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Articles 1 - 9 of 9
Full-Text Articles in Law
Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson
Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson
ExpressO
A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …
Barbarians At The Gates: A Post-September 11th Proposal To Rationalize The Laws Of War, William C. Bradford
Barbarians At The Gates: A Post-September 11th Proposal To Rationalize The Laws Of War, William C. Bradford
ExpressO
My article, Barbarians at the Gates: A Proposal to Rationalize the Laws of War. The piece proposes that in the War on Terror a new approach to the laws of war is necessary to harmonize the functional purpose of the law of war with the nature of the threat presented by terrorism to civilization.
Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell
Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell
ExpressO
Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
ExpressO
Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …
A Critical Methodology Of Globalization: Politics Of The 21st Century?, Vidya S. A. Kumar
A Critical Methodology Of Globalization: Politics Of The 21st Century?, Vidya S. A. Kumar
Indiana Journal of Global Legal Studies
No abstract provided.
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Case Western Reserve Journal of International Law
No abstract provided.
Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams
Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
All Faculty Scholarship
Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …