Law Commons^™

War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy

International Law Studies

No abstract provided.

The Iraq Paradox: Minority And Group Rights In A Viable Constitution, Makau Mutua

Buffalo Law Review

On October 15, 2005 an Iraq ravaged by a civil war spawned by the 2003 American invasion and subsequent occupation voted to decide the fate of a permanent constitution for the country. Although many Sunni Arabs took part in the vote, the referendum lost in the three governorates where they form a majority. But the constitution was approved because opponents only succeeded in recording "no" votes larger than two-thirds in only two of Iraq's eighteen provinces, in effect one province short of a veto. A two-thirds rejection in three provinces would have doomed the charter and the transition to a …

Bin Laden's War, David A. Westbrook

Buffalo Law Review

The GWOT/Global Jihad is different from prior conflicts (including the ideological struggle of the Cold War), and these differences have important strategic consequences which are not reflected in current US policy. First, US strategy has proceeded on traditional, and inapposite, understandings of the politics that informs this war. Second, radical neofundamentalism is a new form of political organization, attuned to a globalized world, with a distinctive form of violence quite different from the violence organized by the bureaucratic apparatus of a modern professional military grounded in a nation state. Third, the politics of radical neofundamentalism has strategic consequences. On the …

Liberation And Occupation: A Commander's Perspective, Fabio Mini

International Law Studies

No abstract provided.

The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller

International Law Studies

No abstract provided.

Treatment And Interrogation Of Detained Persons, David E. Graham

International Law Studies

No abstract provided.

The Gulf War: 1990-2004 (And Still Counting), Yoram Dinstein

International Law Studies

No abstract provided.

The Legality Of Operation Iraqi Freedom Under International Law, Michael N. Schmitt

International Law Studies

No abstract provided.

Jus In Bello Issues Arising In The Hostilities In Iraq In 2003, Yoram Dinstein

International Law Studies

No abstract provided.

Iraq And The Law Of Armed Conflict, Thomas M. Franck

International Law Studies

No abstract provided.

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

International Law And The 2003 Campaign Against Iraq, Nicholas Rostow

International Law Studies

No abstract provided.

Protection Of Cultural Property: The Legal Aspects, Jan Hladik

International Law Studies

No abstract provided.

Enforcing The Law, John F. Murphy

International Law Studies

No abstract provided.

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.

Special Forces' Wear Of Non-Standard Uniforms, W. Hays Park

International Law Studies

No abstract provided.

American Refugees And Asylum Seekers In Canada, Todd W. Zabel

ExpressO

American Soldier, Jeremy Hinzman, deserted his Iraq bound unit in 2003 and fled to Canada where he now seeks asylum with his wife and young son. The legal implications of his case are explored against the background of the American and Canadian political landscapes. The Canadian Court’s ultimate denial of his application evidences sweeping changes in Canada’s approach to International Law.

The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling

ExpressO

Private Military Companies (PMCs) are civilian staffed corporations that provide military (and law enforcement) services, logistics, and support under contract to a government both inside and outside the country’s borders. Prior to Congress passing the Military Extraterritorial Jurisdiction Act, U.S. courts lacked jurisdiction to prosecute civilians accompanying United States’ Armed Forces overseas. This article will specifically address how the United States exercises jurisdiction and prosecutes the civilian employees of PMCs in United States courts for crimes they have committed in foreign countries while working under contract to the United States government.

Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart

Cornell Law School J.D. Student Research Papers

The paper focuses on Saddam Hussein’s trial in front of the Iraqi High Criminal Court in Baghdad. After providing an overview of the facts surrounding the court’s installation, the applicable international law is identified and the fairness and legitimacy of the current proceedings are analyzed. The paper finishes by considering whether the trial should be relocated and addresses alternative venues that could have been chosen to prosecute Iraq’s ex-dictator.

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

Saint Louis University Public Law Review

No abstract provided.

The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner

ILSA Journal of International & Comparative Law

As images of recent bombings in subways and buses in London on July 7, 2005 make their way across newspapers and news stations internationally, the international community relives the atrocious images of the attacks on New York's World Trade Center and is reminded that the threat of terrorism has not vanished

El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner

ILSA Journal of International & Comparative Law

Mientras las imigenes de los recientes bombardeos producidos en ferrocarriles subterfineos y autobuses en Londres el 7 de julio del 2005 aparecen en peri6dicos y estaciones de noticias alrededor del mundo, la comunidad intemacional revive las imigenes atroces de los atentados terroristas del once de septiembre contra las torres gemelas de Nueva York hacidndoles recordar que la amenaza del terrorismo no ha desaparecido.'

Forcing Them To Be Free: Bush's Project For The Muslim World, Ali Khan

Ali Khan

Employing evangelical rhetoric, the Bush administration has launched an ambitious plan to bring democracy to the Muslim world. Several past presidents of the United States have endorsed the concept of popular government for various reasons. President George W. Bush draws on democracy to fight Islamist terrorism and spread liberty. The proposed democratisation of Muslim nations embodies a complex blend of American self-interest and the paternalistic American desire to reform the world. It is unclear whether the democracy initiative will survive the Bush government. The next president may scrap the entire project as unworkable or too expensive. However, if the US …

U.S. Military Courts And The War In Iraq, Michael J. Frank

Vanderbilt Journal of Transnational Law

Throughout its history, the United States has frequently entrusted to military courts the task of prosecuting insurgents and terrorists during instances of military occupation.

Instead of carrying on this tradition in Iraq, the United States created the Central Criminal Court of Iraq (CCCI) and entrusted a band of Iraqi judges with this task. Infected with corruption, nationalism, tribal loyalties, and anti-U.S. animus, this court has repeatedly thwarted the United States by acquitting or only lightly punishing Iraqi terrorists. Thus, the terrorists have learned that they face an excellent chance of acquittal in the CCCI, or if per chance they are …

Constitutional Politics And Text In The New Iraq: An Experiment In Islamic Democracy, Noah Feldman, Roman Martinez

Fordham Law Review

No abstract provided.

How National Self-Interest And Foreign Policy Continue To Influence The U.S. Refugee Admissions Program, Meital Waibsnaider

Fordham Law Review

No abstract provided.

Liberalization Or Economic Colonization: The Legality Of The Coalition Provisional Authority's Structural Investment Law Reforms In Post-Conflict Iraq, Nicole Marie Crum

South Carolina Journal of International Law and Business

No abstract provided.

Post-Sovereign Constitution-Making And Its Pathology In Iraq, Andrew Arato

NYLS Law Review

No abstract provided.

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

Faculty Works

When monopoly control over the flow of information is lost, the unavoidable consequence is destabilization. Information flow through a society can be understood as a market - not a market exchanging cash for goods, but loyalty for identity. Hence the market is called the Market for Loyalties - so labeled by an economics of information theory first developed by Prof. Monroe Price, of Cardozo Law School, and Director of the Howard M. Squadron Program in Law, Media and Society, to explain government regulation of radio, TV, cable and satellite broadcasting.

In post-invasion Iraq, Saddam Hussein lost or monopoly control over …

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South Carolina Journal of International Law and Business

No abstract provided.