Law Commons^™

Applying Jus In Bello Proportionality To Drone Warfare, David J. Akerson

David J. Akerson

This article applies the international humanitarian law (IHL) principle of proportionality to the use of unmanned aerial vehicles (UAVs), commonly referred to as drones,[1] by the United States military forces (US Military) and the United States Central Intelligence Agency (CIA) in its armed conflicts in Iraq and Afghanistan and the “war on terror” in places such as Pakistan, Yemen, Somalia and Mali.[2] Iraq and Afghanistan at some point were more conventional armed conflicts that yielded to occupations with a continuing conflict against irregular insurgents. Pakistan, Yemen, Somalia and Mali fall into the so-called “targeted killings” genre, defined as …

Law-Of-War Perfidy, Sean Watts

Sean Watts

More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as a medium of exchange between combatants – a guarantee of minimum respect and trust between belligerents even in the turmoil of war. Indeed, it may be difficult to conceive of an operative or effective war convention at all without guarantees against and protections from perfidy. Yet most existing conceptions of perfidy, whether drawn from treaty, military legal doctrine, or legal scholarship, merely restate imprecise codifications or offer little more than a vague sensibility. This article offers detailed …

The Structure Of Law-Of-War Perfidy, Sean Watts

Sean Watts

The structural role of law-of-war perfidy is widely unappreciated and misunderstood. More than a prohibition of underhanded or dishonorable conduct, the prohibition of perfidy is an essential buttress to the law of war as a medium of exchange between combatants – a guarantee of minimum respect and trust between belligerents even in the turmoil of war. Indeed, it may be difficult to conceive of an operative or effective war convention at all without guarantees against and protections from perfidy. Through the late nineteenth and twentieth centuries, the prohibition of perfidy matured from a broad, customary notion of chivalry and honorable …

Defying Gravity: The Development Of Standards By States In The International Prosecution Of International Atrocity Crimes, Matthew H. Charity

Matthew H Charity

The number of nations that have signed and ratified the Rome Treaty of the International Criminal Court continues to expand, but the number of cases prosecuted remains fairly small. One issue that defies resolution is the place of complementarity in the post-conflict jurisdictional decisions of the I.C.C. and national tribunals. Although the Rome Statute crystallizes definitions of core international crimes, the interpretation of processes leaving jurisdiction with the nation or allowing jurisdiction to the I.C.C. continues to lack structure.

One step that some states have taken in implementing legislation and processes in support of jurisdiction over I.C.C. core crimes is …

Sõjalisi Ja Turvateenuseid Pakkuvate Eraettevõtjate Õiguslik Staatus Relvakonfliktis, René Värk

René Värk

No abstract provided.

Martensi Klausli Areng Ja Osised, Kerli Valk, René Värk

René Värk

No abstract provided.

Superior Responsibility, René Värk

René Värk

No abstract provided.

Goldstone Reconsidered, Richard D. Rosen

Richard D. Rosen

Following the 2008-2009 Israeli-Hamas war, the Human Rights Council dispatched a fact-finding mission headed by South African Jurist Richard Goldstone to investigate the hostilities. In September 2009, the mission issued its findings in a nearly 500-page report containing a variety of complaints against Israel, the most explosive of which was that Israel, as a matter of state policy, intended to kill Palestinian civilians and destroy their property. A year and a half later, Justice Goldstone reconsidered the mission’s conclusion, acknowledging that Israel may not have deliberately targeted Palestinian civilians during the conflict. This paper argues that Justice Goldstone’s reconsideration of …

Targeting, Command Judgment, And A Proposed Quantum Of Proof Component: A Fourth Amendment Lesson In Contextual Reasonableness, Geoffrey S. Corn

Geoffrey S. Corn

No decision by a military commander engaged in hostilities has more profound consequence than the decision to launch an attack. Pursuant to the law of armed conflict (LOAC), that decision must be based on the judgment that the object of attack – a person, place, or thing - qualifies as a lawful military objective. This judgment almost always sets in motion the application of deadly combat power, and routinely produces loss of life or grievous bodily injury, often times to individuals and property not the intended object of attack, but considered ‘collateral damage.’ In operational terms, this judgment determines whether …

Saateks, Rain Liivoja

Rain Liivoja

This is an introductory essay to accompany the Estonian translation of Jean Henri Dunant's Un Souvenir de Solférino. The text explains the history of the book and its impact on the subsequent development of the law of armed conflict.

The Status And Protection Of Unlawful Combatants, René Värk

René Värk

No abstract provided.