International Law Commons^™

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, Ralph Ruebner

Georgia Journal of International & Comparative Law

No abstract provided.

Revamping International Securites Laws To Break The Financial Infrastructure Of Global Terrorism, Sireesha Chenmolu

Georgia Journal of International & Comparative Law

No abstract provided.

Rogue States, Weapons Of Mass Destruction, And Terrorism: Was Security Council Approval Necessary For The Invasion Of Iraq?, Jason Pedigo

Georgia Journal of International & Comparative Law

No abstract provided.

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.

Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Boko Haram Terrorism: Reaching Across International Boundaries To Aid Nigeria In The Humanitarian Crisis, Lynn L. Taylor

ILSA Journal of International & Comparative Law

Every day parents around the world send their children to school with the expectation their children's lives will be improved by the education they receive.

Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier

University of Baltimore Journal of International Law

Boko Haram has been active since 2002, however, most of the world became familiar with the Islamic terrorist group in April of 2014 after they kidnapped approximately 276 girls from a boarding school in northeastern Nigeria.1 The group’s leader, Abubakar Shekau, announced in a video that the kidnapping was an act of retaliation after Nigerian security forces kidnapped the wives and children of Boko Haram leaders.2 He also stated that the girls would be forced to convert to Islam and sold into the slave market to begin their new lives as “servants.”3 The kidnapping was not the first act of …

Accelerated Formation Of Customary International Law, Michael P. Scharf

Faculty Publications

This article examines the phenomenon of accelerated formation of customary international law. It argues that in periods of fundamental change (which the author characterizes as "Grotian Moments"), whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The article examines several case studies that explore the application and contours of the concept of "Grotian Moments."

‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection, Neha Bhat

San Diego International Law Journal

This paper is structured as follows: Part II traces the development of international instruments on the definition of terrorism, terrorist activities and “incitement to terrorism.” Part III first explores the normative framework of exclusion under the 1951 Convention and how the RSD procedure has undergone a notional shift, with exclusion considerations becoming more central. The section will then look at the provisions of Article 1F of the 1951 Convention, which contain the exclusion clauses and also discuss incorporation of terrorism exception to the asylum law framework in the United States. Part IV concludes with the proposition that the dangers of …

The Trickle-Down War, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

The history of the European nation-state, wrote political sociologist Charles Tilly, is inextricably bound up with the history of warfare. To oversimplify Tilly’s nuanced and complex arguments, the story goes something like this: As power-holders (originally bandits and local strongmen) sought to expand their power, they needed capital to pay for weapons, soldiers and supplies. The need for capital and new recruits drove the creation of taxation systems and census mechanisms, and the need for more effective systems of taxation and recruitment necessitated better roads, better communications and better record keeping. This in turn enabled the creation of larger and …

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

International Law Studies

No abstract provided.

Continued Oversight Of U.S. Government Surveillance Authorities : Hearing Before The S. Committee On The Judiciary, 113th Cong., December 11, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero

Testimony Before Congress

My views are informed by this up-front perspective regarding how the USA PATRIOT Act of 2001, the Intelligence Reform and Terrorism Prevention Act of 2004, and later the FISA Amendments Act of 2008, vastly improved the Intelligence Community’s ability to protect the nation from another attack on the scale of September 11th. More recently, I have had the added benefit of having spent the past three years outside of government to reflect, and to engage with the academic community, and to some extent the public, regarding some of the issues this Committee is considering today.

Al-Libi And Detention At Sea, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Continued Oversight Of The Foreign Intelligence Surveillance Act : Hearing Before The S. Committee On The Judiciary, 113th Cong., October 2, 2013 (Statement By Professor Carrie F. Cordero, Geo. U. L. Center), Carrie F. Cordero

Testimony Before Congress

From my perspective, the challenge for members of this Committee is to identify whether there are actual problems with either the law or process, and then craft remedies that address those specific issues. I am here to urge caution in implementing “quick fixes” that may sound appealing based on public or media-driven pressure, but that could have lasting consequences at a practical level that could negatively impact Intelligence Community operations and the nation’s security for years to come.

