Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law of Armed Conflict (2)
- ADIZ (1)
- Aircraft identification rules (1)
- China (1)
- Counter-terrorism (1)
-
- Counterterrorism (1)
- Defense identification zone (1)
- Drones (1)
- EEZ (1)
- Extraterritorial (1)
- Geography (1)
- Human Rights Law (1)
- Human rights law (1)
- Japan (1)
- Jus ad bellum (1)
- Law (1)
- Law of the Sea (1)
- Maritime Law Enforcement (1)
- Maritime Security (1)
- NIAC (1)
- Near seas (1)
- Non-international armed conflict (1)
- Organized armed groups (1)
- Philippines (1)
- Policy (1)
- Self-defense (1)
- South Korea (1)
- Targeting (1)
- Terrorists (1)
- USS Cowpens (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Identifying The Enemy In Counterterrorism Operations: A Comparison Of The Bush And Obama Administrations, Boaz Ganor
Identifying The Enemy In Counterterrorism Operations: A Comparison Of The Bush And Obama Administrations, Boaz Ganor
International Law Studies
Identifying the enemy plays a crucial role in providing the government with the authority needed to fight terrorism—from the authority to investigate threats to the authority to detain and use lethal force. The two administrations significantly differ in their understanding of the enemy, both at the organizational and individual levels. They also differ in their understanding of the boundaries of the battlefield. Ultimately, contrasting the policies adopted by the Bush and Obama administrations reveals that the early identification of the enemy by decision makers shaped the nature and scope of each administration’s counterterrorism strategies.
The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo
The Bull In The China Shop: Raising Tensions In The Asia-Pacific Region, Raul (Pete) Pedrozo
International Law Studies
This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt
International Law Studies
This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.