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The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring

International Law Studies

No abstract provided.

Full Volume 75: International Law Across The Spectrum Of Conflict

International Law Studies

No abstract provided.

The Initiation, Suspension, And Termination Of War, Yoram Dinstein

International Law Studies

No abstract provided.

Index (Volume 74)

International Law Studies

No abstract provided.

Table Of Contents (Volume 74)

International Law Studies

No abstract provided.

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

Trends. Problems With The National Ignition Facility: Implications For Leadership And Test Bans, Ibpp Editor

International Bulletin of Political Psychology

This article examines issues surrounding the National Ignition Facility (NIF), designed to allow scientists to study the properties of nuclear weapons without detonating them.

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl

Scholarly Articles

Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …

The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat

Michigan Journal of International Law

The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.

Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe

Michigan Journal of International Law

This Article applies these principles of discrimination to the real, rather than idealized, use and characteristics of cluster bombs. Briefly stated, these principles call upon parties to an armed conflict to distinguish between civilians and combatants and to weigh the military advantages of a particular weapon or type of attack against the harm it will do to civilians and civilian objects. This Article also considers briefly the global problem of cluster munitions and examines fundamental components of the discrimination principle as they apply to cluster bombs. As three specific case studies, it analyzes the use of cluster bombs by breakaway …

Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl

Scholarly Articles

The creation of the International Criminal Court (ICC) enables the international community to hold accountable those who inflict violence in the form of sexual and ethnic hatred. Drawing on case studies from Rwanda and Bosnia, the author observes the extent to which retributive criminal justice can deter offenders and foster structural societal change.

Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law

Michigan Journal of International Law

Symposium transcript.

Prosecuting The "Fog Of War?, Christopher D. Booth

Vanderbilt Journal of Transnational Law

In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

European Court Of Human Rights Overturns British Ban On Gays In Military, Richard Kamm

Human Rights Brief

No abstract provided.

Book Review: New Chemical Weapons Convention: Implementation And Prospects, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Review of The New Chemical Weapons Convention: Implementation and Prospects by Michael Bothe, Natalino Ronzitti, and Allan Rosas (1998).

This book, a fine-grained, expert-level analysis of several of the most intricate legal and policy issues arising in connection with the 1993 Chemical Weapons Convention (CWC), also serves as a vivid symbol of the "coming of age" of arms control. For all their strategic significance and political innovation, earlier generations of arms control treaties--bilateral or multilateral, concerning nuclear, chemical, biological, or other weapons--could not plausibly have spawned this type of 600-page exegesis or inspired the painstaking, inch-by-inch explorations presented in its …

Treaty Implementation: Lessons Taught By U.S./U.K. Cooperation Under The Nato Status Of Forces Agreement, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.

Faculty Scholarship

The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.

The Legality Of The Nato Bombing Operation In The Federal Republic Of Yugoslavia, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

War Crimes And The Limits Of Legalism, Gary Jonathan Bass

Michigan Law Review

In April 1945, Sir John Simon, Britain's Lord Chancellor, drew up a memorandum that was the last gasp in the diplomatic struggle against Nuremberg. Under American pressure, and despite British objections, the Allies were poised to agree to put the Axis leadership on trial for war crimes. In the kind of magnificent understatement that the British government could sometimes inadvertently achieve, it was entitled "The Argument for Summary Process against Hitler & Co." The memorandum was a series of arguments to be used by the British delegation at the San Francisco conference in a last-ditch effort to win over the …

Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry

Indiana Journal of Global Legal Studies

No abstract provided.

The Demonization Of Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

This article discusses the case of Jonathan Pollard, and the issues surrounding his conviction of spying for Israel while acting as a U.S. naval intelligence analyst. Cited are the writer's view of the inequities of his conviction, and possible political motivations for his sentence.

Pollard Treated Unfairly, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Justice And Jonathan Pollard, Angelo Codevilla, Irwin Cotler, Alan Dershowitz, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Implications Of A Palestinian State For Israeli Security And Nuclear War: A Jurisprudential Assessment, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter

UIC Law Review

No abstract provided.

Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch

Faculty Scholarship

Since the title for this panel is "Presidential Uses of Force and Other Sanction Strategies," I will begin with "other sanction strategies" – that is, other than use of force. I would rather not be cast in the role of the dove on the panel to comment on illegitimacy of uses of force (presidential or otherwise), because I do not want to rule out or necessarily oppose presidential uses of force for counter-terrorism purposes in all circumstances. Indeed, I find myself in considerable agreement with Professor Reisman's lecture. Although I have disagreed with some of his writings and positions on …