International Law Commons^™

How The War Against Isis Changed International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

Full-text is available at:

https://scholarlycommons.law.case.edu/faculty_publications/1638/

In an effort to destroy ISIS, beginning in August 2014, the United States, assisted by a handful of other Western and Arab countries, carried out thousands of bombing sorties and cruise missile attacks against ISIS targets in Iraq and Syria. Iraq had consented to the airstrikes in its territory, but Syria had not, and Russia blocked the UN Security Council from authorizing force against ISIS in Syria. The United States invoked several different legal arguments to justify its airstrikes, including the right of humanitarian intervention, the right to use force in a failed state, and …

The Third Player-Illegal Combatant, Emanual Gross

San Diego International Law Journal

This Article will examine the current status of the international law of war with respect to terrorist organizations and their operatives. The central argument of this article is that international humanitarian law is unable to cope with the reality of international terrorism. The basic definitions of "combatant" and "civilian" are not suitable within the context of the age of terrorism. In the past, combatants were presumed to be either a member of a state, or in the alternative, freedom fighters expressing an idea of resistance against a colonial occupation. Terrorist organizations and their members are not freedom fighters, but rather, …

Contemporary Practice Of The United States Relating To International Law, July 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • U.S. Supreme Court Upholds Law Facilitating Compensation for Victims of Iranian Terrorism • Russia Argues Enhanced Military Presence in Europe Violates NATO-Russia Agreement; United States Criticizes Russian Military Maneuvers over the Baltic Sea as Inconsistent with Bilateral Treaty Governing Incidents at Sea • U.S. Secretary of State Determines ISIL Is Responsible for Genocide • United States Blocks Reappointment of WTO Appellate Body Member • U.S. Department of Defense Releases Report of Investigation Finding That October 2015 Air Strike on Doctors Without Borders Hospital in Kunduz, Afghanistan, Was Not a War Crime • United States Expands Air …

Identifying The Start Of Conflict: Conflict Recognition, Operational Realities And Accountability In The Post-9/11 World, Laurie R. Blank, Benjamin R. Farley

Michigan Journal of International Law

On December 19, 2008, the Convening Authority for the United States Military Commissions at Guantanamo Bay referred charges against Abd al-Rahim Hussein Muhammed Abdu Al-Nashiri for his role in the October 2000 bombing of the U.S.S. Cole. The charge sheet alleged that al-Nashiri committed several acts—including murder in violation of the law of war, perfidy, destruction of property—”in the context of and associated with armed conflict” on or about October 12, 2000 in connection with the bombing. At the time of the attack, the statement that the United States was engaged in an armed conflict would have been a surprise …

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.

Juridical Control Of Terrorism, William T. Mallison

Akron Law Review

The present comment is written upon the basic assumption that the purpose of the juridical doctrines designed to control terror is to reduce, and if possible to eliminate, the destruction of human and material values involved in acts of terror. Professor Bassiouni approaches this problem through a threefold categorization of terror based upon motivation: first, terror designed to promote the private gain or profit of common criminals; second, terrorism by the mentally ill, and third, ideologically motivated terrorism. He deals primarily with the third one. This categorization is useful since it leads directly into a study of the causes of …

Selected Terroristic Claims Arising From The Arab-Israeli Context, Jordan J. Paust

Akron Law Review

This paper addresses itself to a subject of great importance and complexity-terrorism in the Mid-East conflict. Recognizing the vastness of this complex subject matter, this presentation focuses upon and confines its scope to the content of relevant international law and the efforts by some of the participants in the Mid-East struggle to justify conduct or to seek approval of conduct through changes in the law. It should be understood that the attempt herein is to consider law as it is and law as it might develop-not to debate the propriety or impropriety of the Israeli or Arab cause or of …

An Approach To Decision With Regard To Terrorism, Jordan J. Paust

Akron Law Review

To Professor Baxter's chagrin, the words "terror" and "terrorism" i-have been thrown about as well as words such as "criminal," and banditry." I believe that one of the problems that we should face at this time is the definitional approach. We should direct our inquiry to a definitional framework; 'because, this is exactly what has been the problem at the General Assembly of the United Nations, this "politicized throwing about" of conclusionary words without any reference to context or a set of criteria -for a shared definition of what the term means. The definitional approach that I would utilize is …

Methodological Options For International Legal Control Of Terrorism, M. Cherif Bassiouni

Akron Law Review

THE TITLE OF MY PRESENTATION differs from the general title of this Conference which misleadingly links terrorism and the Middle East. Unintended inferences will inevitably be drawn from that title. This can only be deplored in light of the serious efforts of those concerned scholars who are seeking rational solutions to the complex problem of "terror-violence."

