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Full-Text Articles in Law
Targeting Enemy Forces In The War On Terror: Preserving Civilian Immunity, Richard D. Rosen
Targeting Enemy Forces In The War On Terror: Preserving Civilian Immunity, Richard D. Rosen
Vanderbilt Journal of Transnational Law
Protocol I to the Geneva Conventions of 1949 and the interpretation given to it by many in the international community (e.g., UN, NGOs, media) provide perverse incentives to terrorist and insurgent groups to shield their military activities behind civilians and their property. In other words, the law governing targeting is fundamentally defective; it allows terrorist and insurgent groups to gain strategic and tactical advantages through their own noncompliance with the law and their adversaries' observance of it. The consequence has been increasing noncompliance with the law and growing civilian casualties. This Article proposes structural changes to the law governing targeting …
Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts
Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts
Vanderbilt Journal of Transnational Law
In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.