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Full-Text Articles in Law
The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters
The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters
Articles by Maurer Faculty
In 1567, a bridge was built over a river in Bosnia-a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime-and which one? An assault on culture-and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did-the assumptions and categories the prosecutors and judges deployed, the choices they made-tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Articles by Maurer Faculty
War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …
Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler
Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler
Articles by Maurer Faculty
The Islamic State has combined its extreme violence with digital and cyber technologies to produce and distribute globally videos recording atrocities it commits. This article argues that those in the Islamic State who make and distribute these atrocity videos are committing war crimes under international law. After introducing the unprecedented phenomenon the atrocity videos represent (I.), the article first examines the relationship between international law and propaganda in war and peace (II.) The article then argues the atrocity videos violate prohibitions in international humanitarian law and constitute war crimes (III.). The article concludes by presenting criticisms of this argument and …
Book Review. The Legacy Of The International Criminal Tribunal For The Former Yugoslavia Edited By B. Swart, A. Zahar And G. Sluiter, Timothy W. Waters
Book Review. The Legacy Of The International Criminal Tribunal For The Former Yugoslavia Edited By B. Swart, A. Zahar And G. Sluiter, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
The Rule Of Law Through Its Economies Of Appearances: The Making Of The African Warlord, Kamari Maxine Clarke
The Rule Of Law Through Its Economies Of Appearances: The Making Of The African Warlord, Kamari Maxine Clarke
Indiana Journal of Global Legal Studies
The global reach of international law is now becoming relevant to the micromanagement of daily life. In postcolonial African states, everyday actions and their meanings are being opened up by the expansion of national jurisdiction into international jurisdiction. In relation to these changing technologies of managing shifting regimes of power, this article explores the ways that the spectacle of the rule of law is linked to the spectacle of capitalism. By examining the workings of victim and witness testimonies in the Special Court of Sierra Leone, I examine the ways that spectacles of law and articulations of suffering displace the …
The War Crimes Trial: A Second Look, Robert L. Birmingham
The War Crimes Trial: A Second Look, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.