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Articles 1 - 13 of 13

Full-Text Articles in Law

War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy Dec 2006

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

International Law Studies

No abstract provided.


Bin Laden's War, David A. Westbrook Dec 2006

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 Oct 2006

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 Oct 2006

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

International Law Studies

No abstract provided.


Jus In Bello Issues Arising In The Hostilities In Iraq In 2003, Yoram Dinstein May 2006

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

International Law Studies

No abstract provided.


Enforcing The Law, John F. Murphy May 2006

Enforcing The Law, John F. Murphy

International Law Studies

No abstract provided.


Special Forces' Wear Of Non-Standard Uniforms, W. Hays Park May 2006

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

International Law Studies

No abstract provided.


The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling May 2006

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.


Forcing Them To Be Free: Bush's Project For The Muslim World, Ali Khan Jan 2006

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 …


Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl Jan 2006

Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl

Vanderbilt Journal of Transnational Law

This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. …


How National Self-Interest And Foreign Policy Continue To Influence The U.S. Refugee Admissions Program, Meital Waibsnaider Jan 2006

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

Fordham Law Review

No abstract provided.


Contractors On The “Battlefield”: Providing Adequate Protection, Anti-Terrorism Training, And Personnel Recovery For Civilian Contractors Accompanying The Military In Combat And Contingency Operations, Jeffrey F. Addicott Jan 2006

Contractors On The “Battlefield”: Providing Adequate Protection, Anti-Terrorism Training, And Personnel Recovery For Civilian Contractors Accompanying The Military In Combat And Contingency Operations, Jeffrey F. Addicott

Faculty Articles

American civilian employees serving overseas in hostile environments are dying because their parent companies and the U.S. military are failing to provide adequate protection, antiterrorism (“AT”) training, or both. Contractors must be properly informed, trained, and equipped not only to understand their own rights and obligations, but also to understand those of the U.S. military and the parent contractor company because of the physical dangers inherent in such asymmetrical conflicts. Specified AT training is not a mandatory component of contractor deployment, leaving many contract personnel ill-prepared and under-equipped to operate in locations plagued by the threat of car bombs, suicide …


The Making Of A Constitution In Afghanistan, J. Alexander Thier Jan 2006

The Making Of A Constitution In Afghanistan, J. Alexander Thier

NYLS Law Review

No abstract provided.