Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- National Security Law (116)
- International Law (108)
- Social and Behavioral Sciences (64)
- Public Affairs, Public Policy and Public Administration (55)
- Arts and Humanities (54)
-
- History (50)
- International Humanitarian Law (47)
- Defense and Security Studies (46)
- Comparative and Foreign Law (44)
- Military History (41)
- Human Rights Law (37)
- Transnational Law (31)
- Law and Politics (30)
- Criminal Law (23)
- Law and Society (23)
- Political Science (18)
- Courts (16)
- Science and Technology Law (16)
- Constitutional Law (15)
- Jurisdiction (14)
- Jurisprudence (14)
- State and Local Government Law (14)
- Environmental Law (13)
- Immigration Law (12)
- International Relations (12)
- Law of the Sea (12)
- Peace and Conflict Studies (12)
- International and Area Studies (11)
- Institution
-
- University of Georgia School of Law (42)
- US Army War College (39)
- American University Washington College of Law (12)
- U.S. Naval War College (12)
- University of Michigan Law School (12)
-
- Duke Law (10)
- St. Mary's University (10)
- Southern Methodist University (9)
- Roger Williams University (7)
- Georgia Southern University (6)
- UIC School of Law (6)
- Maurer School of Law: Indiana University (5)
- Virginia Commonwealth University (5)
- Columbia Law School (4)
- University of Nebraska - Lincoln (4)
- Yeshiva University, Cardozo School of Law (4)
- Bemidji State University (3)
- DePaul University (3)
- New York Law School (3)
- University at Buffalo School of Law (3)
- University of Richmond (3)
- University of South Carolina (3)
- William & Mary Law School (3)
- Claremont Colleges (2)
- Embry-Riddle Aeronautical University (2)
- Florida State University College of Law (2)
- Fordham Law School (2)
- Old Dominion University (2)
- Pace University (2)
- Pepperdine University (2)
- Keyword
-
- Military (14)
- NATO (12)
- War (12)
- IHL (11)
- LOAC (11)
-
- Law of Armed Conflict (11)
- Terrorism (11)
- World War II (11)
- Syria (9)
- United Nations (9)
- Iraq (7)
- Use of Force (7)
- Vietnam (7)
- War and Peace (7)
- Afghanistan (6)
- Armed conflict (6)
- Armed conflicts (6)
- Army ROTC (6)
- China (6)
- Georgia Southern University (6)
- Human Rights Law (6)
- International Criminal Court (6)
- Iran (6)
- Self-defense (6)
- St. Mary’s Law Journal (6)
- St. Mary’s University School of Law (6)
- Warsaw Pact (6)
- Aggression (5)
- Army (5)
- Human rights (5)
- Publication
-
- Georgia Journal of International & Comparative Law (41)
- The US Army War College Quarterly: Parameters (38)
- Faculty Scholarship (12)
- International Law Studies (12)
- St. Mary's Law Journal (10)
-
- Articles (7)
- Faculty Journal Articles and Book Chapters (7)
- American University National Security Law Brief (5)
- Law Faculty Scholarship (5)
- Mighty Pen Project Anthology & Archive (5)
- Scholarly Articles in Law Reviews & Journals (5)
- Michigan Journal of International Law (4)
- UIC Review of Intellectual Property Law (4)
- Articles & Chapters (3)
- Articles by Maurer Faculty (3)
- College of Science & Mathematics: News & Publications (2012-2022) (3)
- International Human Rights Law Journal (3)
- Political Science Theses and Capstones (3)
- ROTC News Online (3)
- South Carolina Law Review (3)
- Buffalo Human Rights Law Review (2)
- Criminal Law Practitioner (2)
- Engineering Technology Faculty Publications (2)
- Faculty Publications (2)
- Faculty Research, Scholarly, and Creative Activity (2)
- Florida State University Law Review (2)
- Fordham Urban Law Journal (2)
- Independent Study Project (ISP) Collection (2)
- Law Faculty Publications (2)
- Life of the Law School (1993- ) (2)
- Publication Type
Articles 31 - 60 of 261
Full-Text Articles in Military, War, and Peace
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Northwestern University Law Review
This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Reframing The Archive: Vietnamese Refugee Narratives In The Post-9/11 Period, Mai-Linh Hong
Faculty Journal Articles
This article considers how recent narratives about Vietnamese refugees engage with the Vietnam War’s visual archive, particularly iconic photographs from the war and ensuing “boat people” crisis, and contribute to present-day discourses on American militarism and immigration. The article focuses on two texts, a National Public Radio special series about a US naval ship (2010) and Thanhha Lai’s Inside Out & Back Again (2011), which recounts a Vietnamese child’s refugee passage. By refiguring famous photojournalistic images from the war, the radio series advances a familiar rescue-and-gratitude narrative in which the US military operates as a care apparatus, exemplifying a cultural …
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts
Faculty Publications
No abstract provided.
Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Complex Combatant: Constructions Of Victimhood And Perpetrator-Hood In Gulu District, Northern Uganda, Kyra Fox
Independent Study Project (ISP) Collection
In the wake of the Lord’s Resistance Army (LRA) conflict in Northern Uganda, both the local and international community struggle to define the “victims” and “perpetrators” of a conflict that transformed ordinary civilians into combatants. Made up primarily of child soldiers, the LRA forcefully abducted and conscripted children across Northern Uganda to fight in a guerilla war against the Ugandan government. LRA members were forced to murder their own families and terrorize their home villages in an attempt to disorient and desensitize them to lives of violence. Some became willing, even eager fighters; others struggled daily to live with their …
Where Sovereign Immunity Ends And Liability Begins: A Functional Restructuring Of The United States Military Tort Compensation Scheme, Jordon Parker
Where Sovereign Immunity Ends And Liability Begins: A Functional Restructuring Of The United States Military Tort Compensation Scheme, Jordon Parker
Cardozo Journal of International and Comparative Law
The note critiques the current system of tort claims against the United States, particularly in cases involving the military, arguing that it is overly complex and fails to provide adequate compensation for injured individuals. It proposes replacing the existing tort system with a no-fault compensation scheme, similar to New Zealand’s Accident Compensation Act 2001, to better address the needs of victims.
Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty
Duke Law & Technology Review
Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from …
The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker
The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker
West Virginia Law Review
No abstract provided.
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Articles by Maurer Faculty
The literature surrounding the international legality of peacetime espionage has so far centered around one single question: whether there exist within treaty or customary international law prohibitive rules against the collection of foreign intelligence in times of peace. Lacking such rules, argue the permissivists, espionage functions within a lotus vacuum, one in which States may spy on each other and on each other's nationals with no restrictions, justifying their behavior through the argumentum ad hominem of "tu quoque." . . .
Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial, Peter Margulies
Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The War On Terror, How The Strategies Used By The United States Against Islamic Extremism Have Been Ineffective, Hein Paing
Student Works
The purpose of this thesis is to investigate the ineffective strategies used by the United States and coalition forces in the fight against Islamic extremist terrorism. The continuation of terrorist groups acting in the name of Islam begs the question as to just how well have these strategies worked, and what further measures must be taken in order to quell the existence of these organizations? This will be done through the examination of tactics such as the deployment of troops, bombardments from airstrikes, and the restrictive rules of engagements. When explored thoroughly, it will be easier to ascertain exactly why …
Classifying The Conflict In Syria, Terry D. Gill
Classifying The Conflict In Syria, Terry D. Gill
International Law Studies
This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply these …
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Pace International Law Review
Cyber-attacks take many forms, only some of which are applicable to the law of war. This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. This definition should encompass cyber-attacks perpetrated by states, unrecognized …
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
University of Miami Law Review
This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Georgia Journal of International & Comparative Law
No abstract provided.
A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust
A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon
Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon
Georgia Journal of International & Comparative Law
No abstract provided.
Lessons From Gaza: The Rhetoric And Reality Of Independence In War Crimes Investigations, Peter Margulies
Lessons From Gaza: The Rhetoric And Reality Of Independence In War Crimes Investigations, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack
Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell
Georgia Journal of International & Comparative Law
No abstract provided.
International Straits: The Right Of Access, R. P. Cundick
International Straits: The Right Of Access, R. P. Cundick
Georgia Journal of International & Comparative Law
No abstract provided.
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton
Georgia Journal of International & Comparative Law
No abstract provided.
How Personality Affects Vulnerability Among Israelis And Palestinians Following The 2009 Gaza Conflict, Daphna Canetti, Shaul Kimhi, Rasmiyah Hanoun, Gabriel A. Rocha, Sandro Galea, Charles A. Morgan Iii
How Personality Affects Vulnerability Among Israelis And Palestinians Following The 2009 Gaza Conflict, Daphna Canetti, Shaul Kimhi, Rasmiyah Hanoun, Gabriel A. Rocha, Sandro Galea, Charles A. Morgan Iii
National Security Faculty Publications
Can the onset of PTSD symptoms and depression be predicted by personality factors and thought control strategies? A logical explanation for the different mental health outcomes of individuals exposed to trauma would seem to be personality factors and thought control strategies. Trauma exposure is necessary but not sufficient for the development of PTSD. To this end, we assess the role of personality traits and coping styles in PTSD vulnerability among Israeli and Palestinian students amid conflict.We also determine whether gender and exposure level to trauma impact the likelihood of the onset of PTSD symptoms. Five questionnaires assess previous trauma, PTSD …
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd
Indiana Law Journal
This Note explores the disjunctive moral gap between a civilian ethic of mutual responsibility and the laws of war that eschew that ethic. To illustrate that gap, this Note conducts a case study of Virginia Woolf’s rendering of shell shock in her 1925 novel Mrs. Dalloway. The war put mass, mechanized killing at center stage, and international law permitted killing in war. But Woolf’s character study of Septimus Smith reveals that whether war-associated killing is “criminal” requires more than legal analysis. An extralegal approach is especially meaningful because it demonstrates the difficulty of processing and rationalizing global conflict that plays …
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Articles
As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
Syria: Can International Law Cope? Workshop Report, Christopher M. Ford
International Law Studies
The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …
Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam
Georgia Journal of International & Comparative Law
No abstract provided.
The Device Of Fiction In Public International Law, Jean J. A. Salmon
The Device Of Fiction In Public International Law, Jean J. A. Salmon
Georgia Journal of International & Comparative Law
No abstract provided.