International Humanitarian Law Commons^™

Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard

International Law Studies

In Al-Saadoon and Others v. Secretary of State for Defence, the High Court of Justice of England and Wales has found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially simply through the use by State agents of physical force against an individual. This article explains the judgment and places it in the context of the development of the law both in the United Kingdom and at the European Court of Human Rights (ECtHR). While it remains subject to appeal domestically and its approach may not be followed by the ECtHR, …

Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman

International Law Studies

What does the law of armed conflict say about detention in non-international armed conflict? Is the law “utterly silent,” as some contend, with respect to the grounds for detention—regulating who may be confined and for what status or behavior? And do the in bello rules provide a source of affirmative authority that empowers belligerents to engage in detention? How those questions are resolved and, in particular, the basis for reaching the conclusions may have unintended consequences for the regulation of warfare. This article contends that the laws of war regulate the grounds for detention but do not authorize detention in …

Values And The Courts: Maintaining The Rule Of Law In The Global World, Honourable Beverley Mclachlin

The International Lawyer

No abstract provided.

The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh

Brooklyn Journal of International Law

More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.

This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …

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 …

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

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

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

Classification Of Cyber Conflict, Michael N. Schmitt

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen

International Law Studies

No abstract provided.

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

International Law Studies

No abstract provided.

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin

International Law Studies

No abstract provided.

Detention In Non-International Armed Conflicts, Knut Dormann

International Law Studies

No abstract provided.

International Enforcement In Non-International Armed Conflict: Searching For Synergy Among Legal Regimes In The Case Of Libya, John Cerone

International Law Studies

No abstract provided.

Detention Of Terrorists In The Twenty-First Century, William K. Lietzau

International Law Studies

No abstract provided.

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …

Low-Intensity Computer Network Attack And Self-Defense, Sean Watts

International Law Studies

No abstract provided.

Who May Be Held? Military Detention Through The Habeas Lens, Robert M. Chesney

International Law Studies

No abstract provided.

Direct Participation In Hostilities And The Interoperability Of The Law Of Armed Conflict And Human Rights Law, Francoise J. Hampson

International Law Studies

No abstract provided.

Use Of Unmanned Systems To Combat Terrorism, Raul A. "Pete" Pedrozo

International Law Studies

No abstract provided.

The Law Of Armed Conflict In Asymmetric Urban Armed Conflict, David E. Graham

International Law Studies

No abstract provided.

Xvi Litigating How We Fight, Ashley S. Deeks

International Law Studies

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Forced To Flee And Forced To Repatriate? How The Cessation Clause Of Article 1c(5) And (6) Of The 1951 Refugee Convention Operates In International Law And Practice, Marissa E. Cwik

Vanderbilt Journal of Transnational Law

The purpose of refugee law is to provide international protection for vulnerable people who are denied state protection. In fulfilling this purpose, the United Nations High Commissioner for Refugees (UNHCR) and asylum states have different legal foundations and implementing materials. When terminating refugee status and protection under the 1951 Refugee Convention Relating to the Status of Refugees, the obligations and legal authorities of UNHCR and asylum states differ. The UNHCR implementing statute allows the facilitation of voluntary repatriation when refugees can return in safety and with dignity. In contrast, host states are able to mandate repatriation when a change in …

Transitional Justice, Peace, And Prevention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi

International Law Studies

No abstract provided.