Law Commons^™

Common Article 1 And The Duty To "Ensure Respect", Michael N. Schmitt, Sean Watts

International Law Studies

Common Article 1 to the four 1949 Geneva Conventions requires Parties to those instruments to “respect and to ensure respect for the present Convention in all circumstances.” The provision is a corollary to the general international legal obligation of States to honor their treaty commitments, expressed classically in the maxim pacta sunt servanda.

Yet, academics and private organizations now use Common Article 1 as a vehicle to reimagine States’ enforcement obligations under the Geneva Conventions. Reinterpreting the article beyond its original meaning, they claim the article includes an “external” obligation—a duty on the part of all States to use …

The (Erroneous) Requirement For Human Judgment (And Error) In The Law Of Armed Conflict, Eric Talbot Jensen

International Law Studies

One of the most intriguing and important discussions in international law is the potential impact of emerging technologies on the law of armed conflict (LOAC), including weapons that incorporate machine learning and/or artificial intelligence. Because one of the likely characteristics of these advanced weapons would be the ability to make decisions implicating life and death on the battlefield, these discussions have highlighted a fundamental question concerning the LOAC: Does the law regulating armed conflict require human input in selecting and engaging targets or can that decision be made without human input? This article analyzes views expressed by scholars and NGOs, …

Weapons Review Obligation Under Customary International Law, Natalia Jevglevskaja

International Law Studies

Under Article 36 of the 1977 Additional Protocol I to the Geneva Conventions, States are required to review new weapons for their compliance with international law. While recent discussions on the regulation of lethal autonomous weapons systems under the auspices of the UN Certain Conventional Weapons Convention increasingly emphasize the importance of national weapons review mechanisms, Article 36 is known to be implemented only by a handful of States. Some legal scholars have nonetheless argued that the Article 36 obligation has attained customary international law status. Remarkably, substantive analysis of State practice and opinio juris required to evidence that certain …

The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens

International Law Studies

In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In …

The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner

International Law Studies

Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …

International Law, Legal Diplomacy, And The Counter-Isil Campaign: Some Observations, Brian Egan

International Law Studies

Speech as prepared for delivery by Brian Egan, Legal Adviser, U.S. Department of State; 110th Annual Meeting of the American Society of International Law Washington, DC, April 1, 2016

State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts

International Law Studies

International humanitarian law has developed through a pluralistic process. Its history reveals a pattern of rough proportionality between State opinio juris and non-State expressions of law. These diverse sources have maintained a respectable yet realistic balance between humanity and military necessity. However, current IHL dialogue presents a stark contrast to the vibrant and pluralistic exchanges of the past. The substantive input of non-State actors such as non-governmental organizations, tribunals, and scholars far outpaces the work of States. Parity of input, especially in quantitative terms, is surely too much to demand and surely not necessary given the special status of State …

Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin

International Law Studies

No abstract provided.

An Australian Perspective On The Icrc Customary International Humanitarian Law Study, Timothy L.H. Mccormack

International Law Studies

No abstract provided.

Study On Customary International Humanitarian Law: A Contribution To The Understanding And Respect For The Rule Of Law In Armed Conflict, Jean-Marie Henckaerts

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

Chapter V: Case Studies Of Non-United States Forcibleprotection Of Nationals Abroad

International Law Studies

No abstract provided.

Chapter Ii: The Traditional Writers On International Law

International Law Studies

No abstract provided.

Naval Blockade, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Bellum Americanum: The U.S. View Of Twenty-First-Century War And Its Possible Implications For The Law Of Armed Conflict, Michael Schmitt

International Law Studies

No abstract provided.

The Future Of U.S. Ocean Policy, J. Ashley Roach, Robert W. Smith

International Law Studies

No abstract provided.

State Practice Following World War Ii, 1945-1990, George K. Walker

International Law Studies

No abstract provided.

International Straits, Lewis M. Alexander

International Law Studies

No abstract provided.

Maritime War Zones & Exclusion Zones, L.F.E. Goldie

International Law Studies

No abstract provided.

Introduction To International Law, Richard R. Baxter

International Law Studies

No abstract provided.

Forcible Self-Help In International Law, James J. Mchugh

International Law Studies

No abstract provided.

Archipelago Concept Of Limits Of Territorial Seas, John R. Brock

International Law Studies

No abstract provided.

Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues

International Law Studies

No abstract provided.

Recognition Of States And Governments, Brunson Macchesney

International Law Studies

No abstract provided.

Foreward And Preface, Howard S. Levie

International Law Studies

No abstract provided.