Continued Oversight Of The Foreign Intelligence Surveillance Act : Hearing Before The S. Committee On The Judiciary, 113th Cong., October 2, 2013 (Remarks By Professor Laura K. Donohue, Geo. U. L. Center), Laura K. Donohue

Testimony Before Congress

Congress introduced the 1978 Foreign Intelligence Surveillance Act (FISA) to make use of new technologies and to enable the intelligence community to obtain information vital to U.S. national security, while preventing the National Security Agency (NSA) and other federal intelligence-gathering entities from engaging in broad domestic surveillance. The legislature sought to prevent a recurrence of the abuses of the 1960s and 1970s that accompanied the Cold War and the rapid expansion in communications technologies.

Congress purposefully circumscribed the NSA’s authorities by limiting them to foreign intelligence gathering. It required that the target be a foreign power or an agent thereof, …

On Monday's Argument In Al-Bahlul, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Final Word On The Bahlul Brief, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Sur-Reply To Heller On Al Bahlul, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Response To Steve Vladeck And Kevin Jon Heller, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Islamic History & Al-Qaeda: A Primer To Understanding The Rise Of Islamist Movements In The Modern World, Andrew M. Bennett

Pace International Law Review Online Companion

A decade following the 9/11 attacks, the objectives and motivations of Osama Bin Laden and Al-Qaeda remain largely unknown to the American public. Since the mission of Al-Qaeda is embedded in its interpretation of the history and traditions of Islam, increased analysis on the intellectual framework of Al-Qaeda provides valuable insight into this dangerous ideology that will remain a strategic threat to the United States for the foreseeable future. While more recent successes against the Al-Qaeda organization have encouraged talk of “the end of Al-Qaeda,” the broader ideology remains alive and well. The rise in support for the Islamist groups …

Shari'ah Law As National Security Threat?, Cyra Akila Choudhury

Faculty Publications

This Article examines the recently proposed anti-shari’ah laws of Tennessee, Oklahoma and Arizona. It begins by examining the laws and their justifications and analyzes the 10th Circuit decision in Awad v. Ziriax upholding the injunction against Oklahoma’s Save Our State amendment. It then carefully analyzes the cases that have been cited as examples of shari’ah-creep and reveals that they are actually routine examples of comity and conflicts of law rules applied properly by a properly functioning judiciary. If these laws are not national security measures, what is their true purpose? The Article posits that the new laws are the latest …

The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel

Maryland Journal of International Law

No abstract provided.

The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez

Maryland Journal of International Law

No abstract provided.

Trying Terrorism: Joint Criminal Enterprise, Material Support, And The Paradox Of International Criminal Law, Alexandra Link

Michigan Journal of International Law

This Note will examine theoretical problems in ICL and public international law by evaluating the practical implications of applying ICL sources to find criminal liability outside the narrow confines of the international tribunals. It will examine the problems posed by the conflicting standards of the Rome Statute and ICTY jurisprudence as a matter of customary international law, the failure of U.S. courts to effectively confront the contextual and doctrinal analysis necessary to determine the limitations of these sources, and the proper application of these sources to the issues raised in Hamdan II and Al Bahlul. Viewing ICL through the lens …

Targeting And The Concept Of Intent, Jens David Ohlin

Michigan Journal of International Law

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …

Self-Defense Against Terrorists: The Meaning Of Armed Attack, Steven Ratner

Book Chapters

The last decade has witnessed increased recourse by states to military force to respond to terrorist attacks on their soil that have originated from abroad. A number of states -- including the United States -- have justified these military actions as lawful self-defense in response to an armed attack, as permitted under Article 51 of the United Nations Charter. These claims raise multiple interpretive questions about the meaning of "armed attack" under Article 51 and of the various options that are allowed in response to one. This essay explores the contemporary understanding of an "armed attack" in terms of an …

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …

The Secret "Kill List" And The President, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev

San Diego International Law Journal

The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …