Law Commons^™

Sarah Bania-Dobyns On New Terror, New Wars By Paul Gilbert. Washington, Dc: Georgetown University Press, 2003. 176pp., Sarah Bania-Dobyns

Human Rights & Human Welfare

A review of:

New Terror, New Wars by Paul Gilbert. Washington, DC: Georgetown University Press, 2003. 176pp.

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

Faculty Scholarship

This paper explores the range of values implicated by war and compares today's dominant values with those that prevailed during previous American wars, with a particular emphasis on the World War Two and early Cold War period. War is related to values, and as economists like to remind us, what we value becomes apparent in the movement of people and prices. Part I of this Article considers the moral, ethical and monetary values that prevailed throughout the 1940's and early 1950's. The normative threads that kept the World War Two effort on track were those of mobilization and shared sacrifice. …

The Statutory Commander In Chief, Neil Kinkopf

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Unitariness And Myopia: The Executive Branch, Legal Process, And Torture, Cornelia Pillard

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Lost Constitutional Moorings: Recovering The War Power, Louis Fisher

Indiana Law Journal

For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted …

Finding Effective Constraints On Executive Power: Interrogation, Detention, And Torture, Deborah N. Pearlstein

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Regulating The Commander In Chief: Some Theories, Saikrishna Prakash

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

Reconceptualising Legal Education After War, Christopher P. Waters

ExpressO

This paper considers the impact of war on legal education and assesses the contributions of legal education to post-conflict reconstruction and reconciliation.

Killing, Cheating, Legislating, And Lying: A History Of Voting Rights In South Carolina After The Civil War, W. Lewis Burke

South Carolina Law Review

No abstract provided.

American Refugees And Asylum Seekers In Canada, Todd W. Zabel

ExpressO

American Soldier, Jeremy Hinzman, deserted his Iraq bound unit in 2003 and fled to Canada where he now seeks asylum with his wife and young son. The legal implications of his case are explored against the background of the American and Canadian political landscapes. The Canadian Court’s ultimate denial of his application evidences sweeping changes in Canada’s approach to International Law.

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.

Women And War, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton

ILSA Journal of International & Comparative Law

This paper addresses the topic of terrorism as war after September 11 th, 2001.

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

ILSA Journal of International & Comparative Law

The starting point of human rights law is the right of the individual, including the right not to be arbitrarily killed. The international law of armed conflict, which is very much older in its origins than human rights law, starts from totally different premises. The soldier has the right to kill another soldier

The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole

ILSA Journal of International & Comparative Law

This article deals with the "new" terrorism, responses to it by the Bush administration, the impact of those policies on domestic and global security, and concludes with some brief recommendations for alternative approaches to national and global security.

The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.

ILSA Journal of International & Comparative Law

As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security

Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad

ILSA Journal of International & Comparative Law

Rules relating to the use of force are among the traditional concerns of international law.

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article has as its central theme the decentralization of the state’s control over legitimate military force with the consequential diffusion of governmental control that stands to fragment state sovereignty. It argues that the increasing centrality of PMFs to the prosecution of war is creating a changed national security landscape with PMFs increasingly influencing governmental policy both overtly and covertly. PMF heads many of whom are former high ranking military and civilian personnel now advise governments and in some cases sit on government advisory boards. Additionally they also offer governments a conduit for pursuing covert foreign policy aims and circumvention …

An Islamic View Of The Battlefield, Ali Khan

Ali Khan

Islam rejects all conceptions of holy war. Muslims are not allowed to engage in any aggressive war to spread Islam or to impose its faith or laws on others. Muslims do not believe that God is at war with Satan, nor that He needs human help to win this battle. Any such belief is contrary to God's Unity and Sovereignty. God is above all human conflicts, and He has no conflict with Satan or any other force in the universe. God is Supreme and in complete control of all things that exist or belong to the world of the unknown. …

Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl

Law Faculty Contributions to Books

This paper examines the right of states to broadcast propaganda by satellite in times of war. In exploring this issue, the author addresses the hypothetical question of whether a state may use DBS technology to broadcast a commercial news program, such as CNN, into an enemy state in wartime as part of a larger campaign to win the support of the civilian population. The author begins by establishing that that the consent of a receiving state is required prior to such broadcasts, whether in peacetime or in times of war. This requirement of "prior consent" is the only restriction of …

Terrorism Law, Jeffrey F. Addicott

Faculty Articles

The hard reality is that the United States has declared war on a tactic—terror. The nation must accept lawful force as the only tool that will allow us to win the war against our enemy. The “War on Terror” is unlike anything the people of the United States have seen or fought before. The issue is: Are we at war, or is this simply a metaphor like the “war on drugs” or the “war on poverty?” The Act of Congress signed by President George W. Bush was the first legal document that began to answer this inquiry. The 2006 Military …

Human Rights In Colombia, Mariko Frame

Human Rights & Human Welfare

With its notoriously vicious paramilitary death squads, rampant drug trade and collusive government, Colombia remains a complex and tumultuous nation. Needless to say, the human rights history of this country has been marked by political violence, absence of due process, and at times a general lawlessness that has made it perpetually unstable. Coupled with Colombia's domestic problems, U.S. involvement in its 'war on drugs' has exacerbated the situations that already were at a boiling point. With an ongoing power struggle between the government, the military and the drug lords, it is no exaggeration to describe Colombia as in a constant …

The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott

Faculty Articles

It is imperative that discussion of emotionally charged issues such as torture or illegal rendition focus on the governing legal standards. The dilemma that confronts the United States and its allies is al-Qa'eda--not a nation-state but a virtual state. Therefore, the rules for fighting the War on Terror face challenges not yet fully appreciated or anticipated by international law, let alone domestic law. The primary international instrument dealing with illegal rendition is the 1984 United Nations Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention).

It is necessary to first define the terms "torture" and …

Constructing International Law In The East Indian Seas: Property, Sovereignty, Commerce And War In Hugo Grotius' De Iure Praedae - The Law Of Prize And Booty, Or On How To Distinguish Merchants From Pirates, Ileana Porras

Articles

No abstract provided.

Force Rules, John C. Yoo

John C Yoo

This piece criticizes U.N. proposals to reform the international legal rules on the use of force. While they properly identify threats to international peace and security as arising outside the context of great power warfare, they make it even more difficult for nations to address these new challenges. They codify a rule that gives the Security Council complete authority over all uses of force short of national self-defense, rather than providing nations with flexibility. They expand the size of the Security Council, which will only aggravate the body's collective action troubles in authorizing force. Reform should begin by modifying the …

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a book length treatment; however, in light of the pressing nature of the present situation expediency dictates a shorter but timelier piece. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states …