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Full-Text Articles in Law

Targeting Co-Belligerents, Jens David Ohlin Dec 2011

Targeting Co-Belligerents, Jens David Ohlin

Cornell Law Faculty Working Papers

One of the central controversies of the targeted killing debate is the question of who can be targeted for a summary killing. The following chapter employs a novel normative framework: how to link an individual terrorist with a non-state group that threatens a nation-state. Six linking principles are catalogued and analyzed, including direct participation, co-belligerency, membership, control, complicity and conspiracy. The analysis produces counter-intuitive results, especially for civil libertarians who usually eschew status principles in favor of conduct principles. The concept of membership, a status concept central to international humanitarian law, is ideally suited to situations, like targeted killings, that …


Keynote Address To The 20th Annual Fulbright Symposium – International Law In A Time Of Change, Michael Alsuel Ntumy Sep 2011

Keynote Address To The 20th Annual Fulbright Symposium – International Law In A Time Of Change, Michael Alsuel Ntumy

Annual Survey of International & Comparative Law

The theme of this symposium is International Law in a Time of Change. Considering the events that have engulfed international law in recent times, it is hard to imagine a more important or timely topic than this one. Whether one focuses on the rules, principles and concepts, or the institutions of international law, there is no escape from the fact that these things all bear the indelible imprint of change. This fitting theme has undoubtedly been influenced, I believe, by the "Change" campaign of President Barrack Obama, the “new Prince of Change.” For this reason, I am inclined to …


Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein Aug 2011

Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein

International Law Studies

No abstract provided.


For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu Jul 2011

For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu

Maxwell O. Chibundu

No abstract provided.


The Material Support Prosecution And Foreign Policy, Wadie E. Said Apr 2011

The Material Support Prosecution And Foreign Policy, Wadie E. Said

Indiana Law Journal

No abstract provided.


Rise Of The Drones: Unmanned Systems And The Future Of War, Kenneth Anderson Jan 2011

Rise Of The Drones: Unmanned Systems And The Future Of War, Kenneth Anderson

Kenneth Anderson

This document is written testimony submitted to the Subcommittee on National Security and Foreign Affairs, for a hearing under the general title of "Rise of the Drones: Unmanned Systems and the Future of War." The hearing covered military, strategic, technological, and economic issues related to unmanned aerial vehicles in military, intelligence, and civilian commercial use. This written testimony addressed certain international law and legal policy issues raised by the use of drones as a means of projecting force. It is primarily addressed to the question of the CIA campaign of drone attacks in Pakistan and beyond, rather than the use …


After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres Jan 2011

After Osama Bin Laden: Assassination, Terrorism, War, And International Law, Louis Rene Beres

Case Western Reserve Journal of International Law

No abstract provided.


What’S In A Name? How Nations Define Terrorism Ten Years After 9/11, Sudha Setty Jan 2011

What’S In A Name? How Nations Define Terrorism Ten Years After 9/11, Sudha Setty

Faculty Scholarship

Ten years after the attacks of September 11, 2001, it almost goes without saying that the acts of grotesque violence committed on that day have had enormous effects on national security law and policy worldwide. To be labeled a terrorist, or to be accused of involvement in an act of terrorism, carries far more severe repercussions now than it did ten years ago. This is true under international law and under domestic law in nations that have dealt with serious national security concerns for many years.

Given the U.N.’s global mandate to combat terrorism and that being defined as a …


International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy Jan 2011

International Law In Crisis: Challenges Posed By The New Terrorism And The Changing Nature Of War, John F. Murphy

Case Western Reserve Journal of International Law

No abstract provided.


Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell Jan 2011

Preface To The Paperback Edition Of United States, International Law, And The Struggle Against Terrorism, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

It is remarkable that in less than two years so many significant developments have taken place that concern the United States and the struggle against transnational terrorism. Perhaps the three most significant are as follows: (1) the Obama administration’s failure to reject wholesale the Bush-Cheney administration’s counterterrorism policies and practices; (2) the popular revolts sweeping the Arab world, often referred to as the “Arab spring”; and (3) the US Navy Seals killing Osama bin Laden in Abbottabad, Pakistan.


