Options Against Isis Barbarism? Human Shields In 21st Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
One of the most vexing conundrums of 21st century warfare has been not just the explosive growth in the use of human shields, but the apparent systemization of the tactic, particularly by nonstate actors. In noting the international prohibition, the International Committee of the Red Cross (ICRC) defines the practice as the “intentional co-location of military objectives and civilians or persons hors de combat with the specific intent of trying to prevent the targeting of those military objectives.”
Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith
Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith
Faculty Scholarship
No abstract provided.
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
American Military Culture And Civil-Military Relations Today, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Presidential War Powers As A Two-Level Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith
Faculty Scholarship
There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allows the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be two distinct levels of legal doctrine. This Article, by contrast, considers these two levels of doctrine together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels …
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
The Dod Law Of War Manual And Its Critics: Some Observations, Charles J. Dunlap Jr.
Faculty Scholarship
The U.S. Department of Defense’s (DoD) new Law of War Manual has generated serious debate about its treatment of a variety of issues including human shields, the status of journalists, cyber operations, the precautions to be taken prior to attacks and even the role of honor in war. Although this article does not purport to be a comprehensive response to every critique of the Manual and, indeed, cites opportunities for its improvement, it nevertheless concludes that on balance the Manual provides an excellent, comprehensive and much-needed statement of DoD’s view of the lex lata of the law of war.
Military Justice, Charles J. Dunlap Jr.
Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby
Feminism And International Law In The Post 9/11 Era, Jayne C. Huckerby
Faculty Scholarship
No abstract provided.
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Accountability And Autonomous Weapons: Much Ado About Nothing?, Charles J. Dunlap Jr.
Faculty Scholarship
This purpose of this essay is to critique a 2015 report entitled Mind the Gap: The Lack of Accountability for Killer Robots by Human Rights Watch (HRW) produced with the assistance of the Harvard Law School’s International Human Rights Clinic (IHRC). The HRW/IHRC paper attempted to establish that autonomous weapons should be banned because, they claim, “neither criminal law nor civil law guarantees adequate accountability for individuals directly or indirectly involved in the use of fully autonomous systems.” Contrary to HRW/IHRC assertions, this article maintains that although no one can “guarantee” accountability, there are sufficient legal tools to do so …
Autonomous Weapons Systems And Transparency: Towards An International Dialogue, Sarah Knuckey
Autonomous Weapons Systems And Transparency: Towards An International Dialogue, Sarah Knuckey
Faculty Scholarship
The international debate around autonomous weapons systems (AWS) has addressed the potential ethical, legal and strategic implications of advancing autonomy, and analysis has offered myriad potential concerns and conceivable benefits. Many consider autonomy in selecting and engaging targets to be potentially revolutionary, yet AWS developments are nascent, and the debates are, in many respects and necessarily, heavily circumscribed by the uncertainty of future developments. In particular, legal assessments as to whether AWS might be used in compliance with the conduct of hostilities rules in international humanitarian law (IHL) are at present largely predicated upon a forecast of future facts, including …
A Response To Professor Rascoff's Presidential Intelligence, Philip C. Bobbitt
A Response To Professor Rascoff's Presidential Intelligence, Philip C. Bobbitt
Faculty Scholarship
Professor Samuel Rascoff’s Presidential Intelligence reflects both the conceptual and research strengths of the author, which are formidable, and the practical difficulties of intelligence reform, which are no less so. Rascoff is certainly right that to be effective – in the still-unfolding constitutional environment that must contend with terror groups armed with unprecedented weapons and communications technology – the intelligence community (IC) must act within the law and the rules governing that community must be reformed to make this possible. He is inclined to believe that the answer lies in heightened presidential management. I’m not so sure. The actual presidential …