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Articles 1 - 13 of 13

Full-Text Articles in Law

The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell Oct 2009

The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell

San Diego International Law Journal

This Article explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza's borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior ... lack any basis in international law. By contrast, Palestinian behaviors that are rarely criticized constitute severe violations of international law.


Afghanistan And The Nature Of Conflict, Charles Garraway Aug 2009

Afghanistan And The Nature Of Conflict, Charles Garraway

International Law Studies

No abstract provided.


Targeted Killing In U.S. Counterterrorism Strategy And Law, Kenneth Anderson Jun 2009

Targeted Killing In U.S. Counterterrorism Strategy And Law, Kenneth Anderson

Working Papers

Targeted killing, particularly through the use of missiles fired from Predator drone aircraft, has become an important, and internationally controversial, part of the US war against al Qaeda in Pakistan and other places. The Obama administration, both during the campaign and in its first months in office, has publicly embraced the strategy as a form of counterterrorism. This paper argues, however, that unless the Obama administration takes careful and assertive legal steps to protect it, targeted killing using remote platforms such as drone aircraft will take on greater strategic salience precisely as the Obama administration allows the legal space for ...


Extraordinary Rendition: A Wrong Without A Right, Robert Johnson Mar 2009

Extraordinary Rendition: A Wrong Without A Right, Robert Johnson

University of Richmond Law Review

No abstract provided.


Homeland Security And Terrorism In Selected European States, Eric M. Deutcher Mar 2009

Homeland Security And Terrorism In Selected European States, Eric M. Deutcher

Electronic Theses and Dissertations

In the wake of the 9/11 attacks on the United States, the responses to terrorism increased throughout the world. The face of Homeland Security is now heavily focused on the prevention, preparedness, response and recovery of terrorist attacks not only in the United States, but also amongst some of America's oldest allies. This thesis studies the level of change in homeland security strategy of European NATO members after the 9/11 attacks in the United States. The analysis of strategic components within each NATO member's homeland security strategy (history, laws, counterterrorism agencies and budget support) shows significant ...


Terrorism As A Threat To Peace, René Värk Jan 2009

Terrorism As A Threat To Peace, René Värk

René Värk

No abstract provided.


Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns Jan 2009

Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns

Faculty Scholarship

No abstract provided.


International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan Jan 2009

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.


Aggression, Humanitarian Intervention, And Terrorism, Larry May Jan 2009

Aggression, Humanitarian Intervention, And Terrorism, Larry May

Case Western Reserve Journal of International Law

No abstract provided.


Eu Law, International Law And Economic Sanctions Against Terrorism: The Judiciary In Distress?, P. Takis Tridimas Jan 2009

Eu Law, International Law And Economic Sanctions Against Terrorism: The Judiciary In Distress?, P. Takis Tridimas

Journal Articles

This article seeks to examine the relationship between European Union law, international law, and the protection of fundamental rights in the light of recent case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) relating to economic sanctions against individuals. On 3 September 2008, the ECJ delivered its long-awaited judgment in Kadi and Al Barakaat on appeal from the CFI. In its judgment under appeal, the CFI had held that the European Community (EC) is competent to adopt regulations imposing economic sanctions against private organizations in pursuance of UN Security Council (UNSC) Resolutions seeking ...


International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi Jan 2009

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Articles

Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street corners, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible ...


Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks Jan 2009

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Faculty Journal Articles and Book Chapters

On March 1, 2009, the Special Tribunal for Lebanon (STL) commenced operations in the Netherlands. The mandate of the STL is to try those allegedly responsible for the 2005 bombing in Beirut which killed former Lebanese Prime Minister Rafiq Hariri. A collaborative effort between Lebanon and the United Nations, the STL is to be of “international character based on the highest standards of justice.” However, the STL’s in absentia trial provisions are based on a far different, and lower, standard. This article posits that the STL’s in absentia trial provisions violate human rights norms, indeed the U.N ...


The United States, Israel, And Unlawful Combatants, Curtis A. Bradley Jan 2009

The United States, Israel, And Unlawful Combatants, Curtis A. Bradley

Faculty Scholarship

This essay considers how members of a terrorist organization should be categorized under international law when the organization is engaged in an armed conflict with a nation. The proper categorization can have significant implications for the nation’s authority under both international and domestic law to subject members of a terrorist organization to military targeting and detention. As a result of judicial decisions, Israel ostensibly follows a two category approach, pursuant to which anyone who is not a lawful combatant, including a member of a terrorist organization, is a civilian. The United States, by contrast, currently follows a three category ...