Open Access. Powered by Scholars. Published by Universities.®

International Humanitarian Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

U.S. Naval War College

Discipline
Keyword
Publication Year

Articles 181 - 210 of 653

Full-Text Articles in International Humanitarian Law

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin Oct 2014

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …


International Law Applicable To Naval Mines, Chatham House Oct 2014

International Law Applicable To Naval Mines, Chatham House

International Law Studies

This report summarizes the workshop held on February 26–27, 2014 on the law governing the use of naval mines in times of both peace and war. The workshop, organized by Chatham House, the Royal Navy and U.S. Naval War College, brought together a group of international law scholars, operational lawyers and other legal experts in the field. The objective of the workshop was to clarify existing law and identify areas of legal uncertainty to assist States to conduct their operations lawfully.


Identifying The Enemy In Counterterrorism Operations: A Comparison Of The Bush And Obama Administrations, Boaz Ganor Jun 2014

Identifying The Enemy In Counterterrorism Operations: A Comparison Of The Bush And Obama Administrations, Boaz Ganor

International Law Studies

Identifying the enemy plays a crucial role in providing the government with the authority needed to fight terrorism—from the authority to investigate threats to the authority to detain and use lethal force. The two administrations significantly differ in their understanding of the enemy, both at the organizational and individual levels. They also differ in their understanding of the boundaries of the battlefield. Ultimately, contrasting the policies adopted by the Bush and Obama administrations reveals that the early identification of the enemy by decision makers shaped the nature and scope of each administration’s counterterrorism strategies.


The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin May 2014

The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin

International Law Studies

Commercial communication satellite signals have become increasingly attractive targets for intentional interference by State and non-State actors. This article discusses the law applicable to satellite signal interference in peacetime, as well as during armed conflict. Specifically, the piece discusses the threshold at which intentional interference may constitute a use of force.


The United States’ Position On The Extraterritorial Application Of Human Rights Obligations: Now Is The Time For Change, Beth Van Schaack Feb 2014

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 …


Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt Jan 2014

Charting The Legal Geography Of Non-International Armed Conflict, Michael N. Schmitt

International Law Studies

This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.


The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves Dec 2013

The Law Of Armed Conflict's "Wicked" Problem: Levee En Masse In Cyber Warfare, David Wallace, Shane R. Reeves

International Law Studies

No abstract provided.


Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss Dec 2013

Keeping The Cyber Peace: International Legal Aspects Of Cyber Activities In Peace Operations, Jann K. Kleffner, Heather A. Harrison Dinniss

International Law Studies

No abstract provided.


The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin Dec 2013

The Cyber Road Ahead: Merging Lanes And Legal Challenges, Kenneth Watkin

International Law Studies

No abstract provided.


Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan Dec 2013

Cyber Warriors In The Jus In Bello, Vijay M. Padmanabhan

International Law Studies

No abstract provided.


Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney Dec 2013

Computer Network Operations And U.S. Domestic Law: An Overview, Robert N. Chesney

International Law Studies

No abstract provided.


The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks Dec 2013

The Role Of Counterterrorism Law In Shaping Ad Bellum Norms For Cyber Warfare, William Banks

International Law Studies

No abstract provided.


Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman Dec 2013

Self-Defensive Force Against Cyber Attacks: Legal, Strategic And Political Dimensions, Matthew C. Waxman

International Law Studies

No abstract provided.


Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies Dec 2013

Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Groups", Peter Margulies

International Law Studies

No abstract provided.


Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt Dec 2013

Precision Air Warfare And The Law Of Armed Conflict, Christopher J. Markham, Michael N. Schmitt

International Law Studies

No abstract provided.


The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt Dec 2013

The Syrian Intervention: Assessing The Possible International Law Justifications, Michael Schmitt

International Law Studies

No abstract provided.


The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant Dec 2013

The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant

International Law Studies

No abstract provided.


International Law And Cyber Threats From Non-State Actors, Laurie R. Blank Dec 2013

International Law And Cyber Threats From Non-State Actors, Laurie R. Blank

International Law Studies

No abstract provided.


Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss Dec 2013

Cyber Warfare: Implications For Non-International Armed Conflicts, Robin Geiss

International Law Studies

No abstract provided.


Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn Dec 2013

Geography Of Armed Conflict: Why It Is A Mistake To Fish For The Red Herring, Geoffrey S. Corn

International Law Studies

No abstract provided.


The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu Dec 2013

The Law Of State Responsibility In Relation To Border Crossings: An Ignored Legal Paradigm, Louise Arimatsu

International Law Studies

No abstract provided.


Territorial Sovereignty And Neutrality In Cyberspace, Wolff Heintschel Von Heinegg Dec 2013

Territorial Sovereignty And Neutrality In Cyberspace, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.


Lawful Targets In Cyber Operations: Does The Principle Of Distinction Apply?, Noam Lubell Dec 2013

Lawful Targets In Cyber Operations: Does The Principle Of Distinction Apply?, Noam Lubell

International Law Studies

No abstract provided.


Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy Dec 2013

Cyber War And International Law: Does The International Legal Process Constitute A Threat To U.S. Vital Interests?, John F. Murphy

International Law Studies

No abstract provided.


The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon Dec 2013

The Road Ahead: Gaps, Leaks And Drips, Michael J. Glennon

International Law Studies

No abstract provided.


The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson Dec 2013

The Syrian Crisis And The Principle Of Non-Refoulement, Mike Sanderson

International Law Studies

No abstract provided.


Cyber Attacks: Proportionality And Precautions In Attack, Eric Talbot Jensen Dec 2013

Cyber Attacks: Proportionality And Precautions In Attack, Eric Talbot Jensen

International Law Studies

No abstract provided.


Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine Dec 2013

Anticipatory Self-Defense In The Cyber Context, Terry D. Gill, Paul A.L. Ducheine

International Law Studies

No abstract provided.


Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein Dec 2013

Cyber War And International Law: Concluding Remarks At The 2012 Naval War College International Law Conference, Yoram Dinstein

International Law Studies

No abstract provided.


Classification Of Cyber Conflict, Michael N. Schmitt Dec 2013

Classification Of Cyber Conflict, Michael N. Schmitt

International Law Studies

No abstract provided.