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Articles 1 - 9 of 9

Full-Text Articles in Law

Panel I Commentary - Jus Ad Bellum, William Dalton Aug 2003

Panel I Commentary - Jus Ad Bellum, William Dalton

International Law Studies

No abstract provided.


Panel I Commentary - Jus Ad Bellum Aug 2003

Panel I Commentary - Jus Ad Bellum

International Law Studies

No abstract provided.


Terrorism And The Use Of Force In International Law, Michael Schmitt Aug 2003

Terrorism And The Use Of Force In International Law, Michael Schmitt

International Law Studies

No abstract provided.


Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey May 2003

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response ...


International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood May 2003

International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood

San Diego International Law Journal

This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.


Self-Defence In An Age Of Terrorism: Introductory Remarks, Mark A. Drumbl Jan 2003

Self-Defence In An Age Of Terrorism: Introductory Remarks, Mark A. Drumbl

Scholarly Articles

None available.


Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber Jan 2003

Victim Wrongs: The Case For A General Criminal Defense Based On Wrongful Victim Behavior In An Era Of Victims' Rights, Aya Gruber

Articles

Criminal law scholarship is rife with analysis of the victims' rights movement. Many articles identify with the outrage of victims harmed by deviant criminal elements. Other scholarly pieces criticize the movement's denuding of defendants' constitutional trial rights. The point upon which proponents and opponents of the movement tend to agree, however, is that the victim should never be blamed for the crime. The helpless, harmed, innocent victim is someone with whom we can all identify and someone to whom we can all express sympathy. Victim blaming, by all accounts, is an act of legal heresy to feminists, victim advocates ...


Preemptive Strategies In International Law, Michael N. Schmitt Jan 2003

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?


Reconceptualizing Criminal Law Defenses, Victoria Nourse Jan 2003

Reconceptualizing Criminal Law Defenses, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in ...