Military, War, and Peace Commons^™

Elihu Root And Crisis Prevention, Mary Ellen O'Connell

Journal Articles

Elihu Root pursued two themes relevant to international law and crisis. He believed firmly in the value of arbitration and adjudication to prevent crisis. He also worked toward the codification and greater specificity of international law so that judges and arbitrators would have more law available to apply in aid of crisis prevention. When crisis had not been prevented, as in the case of World War I, Root did not in fact believe international law-either process or substance-had much to offer. In his view, the Kaiser started World War I because he was bent on hegemony. Arbitration would not stop …

Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurulé

Journal Articles

Examines current international law governing use of force extraterritorially; in light of the Alvarez-Machain case in which a Mexican national suspected of murder was forcibly extradited to stand trial in the US.

Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell

Journal Articles

Can the United Nations (UN or Organization) send military forces into civil war without the consent of the parties to the conflict? To date, it never has, but with the end of the Cold War, the Organization is in a position to think again about its proper role in civil war. During the past year, the Security Council has had requests to intervene in the civil wars in Iraq, Yugoslavia, and Somalia. So far, the UN has sent troops to Iraq and Yugoslavia but only after getting the consent of all parties.

The Security Council's recent decisions conform with the …

On Clandestine Warfare, Robert E. Rodes

Journal Articles

Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …

Military Action In Labor Disputes, William Burns Lawless

Journal Articles

Generally, we may say that the executive power to initiate military action is commensurate with the emergency. If the situation is grave, the civil courts may be closed and a military commission appointed by the governor to substitute for the judiciary. In all events the power is potentially a vast one. Discriminate, ly applied it bargains a temporary suspension of rights for a restoration of law and order.

Constitutional Law - War Powers Of Congress (Validity Of Conscription Act), Francis Joseph Vurpillat

Journal Articles

This paper was read before The Round Table of South Bend, Indiana, and before the classes in constitutional law prior to the rendition of the decision by the United States Supreme Court, sustaining the Conscription Act. The paper is here presented in its original form, by request, on account of its controversial character and legal-brief style, the subject-matter of constitutional law and war powers being ever new to students of the law.