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International Humanitarian Law Commons™
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Articles 31 - 60 of 76
Full-Text Articles in International Humanitarian Law
Correspondents' Reports United States Of America, Chris Jenks
Correspondents' Reports United States Of America, Chris Jenks
Faculty Journal Articles and Book Chapters
This correspondent report compiles examples of where and how in 2013 the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in military courts-martial and captured enemy belligerents in military commissions and by US federal courts hearing detainee habeas challenges.
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
Faculty Journal Articles and Book Chapters
The law of armed conflict provides the authority to use lethal force as a first resort against identified enemy belligerent operatives. There is virtually no disagreement with the rule that once an enemy belligerent becomes hors de combat — what a soldier would recognizes as “combat ineffective” — this authority to employ deadly force terminates. Recently, however, some have forcefully asserted that the LOAC includes an obligation to capture in lieu of employing deadly force whenever doing so presents no meaningful risk to attacking forces, even when the enemy belligerent is neither physically disabled or manifesting surrender. Proponents of this …
Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks
Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks
Faculty Journal Articles and Book Chapters
This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2010.
The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell
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.
The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane
The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane
Faculty Scholarship
Much post-9/11 scholarship asks whether modern transnational terrorist networks, the increasing availability of catastrophic weapons to nonstate actors, and other novel threats require changes to either or both of the two traditional branches of the law of war: (i) the jus ad bellum, which governs resort to war, and (ii) the jus in bello, which governs the conduct of hostilities. Scant recent work focuses on the equally vital question whether the relationship between those branches-and, in particular, the traditional axiom that insists on their analytic independence-can and should be preserved in contemporary international law. The issue has been largely neglected …
Prologue To A Voluntarist War Convention, Robert D. Sloane
Prologue To A Voluntarist War Convention, Robert D. Sloane
Faculty Scholarship
This Article attempts to identify and clarify what is genuinely new about the ¿new paradigm¿ of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions - in both the formal and informal senses of that word - onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse …
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
International Law Studies
No abstract provided.
Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, M. W. Janis
International Law Studies
No abstract provided.
Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, W. J. Fenrick
International Law Studies
No abstract provided.
Comments On George K. Walker Paper State Practice Following World War Ii, 1945-1990, L. C. Green
Comments On George K. Walker Paper State Practice Following World War Ii, 1945-1990, L. C. Green
International Law Studies
No abstract provided.
U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, H. B. Robertson Jr.
U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, H. B. Robertson Jr.
International Law Studies
No abstract provided.
Nuclear, Chemical, And Biological Weapons, Howard S. Levie
Nuclear, Chemical, And Biological Weapons, Howard S. Levie
International Law Studies
No abstract provided.
Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison
Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison
International Law Studies
No abstract provided.
Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven
Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven
International Law Studies
No abstract provided.
Appendix: Commander's Handbook On The Law Of Naval Operations
Appendix: Commander's Handbook On The Law Of Naval Operations
International Law Studies
No abstract provided.
The Law Of Piracy: Index, Alfred P. Rubin
The Law Of Piracy: Index, Alfred P. Rubin
International Law Studies
No abstract provided.
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart
International Law Studies
No abstract provided.
Combat Restraints, Howard S. Levie
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law, The Oas And The Dominican Crisis, Charles G. Fenwick
International Law Studies
No abstract provided.
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
International Law And The Use Of Force, Shabtai Rosenne
International Law And The Use Of Force, Shabtai Rosenne
International Law Studies
No abstract provided.
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues
International Law Studies
No abstract provided.
U.S. Navy Regulations, International Law, And The Organization Of American States, Theodore K. Woods Jr.
U.S. Navy Regulations, International Law, And The Organization Of American States, Theodore K. Woods Jr.
International Law Studies
No abstract provided.
Collective Intervention And The Law Of The Charter, William O. Miller
Collective Intervention And The Law Of The Charter, William O. Miller
International Law Studies
No abstract provided.
Legal Aspects Of Counterinsurgency, J. F. Hogg
Legal Aspects Of Counterinsurgency, J. F. Hogg
International Law Studies
No abstract provided.
Intervention And Detente In American Foreign Policy, Robert S. Wood
Intervention And Detente In American Foreign Policy, Robert S. Wood
International Law Studies
No abstract provided.
Forcible Self·Help Under International Law, Richard B. Lillich
Forcible Self·Help Under International Law, Richard B. Lillich
International Law Studies
No abstract provided.
Forcible Self-Help In International Law, James J. Mchugh
Forcible Self-Help In International Law, James J. Mchugh
International Law Studies
No abstract provided.
Law Of Naval Warfare, William O. Miller
Law Of Naval Warfare, William O. Miller
International Law Studies
No abstract provided.