Terrorism, State Responsibility And The Use Of Armed Force, René Värk Jan 2011

Terrorism, State Responsibility And The Use Of Armed Force, René Värk

René Värk

No abstract provided.


Riikide Enesekaitse Ja Kollektiivse Julgeolekusüsteemi Võimalikkusest Terroristlike Mitteriiklike Rühmituste Kontekstis, René Värk Jan 2011

Riikide Enesekaitse Ja Kollektiivse Julgeolekusüsteemi Võimalikkusest Terroristlike Mitteriiklike Rühmituste Kontekstis, René Värk

René Värk

No abstract provided.


Responses To The Ten Questions, Charles J. Dunlap Jr. Jan 2011

Responses To The Ten Questions, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


The Law Of War In The War Against Terrorism, Michael A. Newton Jan 2011

The Law Of War In The War Against Terrorism, Michael A. Newton

Vanderbilt Law School Faculty Publications

The struggle to define the contours of the legal regime and to correctly communicate those expectations to the broader audience of civilians is a recurring problem that is integrally related to the current evolution of warfare. Shaping the expectations and perceptions of the political elites who control the contours of the conflict is perhaps equally vital. The paradox is that as the legal regime applicable to the conduct of hostilities has matured over the last century, the legal dimension of conflict has at times overshadowed the armed struggle between adversaries. As a result, the overall military mission will often be …


Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie Jan 2011

Criminal Reports: United States Of America V. Khadr, Steve Coughlan, Robert Currie

Articles, Book Chapters, & Popular Press

The United States of America sought the extradition of the applicant to face terrorism-related charges. The applicant had been taken into custody by the Pakistani Intelligence Agency, the ISI, and held in a secret detention centre for approximately fourteen months before he was released and repatriated to Canada. He had been interrogated by American FBI agents while in Pakistan and had given them a statement. He also gave a statement to CSIS following his return to Canada, and shortly after that gave a second statement to FBI officials. The applicant sought a stay of proceedings of the extradition hearing on …


Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen Jan 2011

Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen

Faculty Journal Articles and Book Chapters

The recent acquittal of the first Guantanamo Bay detainee to stand trial in U.S. federal court on all but one of the 286 charges he faced stemming from the 1998 bombings of two U.S. embassies in Africa has reinvigorated the discussion on indefinite detention under the laws of war. While the issue has been raised in the past, the discussion hasn’t extended beyond stating that the law of war, or law of armed conflict (LOAC) as it is often called, provides a legal basis for detention, including detention for the duration of hostilities. In fact, the Obama Administration has made …


Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris Jan 2011

Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris

Articles

Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across …


The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan Dec 2010

The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan

Lucian E Dervan

Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …


The Ghost In The Global War On Terror: Critical Perspectives And Dangerous Implications For National Security And The Law, Nick J. Sciullo Dec 2010

The Ghost In The Global War On Terror: Critical Perspectives And Dangerous Implications For National Security And The Law, Nick J. Sciullo

Nick J. Sciullo

In this Article, I set out to discuss the dangerous implications of the Global War on Terror (GWOT) and, more generally, the at- tempts of the United States government to address notions of terror- ism and its effect on the safety of the United States and world citizens. I am primarily concerned with engaging a poststructuralist critique of the GWOT to strengthen legal discussions of terrorism and national security policy. While many in the legal academy have focused on particular issues relating to terrorism, I will engage in a macro-level analysis of the way the legal academy conceptualizes terrorism—not how …


Zizek/Questions/Failing, Nick J. Sciullo Dec 2010

Zizek/Questions/Failing, Nick J. Sciullo

Nick J. Sciullo

In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.

While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …