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War

2009

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Full-Text Articles in Law

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz Dec 2009

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz

Hallowed Secularism

Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier Dec 2009

Playing By The Rules: Combating Al Qaeda Within The Law Of War, David Glazier

William & Mary Law Review

Although the conflict formerly known as the “war on terror” is now in its eighth year, key legal issues governing the use of force and military detention remain largely unresolved. These questions survive the Bush administration, as the United States continues to launch aerial strikes against al Qaeda and President Obama has indicated his intention to continue the use of preventative detention and military trials even after Guantánamo is closed. Military victory is not possible, but good faith application of authority from the law of war can effectively complement traditional criminal law in combating the threat. Even if the Geneva …


October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz Oct 2009

October 2, 2009: Higher Law In The Public Square, Bruce Ledewitz

Hallowed Secularism

Blog post, “Higher Law in the Public Square“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


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.


September Roundtable: Introduction Sep 2009

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Rape of the Congo. By Adam Hochschild. The New York Review of Books. August 13, 2009.


From Armchair Reading To Action: Acknowledging Our Role In The Horror Of The Democratic Republic Of The Congo - And Doing Something About It., Shareen Hertel Sep 2009

From Armchair Reading To Action: Acknowledging Our Role In The Horror Of The Democratic Republic Of The Congo - And Doing Something About It., Shareen Hertel

Human Rights & Human Welfare

Reading Adam Hochschild's extraordinary account of ordinary people caught up in the horrific ravages of a civil war raging in the Democratic Republic of the Congo (DRC), I was struck by how incongruous my own encounter with this suffering is. I read his article over lunch, safe in the comfort of my own home. As a woman, I live largely without fear of the kind of brutal sexual violence that Hochschild opens his article with, as he related the story of a Congolese NGO worker who is herself a victim of multiple rapes.


Human Rights Law On Trial In The Drc, William Paul Simmons Sep 2009

Human Rights Law On Trial In The Drc, William Paul Simmons

Human Rights & Human Welfare

The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.


Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran Sep 2009

Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran

Human Rights & Human Welfare

When asked to discuss the humanitarian tragedy in the DRC, the question really is where to start? The article by Adam Hochschild discusses some of the most horrific events and experiences imaginable: widespread killings of unarmed civilians, rape, torture and looting, the recruitment of child soldiers, and the forced displacement of hundreds of thousands of people. The immediate human response is who is to blame, how did it happen and how can the world apparently do nothing?


If They Just Weren't So Rich!, Anja Mihr Sep 2009

If They Just Weren't So Rich!, Anja Mihr

Human Rights & Human Welfare

The deadliest war on earth-as it is called-in the Democratic Republic of Congo (DRC) will only end when the country's richness fades or is kept under surveillance. Human rights and peace might have a chance if Congo's lucrative diamond, gold or coltan mines were under shared control by non-profit agencies or international organizations with the intention to spread the mines' benefits and wealth among the Congolese people. Wishful thinking? Most likely it is, but what other alternative is there? The country's extraordinary wealth in natural resources is the main reason for the immense corruption, the extermination of entire villages, the …


Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai Aug 2009

Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai

Working Papers

As a body of work, the poetry of Langston Hughes presents a vision of how members of a political community ought to comport themselves, particularly when politics yield few tangible solutions to their problems. Confronted with human degradation and bitter disappointment, the best course of action may be to abide by the ethics of melancholy citizenship. A mournful disposition is associated with four democratic virtues: candor, pensiveness, fortitude, and self-abnegation. Together, these four characteristics lead us away from democratic heartbreak and toward political renewal. Hughes’s war-themed poems offer a richly layered example of melancholy ethics in action. They reveal how …


May 11, 2009: How Religion Dies And Secularism Takes Hold, Bruce Ledewitz May 2009

May 11, 2009: How Religion Dies And Secularism Takes Hold, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Religion Dies and Secularism Takes Hold“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 23, 2009: Another Reason To Be Secular, Bruce Ledewitz Mar 2009

March 23, 2009: Another Reason To Be Secular, Bruce Ledewitz

Hallowed Secularism

Blog post, “Another Reason to be Secular“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Future Of Detainees In The Global War On Terror: A U.S. Policy Perspective, Saxby Chamblis Mar 2009

The Future Of Detainees In The Global War On Terror: A U.S. Policy Perspective, Saxby Chamblis

University of Richmond Law Review

No abstract provided.


Combatants And The Combat Zone, Mary Ellen O'Connell Mar 2009

Combatants And The Combat Zone, Mary Ellen O'Connell

University of Richmond Law Review

No abstract provided.


Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda Mar 2009

Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda

University of Richmond Law Review

No abstract provided.


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.


Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman Feb 2009

Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman

Human Rights & Human Welfare

The relationship between promoting human rights and stopping wars can be perplexing. The 19th century origins of the Geneva Convention and the International Commissions of the Red Cross (ICRC) are warnings about the moral danger, ambiguities, or tensions of bringing war within the arena of human rights considerations. Human rights and war can be a toxic cocktail. One should not want to make war more likely or legitimate or deadly by seeming to say that the killing machine on one side or the other is acting humanely, as if that makes war okay. War is hell.


Healing From War To End All Wars, Christien Van Den Anker Feb 2009

Healing From War To End All Wars, Christien Van Den Anker

Human Rights & Human Welfare

The First World War was known as the war to end all wars. After the Second World War, and especially in reference to the Holocaust, the urgent slogan was “Never Again.” Although these hopes to end war and genocide have not yet been fulfilled, they inspired the worldwide moral stance against war and a host of international instruments and bodies contributed to the protection of both civilians and combatants during war.


Proportional To Life, Emma Gilligan Feb 2009

Proportional To Life, Emma Gilligan

Human Rights & Human Welfare

The Economist piece entitled “Proportional to what?” poses a dangerous question. The notion, as the article suggests, that proportionality in war is a “slippery idea” or that the facts are “nebulous” is the work of either an intentionally provocative or idly cynical author. Whatever the motivation for the words, it is precisely the dismissive tone embodied in such statements that has contributed to and defined the attitude more recently of larger states, like Israel and Russia, to issues of accountability for the death of civilians.


Protecting Human Rights In Conflict, Clair Apodaca Feb 2009

Protecting Human Rights In Conflict, Clair Apodaca

Human Rights & Human Welfare

The Just War Theory of Jus in Bello is the international community’s attempt to ensure respect for human rights and human welfare during armed conflicts. The principle of proportionality and the obligation to distinguish between combatants and civilians in attacks are two related notions that are fundamental to the protection of human rights during conflict. The principle of proportionality limits the amount of violence and destruction that is morally permissible. By contrast, the principle of discrimination (or distinction) discriminates between legitimate targets, such as soldiers and weapons depots, and illegitimate targets, specifically noncombatants such as civilian populations and their property.


Proportionality And Unjust Wars, Sarah Stanlick Feb 2009

Proportionality And Unjust Wars, Sarah Stanlick

Human Rights & Human Welfare

As violence rages in the Middle East, policymakers, academics, and the public alike have been embroiled in debate over the proportional use of force. As The Economist article points out, historical grievances leave both Israelis and Palestinians with compelling arguments for defense and resistance. However, at this point, the cycle of violence has perpetuated blame that goes beyond a simple tally sheet. World leaders remain divided on the rights and wrongs of the Israeli-Palestinian conflict, but human rights groups internationally are crying out for Israel and Hamas to end attacks that “do not discriminate between civilians and military targets.” While …


February Roundtable: Introduction Feb 2009

February Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Proportional to What?” The Economist. December 30, 2008.


January 3, 2009: The Fighting In Gaza, Bruce Ledewitz Jan 2009

January 3, 2009: The Fighting In Gaza, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fighting in Gaza“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin Jan 2009

Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin

Journal Articles

No abstract provided.


James Pattison On Waging Humanitarian War: The Ethics, Law, And Politics Of Humanitarian Intervention By Eric A. Heinze. Albany: Suny Press, 2009. 224pp., James Pattison Jan 2009

James Pattison On Waging Humanitarian War: The Ethics, Law, And Politics Of Humanitarian Intervention By Eric A. Heinze. Albany: Suny Press, 2009. 224pp., James Pattison

Human Rights & Human Welfare

A review of:

Waging Humanitarian War: The Ethics, Law, and Politics of Humanitarian Intervention by Eric A. Heinze. Albany: SUNY Press, 2009. 224pp.


Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt Jan 2009

Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt

Northwestern Journal of Law & Social Policy

As military involvement overseas persists, pressure to increase the size of the armed services will continue. While higher bonuses and lower recruiting standards relieve this pressure, these measures may not be enough and an active military draft is an attractive alternative. Indeed, although the military draft has been inactive for nearly thirty years, current U.S. involvement overseas has aroused discussion for reactivation of the military draft. In light of this call to reactive the draft, this Student Comment proposes a framework for analyzing the constitutionality of an active military draft under the Thirteenth Amendment. Specifically, this Comment argues that courts …


The Limits Of International Humanitarian Law, Melissa Eli Jan 2009

The Limits Of International Humanitarian Law, Melissa Eli

Human Rights & Human Welfare

The goal of international humanitarian law is to humanize war in an effort to minimize human suffering and the long-term negative consequences of war. However, despite the adoption by most countries of the Geneva Conventions and other relevant agreements, crimes of war occur in every conflict around the world on a regular basis. Additionally, as the form of warfare changes, so does the implementation and consequences of various war crimes. Genocide, systematic rape, and the use of child soldiers are three of the most significant war crimes facing sub-Saharan Africa today. Each has consequences so severe that specific international laws …


An Appropriate Focus On War, Mary Ellen O'Connell Jan 2009

An Appropriate Focus On War, Mary Ellen O'Connell

Journal Articles

This paper is part of book discussion featuring the 2009 Winner of the ASIL Certificate of Merit for Creative Scholarship--The Historical Foundations of World Order: The Tower and the Arena, by Douglas M. Johnston.

This panel was convened at 1:00 pm, Thursday, March 26, 2009 by its moderator, Devashish Krishan of Baker Botts LLP, who introduced the panelists:

  • David Bederman, Emory University School of Law
  • Tai-Heng Cheng, New York Law School
  • John Crook, George Washington University Law School
  • Mary Ellen O'Connell, University of Notre Dame Law School

The full issue of the proceedings is available via Oxford University Press


Deceit In War And Trade, William I. Miller Jan 2009

Deceit In War And Trade, William I. Miller

Book Chapters

This chapter offers “a genealogy on deceit in war and trade”. It starts with deceit in Ovid and the Old Testament and works its way all the way up to the present day, considering the deceptions of such famous tricksters as Odysseus, David, the Vikings, Machiavelli, William the Conqueror, even Montaigne. It then considers the practices of some famous deceivers in contemporary business culture, such as Bernie Ebbers, Dennis Koslowski, and Kenneth Lay.


Tracking Civilian Casualties In Combat Zones Using Civilian Battle Damage Assessment Ratios., E Cameron, M Spagat, M Hicks Dec 2008

Tracking Civilian Casualties In Combat Zones Using Civilian Battle Damage Assessment Ratios., E Cameron, M Spagat, M Hicks

Madelyn Hsiao-Rei Hicks

No abstract provided.