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Articles 31 - 60 of 71
Full-Text Articles in Military, War, and Peace
State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley
State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley
Georgia Journal of International & Comparative Law
No abstract provided.
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
Georgia Journal of International & Comparative Law
No abstract provided.
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Georgia Journal of International & Comparative Law
No abstract provided.
The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles
The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles
Georgia Journal of International & Comparative Law
No abstract provided.
The Right Of Counterintervention, John A. Perkins
The Right Of Counterintervention, John A. Perkins
Georgia Journal of International & Comparative Law
No abstract provided.
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
Journal Articles
The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.
The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin
The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin
International Law Studies
Commercial communication satellite signals have become increasingly attractive targets for intentional interference by State and non-State actors. This article discusses the law applicable to satellite signal interference in peacetime, as well as during armed conflict. Specifically, the piece discusses the threshold at which intentional interference may constitute a use of force.
Humanitarian Intervention Post-Syria: Legitimate And Legal?, Milena Sterio
Humanitarian Intervention Post-Syria: Legitimate And Legal?, Milena Sterio
Law Faculty Articles and Essays
This article looks at the state of affairs under international law by focusing on the existing ban on the use of force and the established exceptions thereto as of December 2014. Topics discussed include the concept of humanitarian intervention, the civil crises in Syria, and international law for the legality of military intervention in Syria. It also examines Harold Koh's proposed normative framework for humanitarian intervention.
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, April 2014, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
International Law And The Future Of Peace, Diane Marie Amann
International Law And The Future Of Peace, Diane Marie Amann
Scholarly Works
These remarks, delivered at the April 4, 2013, luncheon of the American Society of International Law Women in International Law Interest Group, reflects on contributions of Jane Addams and other members of the early 20th C. peace movement as a means to explore law and practice related to the contemporary use of force and armed conflict.
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott
St. Mary's Law Journal
A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Rethinking Legality/Legitimacy After The Iraq War, Christine Chinkin
Book Chapters
My topic is legality and legitimacy after the Iraq war. I will start by problematizing the question. First, it is too limited. Why should the question be defined in terms of "after the Iraq war;' not after some other event such as the war in the Democratic Republic of the Congo where some four million people have died and where the health consequences of HIV/ AIDS will continue for generations? Events, even catastrophic events, from which powerful actors have remained aloof, have little visibility as key incidents in the evolution of international law. They are not deemed the "moments of …
Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi
Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi
Florida A & M University Law Review
No abstract provided.
The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman
The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman
Michigan Journal of International Law
This Article argues that the most difficult future crises for which this legal debate is most consequential will not resemble those described by Prime Minister Thatcher or Director ElBaradei. Rather, in confronting potentially hostile and aggressive states believed to pose a WMD threat, decisionmakers contemplating the use of force will face an intelligence picture that is open to reasonable debate (contra Thatcher) and irresolvable to high levels of certainty (contra ElBaradei). This paper examines how competing legal approaches deal with this epistemic problem.
Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson
Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson
Publications
This article explains that under international law nations are not permitted to use force to impose democracy on other nations and that such an approach is also impracticable and undesirable from a policy perspective.
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell
Journal Articles
The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the …
Book Review, Mary Ellen O'Connell
Book Review, Mary Ellen O'Connell
Journal Articles
Reviewing, Necessity, Proportionality and the Use of Force by States. By Judith Gardam. Cambridge, New York: Cambridge University Press, 2004.
Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay
Preventive Use Of Force: The Case Of Iraq, Feisal Amin Istrabadi, Henry Bienen, Jan Wouters, David Hannay
Articles by Maurer Faculty
No abstract provided.
The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi
The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi
Articles by Maurer Faculty
No abstract provided.
The Use Of Force And (The State Of) Necessity, Andreas Laursen
The Use Of Force And (The State Of) Necessity, Andreas Laursen
Vanderbilt Journal of Transnational Law
At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
San Diego International Law Journal
This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.
Preemptive Strategies In International Law, Michael N. Schmitt
Preemptive Strategies In International Law, Michael N. Schmitt
Michigan Journal of International Law
This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?
When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku
When Can Nations Go To War? Politics And Change In The Un Securtiy System, Charlotte Ku
Michigan Journal of International Law
In an appreciation of Harold Jacobson written for the American Journal of International Law, the author concluded that following the events of September 11, 2001, we would need the kind of gentle wisdom Harold Jacobson brought to his tasks more than ever. The author also recalled Harold Jacobson's own observation in Networks of Interdependence that his assessment of the global political system was an optimistic, but not a naive one. These qualities of quiet determination to get to the bottom of an issue and of optimism stemmed from a fundamental belief that individuals, armed with information and the opportunity …
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
Michigan Journal of International Law
This paper proceeds as follows. In Part I, the author discuss a pluralistic theory of accountability. He begins by defining accountability in a standard fashion, emphasizing two conditions: the availability of information to accountability-holders, and their ability to sanction power-wielders. The author then proceeds to discuss a pluralistic conception of accountability systems. Part II then develops a typology of eight accountability mechanisms, all of which are found in democratic societies, but not all of which are democratic per se. Part III builds on the Jacobson-Ku discussion of the current practices, relative to accountability, of the Security Council and asks …
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
Journal Articles
Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
Michigan Journal of International Law
In this Article, the author attempts a comprehensive international legal analysis of "non-lethal" weapons to raise awareness about how many international legal issues they create and about the complexity of analyzing the international legality of the development and use of these weapons. In short, the emergence of "non-lethal" weapons does not rescue international law from its crisis in connection with controlling war. Indeed, in some respects, the coming of "non-lethal" weapons threatens to deepen that crisis in new and disturbing ways.
Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf
Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf
Michigan Journal of International Law
Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.
The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley
The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley
Michigan Journal of International Law
In-the post-Cold War period, the United Nations Security Council has emerged from a side show of international politics to center stage. It has acted to repel aggression, to promote humanitarian efforts, and to enforce democracy. This flowering of activity holds the potential for achieving concerted international action to remedy situations involving great human misery.
War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler
War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurulé
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.