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Full-Text Articles in Law
The Human Dimension Of Peace And Aggression, Chiara Redaelli
The Human Dimension Of Peace And Aggression, Chiara Redaelli
International Law Studies
Since the adoption of the Charter of the United Nations, the current international legal framework has drastically changed. In its traditional understanding, aggression is “the supreme international crime” aimed at protecting sovereignty and the territorial integrity of states. On the other hand, the U.N. Charter endorses an understanding of peace in the negative sense, that is, as mere absence of war. As human rights have gained momentum, they have helped reshape the legal landscape, a phenomenon referred to as the humanization of international law. How do peace and aggression fit within the humanized legal framework? This article will investigate the …
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
Indeterminacy In The Law Of Armed Conflict, Adil Ahmad Haque
International Law Studies
Controversy and confusion pervade the law of armed conflict. Its most basic rules may seem ambiguous, vague, incomplete, or inconsistent. The prevailing view of customary international law confronts serious problems, in principle and in practice, when applied to the customary law of armed conflict. Legal indeterminacy, in its different forms, might be reduced or resolved in light of the object and purpose of the law of armed conflict, or by taking into account other relevant rules of international law. Unfortunately, the purpose of the law of armed conflict is itself the subject of deep disagreement. So is the relationship between …
Detention By Armed Groups Under International Law, Andrew Clapham
Detention By Armed Groups Under International Law, Andrew Clapham
International Law Studies
Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.
Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner
Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner
International Law Studies
Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …
Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman
Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman
International Law Studies
What does the law of armed conflict say about detention in non-international armed conflict? Is the law “utterly silent,” as some contend, with respect to the grounds for detention—regulating who may be confined and for what status or behavior? And do the in bello rules provide a source of affirmative authority that empowers belligerents to engage in detention? How those questions are resolved and, in particular, the basis for reaching the conclusions may have unintended consequences for the regulation of warfare. This article contends that the laws of war regulate the grounds for detention but do not authorize detention in …
The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack
The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack
International Law Studies
This article contends that in the upcoming Human Rights Committee proceedings, the U.S. should abandon the categorical argument that its human rights obligations do not apply extraterritorially in favor of a more nuanced approach that reflects the majority position reached by the range of human rights treaty bodies and courts as well as the legal framework applicable to our coalition partners and other allies. The U.S. failure to acknowledge limited, well-established, and principled exceptions to a strictly territorial application of its human rights obligations ultimately undermines the legitimacy of other, more efficacious, arguments at its disposal—such as its position on …
Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson
Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson
International Law Studies
No abstract provided.
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law Studies
No abstract provided.
Prisoners Of War And The Code Of Conduct, William P. Lyons
Prisoners Of War And The Code Of Conduct, William P. Lyons
International Law Studies
No abstract provided.
Prisoner And War Negotiations: The Korean Experience And Lesson, Harry P. Ball
Prisoner And War Negotiations: The Korean Experience And Lesson, Harry P. Ball
International Law Studies
No abstract provided.
International Law And Basic Human Rights, Louis B. Sohn
International Law And Basic Human Rights, Louis B. Sohn
International Law Studies
No abstract provided.
Combat Restraints, Howard S. Levie
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
International Law Studies
No abstract provided.
U.S. Navy Regulations, International Law, And The Organization Of American States, Theodore K. Woods Jr.
U.S. Navy Regulations, International Law, And The Organization Of American States, Theodore K. Woods Jr.
International Law Studies
No abstract provided.
Table Of Contents Volume 60 Documents On Prisoners Of War
Table Of Contents Volume 60 Documents On Prisoners Of War
International Law Studies
No abstract provided.