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International Humanitarian Law Commons™
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Articles 31 - 60 of 101
Full-Text Articles in International Humanitarian Law
Mapping War Crimes In Syria, Beth Van Schaak
Mapping War Crimes In Syria, Beth Van Schaak
International Law Studies
This article maps the range of war crimes being committed in Syria with reference to the applicable treaty and customary international law and prospects for prosecution. It begins by presenting the international legal framework employed to determine when an armed conflict began in Syria, how this conflict is classified under international law and which multilateral treaties and customary rules are operative. This framework underlies the determination of which war crimes can be prosecuted, which tribunals might have jurisdiction and which perpetrators may be made subject to indictment. The article next focuses on some open legal and factual issues around certain …
The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin
The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin
International Law Studies
Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through …
Talking Foreign Policy: The Iran Nuclear Accord, Paul Williams, Milena Sterio, Avidan Cover, Mike Newton
Talking Foreign Policy: The Iran Nuclear Accord, Paul Williams, Milena Sterio, Avidan Cover, Mike Newton
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
International Law Studies
The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …
Regulating Hostilities In Non-International Armed Conflicts: Thoughts On Bridging The Divide Between The Tadić Aspiration And Conflict Realities, Geoffrey S. Corn
Regulating Hostilities In Non-International Armed Conflicts: Thoughts On Bridging The Divide Between The Tadić Aspiration And Conflict Realities, Geoffrey S. Corn
International Law Studies
International Humanitarian Law (IHL) evolved to strike a rational balance between the necessity of using combat power to defeat enemy opponents, and the humanitarian interest of mitigating the human suffering resulting from armed conflict. Ironically, however, the “type” of conflict most comprehensively regulated by this law—international or inter-State (IACs)—is not the “type” of armed conflict that has been most notable for producing humanitarian suffering since the end of World War II. Instead, non-international armed conflicts (NIACs)—conflicts between States and organized non-State belligerent groups, or even between multiple non-State belligerent groups—have been notorious for their brutality, indifference towards humanitarian restraint, and …
Seeking International Criminal Justice In Syria, Annika Jones
Seeking International Criminal Justice In Syria, Annika Jones
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
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 Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant
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.
Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez
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.
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.
Low-Intensity Computer Network Attack And Self-Defense, Sean Watts
Low-Intensity Computer Network Attack And Self-Defense, Sean Watts
International Law Studies
No abstract provided.
Use Of Unmanned Systems To Combat Terrorism, Raul A. "Pete" Pedrozo
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
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
Xvi Litigating How We Fight, Ashley S. Deeks
International Law Studies
No abstract provided.
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
Regime Change And The Restoration Of The Rule Of Law In Iraq, Raid Juhi Al-Saedi
International Law Studies
No abstract provided.
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
Occupation In Iraq: Issues On The Periphery And For The Future: A Rubik's Cube Problem?, George K. Walker
International Law Studies
No abstract provided.
Rule Of Law Capacity Building In Iraq, Richard Pregent
Rule Of Law Capacity Building In Iraq, Richard Pregent
International Law Studies
No abstract provided.
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
The Dark Sides Of Convergence: A Pro-Civilian Critique Of The Extraterritorial Application Of Human Rights Law In Armed Conflict, Naz K. Modirzadeh
International Law Studies
No abstract provided.
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
Concluding Observations: The Influence Of The Conflict In Iraq On International Law, Yoram Dinstein
International Law Studies
No abstract provided.
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
International Law Studies
No abstract provided.
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
International Law Studies
No abstract provided.
Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis
Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis
International Law Studies
No abstract provided.
Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns
Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns
International Law Studies
No abstract provided.
International Legal Dynamics And The Design Of Feasible Missions: The Case Of Afghanistan, W. Michael Reisman
International Legal Dynamics And The Design Of Feasible Missions: The Case Of Afghanistan, W. Michael Reisman
International Law Studies
No abstract provided.
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
Much Ado About Non-State Actors: The Vanishing Relevance Of State Affiliation In International Criminal Law, John Cerone
San Diego International Law Journal
Much has been made recently of the deficiencies of international law in grappling with violence perpetrated by non-state actors. From transnational terrorist networks to private security contractors (PSCs), organizations that are not officially part of the apparatus of any state are increasingly engaged in protracted episodes of intense violence, giving rise to questions of accountability under international law. Does international law provide rules applicable to such conduct? While the repression of crime, especially that perpetrated by non-state actors, has traditionally been left to the internal law of states, most international jurists will point to the ancient rules of international law …
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
International Law Studies
No abstract provided.
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
Coaltion Operations: A Canadian Perspective, Kenneth W. Watkin
International Law Studies
No abstract provided.
Full Volume 84: International Law And Military Operations (2008)
Full Volume 84: International Law And Military Operations (2008)
International Law Studies
No abstract provided.
Starting From Here, Ashley R. Deeks
Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher
Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher
Research Reports & White Papers
This groundbreaking report published by the Open Society Justice Initiative examines the impact in Serbia of the International Criminal Tribunal for the former Yugoslavia (ICTY). Shrinking the Space for Denial: The Impact of the ICTY in Serbia is the most comprehensive analysis to date of the court's impact in a country directly affected by its work. The report by Diane Orentlicher, professor of international law at American University's Washington College of Law and special counsel to the Justice Initiative, is published in conjunction with the 15th anniversary of the ICTY's founding. The 134-page report provides a detailed look at the …