Social and behaviorial scientists will in time tell us more about the conditions, reasons, causes and motivations leading to "terror-violence." With such knowledge jurists will be better equipped to develop the type of legal controls most likely to reduce the impact of violent strategies. …

A Skeptical Look At The Concept Of Terrorism, R. R. Baxter

Akron Law Review

International Law is that body of law which creates rights for me and duties for you. I fight wars of self-defence. You fight imperialistic wars of aggression. I am a patriotic soldier. You are a war criminal. I am a freedom fighter. You are a terrorist. It is in language of this character that we carry on rational discourse in these days. These are the conventional epithets of the contemporary epic.

We have cause to regret that a legal concept of "terrorism" was ever inflicted upon us. The term is imprecise; it is ambiguous; and above all, it serves no …

Symposium: Terrorism In The Middle East, Hamilton Desaussure

Akron Law Review

TERRORISM, LIKE THE RECENT tornados which struck in the Midwest, can come upon the unwary with lightning swiftness, strike in unexpected places, leave in their trail devastation, death, and helpless victims, and generate in relatives, friends, and a concerned public a sense of frustration and futility. Frustration in the sense that there was so little forewarning of the dramatic events that are to leave the lives of certain individuals forever changed. Futility that so little seems to be accomplished to prevent such destructive forces from again unfolding. The tornado that struck Xenia, Ohio, on April 3, 1974, took more than …

Protocol I: Moving Humanitarian Law Backwards, Douglas J. Feith

Akron Law Review

Colonel Carnahan of the Office of the Joint Chiefs of Staff has reviewed some of the practical military problems with Protocol I. I would like to spend a little time on what might be called the philosophical - or broader political - problems. In particular, I would like to discuss the diplomatic conference that produced the protocol and how it demonstrated the links among law, politics, and terrorism.

When you get 126 countries together, as occurred at the diplomatic conference, there is a lot of politics. That is to say, Protocol I is not simply a legal matter than can …

Back To The Congressional Drawing Board: Inapplicability Of The Aumf To Al-Shabaab And Other New Faces Of Terrorism, Pierce Rand

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Can Banks Be Liable For Aiding And Abetting Terrorism?: A Closer Look Into The Split On Secondary Liability Under The Antiterrorism Act, Alison Bitterly

Fordham Law Review

    The Antiterrorism Act of 1990 (ATA) explicitly authorizes a private cause of action for U.S. nationals who suffer an injury “by reason of an act of international terrorism.” ATA civil litigation has increased dramatically following September 11, 2001—and banks, because of their deep pockets, have emerged as an increasingly popular target. Courts are divided concerning the scope of liability under the statute, specifically over whether the ATA authorizes a cause of action premised on secondary liability. Under a secondary liability theory, a plaintiff could argue that a bank, through providing financial services to a terrorist client, aided and abetted an …

Americans Have Yet To Grasp The Horrific Magnitude Of The ‘War On Terror’, Lauren Carasik

Media Presence

No abstract provided.

Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert

Georgia Journal of International & Comparative Law

No abstract provided.

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai

Loyola of Los Angeles Law Review

The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …

Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell

Loyola of Los Angeles Law Review

In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …

Contemporary Practice Of The Untied States Relating To International Law, April 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Iran Nuclear Framework Agreement Reached; Congress Seeks to Influence Negotiation • United States Lifts Some Cuba Restrictions and Explores the Possibility of Normalizing Relations • United States Responds to Alleged North Korean Cyber Attack on Sony Pictures Entertainment • Senate Select Committee on Intelligence Releases Executive Summary of Its Study of CIA’s Detention and Interrogation Program • President Obama Seeks Statutory Authorization for the Use of Military Force Against ISIL

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.

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

The International Lawyer

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Articles

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …

The Al Bahlul Argument: Article Iii, Conspiracy, And Precepts Of International Law, Peter Margulies

Law Faculty Scholarship

No abstract provided.

On International Law And Nuclear Terrorism, Louis R. Beres

Georgia Journal of International & Comparative Law

No abstract provided.

Democracy's Struggle Against Terrorism: The Powers Of Military Commanders To Decide Upon The Demolition Of Houses, The Imposition Of Curfews, Blockades, Encirclements And The Declaration Of An Area As A Closed Military Area, Emanuel Gross

Georgia Journal of International & Comparative Law

No abstract provided.

Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard

Georgia Journal of International & Comparative Law

No abstract provided.