Law Commons^™

Warrior Ants: The Enduring Threat Of The Small War And The Land-Mine, Kenneth Anderson

Book Reviews

This 1996 Times Literary Supplement essay examines two very different books about aspects of warfare. Robert O'Connell's Ride of the Second Horseman is a speculative history of the rise of warfare among human beings, looking back to early human beings. It is a striking account, even though speculative, because it deals in early human behavior without offering an explanation from evolutionary biology. O'Connell acknowledges that non-human species can engage in warfare, and specifically notes ants. In that process, he carefully distinguishes - as few writers do - between aggression, violence, weapons use, predation, and war.

Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt

Faculty Works

No abstract provided.

The New Dimensions Of United Nations Peacemaking, Louis B. Sohn

Scholarly Works

Since its beginning, mankind has alternated between periods of peace and war. The Twentieth Century was the first one in which attempts were made to outlaw war and to establish institutions which would protect the peoples of the world against war. After the carnage of the Second World War, the United Nations was established "to save succeeding generations from the scourge of war," and the Security Council was given the "primary responsibility for the maintenance of international peace and security." The founders of the United Nations tried to ensure that the Council would have necessary means for discharging this responsibility, …

The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner

Scholarly Works

This short description of some of the important ideas set forth in the various contributions to the Colloquium is meant to give the reader an idea of the broad spectrum of issues and problems with which the international community is confronted both in continuing to use the present structure and competence of the Security Council and in making reforms. While the General Assembly and other organs of the United Nations and of regional and national institutions are mentioned as useful in the struggle to maintain world peace, it is clear that the Security Council will continue to dominate the work …

The Humanitarian Law Of The Yugoslavia War Crimes Tribunal: Jurisdiction In Prosecutor V. Tadic, Geoffrey R. Watson

Scholarly Articles

On October 2, 1995, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia' held that the Tribunal has jurisdiction to try Dusko Tadic, a Bosnian Serb, for war crimes and crimes against humanity. The Appeals Chamber ruled that the establishment of the Tribunal was lawful, that the Tribunal's primacy over national courts does not violate international law, and that the Tribunal's jurisdiction extends to crimes committed in internal armed conflict. The decision cleared the way for the first international war crimes trial since Nuremberg and Tokyo. The Appeals Chamber was right to uphold the validity of the …

The War Powers In French Constitutional Law, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

How We Lost The High-Tech War Of 2007: A Warning For The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Cyberattack! Are We At War?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

A Special Forces Human Rights Policy, Jeffrey F. Addicott

Faculty Articles

The use of the United States military to promote human rights values in foreign militaries has taken on a much added significance in the post-Cold War era. Emerging democracies often look to American soldiers to assist them in establishing a law-based military whose policies, rules, and practices are rooted in respect for human rights.

Major General Kenneth Bowra, United States Army Special Forces Command (Airborne) (USASFC(A)), has made the promotion of human rights in the militaries of the emerging democracies a top priority for the Army Special Forces. With regard to America’s desire to inculcate human rights values in friendly …

Understanding Constitutional War Powers Today: Why Methodology Matters, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

With the Cold War over, Americans have grown more introspective about the role of the United States in global affairs. It could hardly be otherwise. America's rise to military preeminence, its overseas commitments and priorities, and its basic sense of international purpose all were forged by circumstances of the past fifty years that have changed dramatically. The Soviet threat is gone; once shaky allies in Europe and Asia are now comparatively stable and prosperous; the specter of cataclysmic nuclear war has receded while regional conflicts, ethnic strife, and humanitarian emergencies have moved to center stage. Although the world is no …

Is There A General Trend In Constitutional Democracies Toward Parliamentary Control Over War-And-Peace Decisions?, Lori Fisler Damrosch

Faculty Scholarship

My hypothesis is that there is a general trend toward subordinating war powers to constitutional control, and that this trend includes a subtrend toward greater parliamentary control over the decision to introduce troops into situations of actual or potential hostilities. UN peace operations present one variant of a recurring problem for constitutional democracies, as do collective security and collective enforcement operations under the auspices of the United Nations or a regional body such as the North Atlantic Treaty Organization (NATO).

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.