Military, War, and Peace Commons^™

Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Darfur, The Authority Of Law, And Unilateral Humanitarian Intervention, 39 U. Tol. L. Rev. 97 (2007), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

Why Sudan? Ambiguous Identities Forge Persistent Conflict, Laura Nyantung Beny

Articles

The following essay is excerpted from the prospectus for Perspectives on Genocide and Genocidal Violence in the Sudan, edited by Law School Assistant Professor Laura N. Beny, Sondra Hale of UCLA, and Lako Tongun of Claremont Colleges, California. The book is under advance contract for publication by the University of Michigan Press. Its 14 chapters, written by prominent historians, anthropologists, social scientists, political leaders, and others, “tell overlapping stories about the social constructions of race, gender, culture, and religious and political loyalties, each of which underlies the longstanding conflict” in Sudan, according to Beny, whose essay in the book is …

State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway

Michigan Journal of International Law

This Article begins with an examination of the development of the law of war (Part II) and human rights law (Part III) before looking at the differing legal categories of armed conflict (Part IV). It then examines the applicability of human rights law in situations of armed conflict (Part V) and the increasing complexity of defining violence, whether as armed conflict or otherwise (Part VI). The Article proceeds with an examination of the overlap between the law of war and human rights law (Part VII) and the risk of divergence that this overlap causes (Part VIII). Finally, it seeks to …

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Research Reports & White Papers

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …

Hamdan Confronts The Military Commissions Act Of 2006, George P. Fletcher

Faculty Scholarship

In 2006 the law of war experienced two major shock waves. The first was the decision of the Supreme Court in Hamdan, which represented the first major defeat of the President's plan, based on an executive order of November 2001, to use military tribunals against suspected international terrorists. The majority of the Court held the procedures used in the military tribunal against Hamdan violated common article three of the Geneva Conventions. A plurality offour, with the opinion written by Justice Stevens, based their decision as well on afar-reaching interpretation of the substantive law of war. They held that conspiracy …

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George

Faculty Scholarship

This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …

The War On Speech In The War On Terror: An Examination Of The Espionage Act Applied To Modern First Amendment Doctrine, Emily Posner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

“I’M Just Talking About The Law”: Guantánamo And The Lawyers, Marten Zwanenburg

Human Rights & Human Welfare

A review of:

Guantánamo: The War on Human Rights by David Rose. New York: The New Press, 2004.

Noble Human Rights Defender Or International Band-Aid? On Contemporary Humanitarianism, Kurt Mills

Human Rights & Human Welfare

A review of:

The Humanitarians: The International Committee of the Red Cross by David P. Forsythe. Cambridge: Cambridge University Press, 2005.

Making Sense Of A Senseless War, J. Peter Pham

Human Rights & Human Welfare

A review of:

A Dirty War in West Africa: The RUF and the Destruction of Sierra Leone by Lansana Gberie. Bloomington, IN: Indiana University Press, 2005.

and

Young Soldiers: Why They Choose to Fight by Rachel Brett and Irma Specht. Boulder, CO: Lynne Rienner Publishers, 2005.

The Ethics Of Torture, Rebecca Evans

Human Rights & Human Welfare

A review of:

Torture: Does It Make Us Safer? Is It Ever OK? A Human Rights Perspective. Edited by Kenneth Roth and Mindy Worden. New York: The New Press, 2005. 201 pp.

Human Rights And The War On Terror Second Edition: Introduction, Jack Donnelly

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”

Title Page

Human Rights & Human Welfare

Title page for the 2007 supplement to the Human Rights and the War on Terror topical research digest.

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

Remarks On Intervention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Rule Of Law And The Military Commission, Stephen J. Ellmann

Articles & Chapters

This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Gabriel H. Teninbaum On The Witnesses: War Crimes And The Promise Of Justice In The Hague By Eric Stover. Philadelphia: University Of Pennsylvania Press, 2005. 230 Pp., Gabriel H. Teninbaum Esq.

Human Rights & Human Welfare

A review of:

The Witnesses: War Crimes and the Promise of Justice in The Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 230 pp.

Redefining Torture In The Age Of Terrorism: An Argument Against The Dilution Of Human Rights, Miri Lim

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Modern Condottieri In Iraq: Privatizing War From The Perspective Of International Human Rights Law, Antenor Hallo De Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling

ExpressO

Private Military Companies (PMCs) are civilian staffed corporations that provide military (and law enforcement) services, logistics, and support under contract to a government both inside and outside the country’s borders. Prior to Congress passing the Military Extraterritorial Jurisdiction Act, U.S. courts lacked jurisdiction to prosecute civilians accompanying United States’ Armed Forces overseas. This article will specifically address how the United States exercises jurisdiction and prosecutes the civilian employees of PMCs in United States courts for crimes they have committed in foreign countries while working under contract to the United States government.

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan

San Diego International Law Journal

Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …

Provincializing Transitional Justice: Reading The International Criminal Tribunal For Rwanda Against The Grain, Jatin Dua

Archived Theses and Dissertations

No abstract provided.

Green Berets, Blue Berets... White Berets?: How & When Republics Participate In Humanitarian Military Intervention, Paul W. Kaufman

Cardozo Journal of International and Comparative Law

No abstract provided.

The Unexplored Option: Jewish Settlements In A Palestinian State, David M. Phillips

ExpressO

The withdrawal of Israeli settlers and soldiers from the Gaza Strip, the recent Hamas victory in the Palestinian Authority elections, and the results of the Israeli elections in which the newly-formed Kadima Party received a plurality of the votes have all focused attention upon the fate of Israeli Jewish settlements on the West Bank. Most parties consider the continued existence of the settlements as precluding a peaceful resolution of the Israeli-Palestinian conflict and their establishment as having violated international law. The assumption that their presence precludes peace is premised primarily on the assumption that Israeli settlements will eventually mean Israeli …

Leaving Guantánamo: The Law Of International Detainee Transfers, Robert M. Chesney

University of Richmond Law Review

No abstract provided.

Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.

Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan

UIC Law Review

No abstract provided.