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Full-Text Articles in Military, War, and Peace

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala May 2015

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …


Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello May 2015

Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello

William & Mary Law Review

No abstract provided.


Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen May 2015

Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen

International Law Studies

The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts, the legal …


State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts May 2015

State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts

International Law Studies

International humanitarian law has developed through a pluralistic process. Its history reveals a pattern of rough proportionality between State opinio juris and non-State expressions of law. These diverse sources have maintained a respectable yet realistic balance between humanity and military necessity. However, current IHL dialogue presents a stark contrast to the vibrant and pluralistic exchanges of the past. The substantive input of non-State actors such as non-governmental organizations, tribunals, and scholars far outpaces the work of States. Parity of input, especially in quantitative terms, is surely too much to demand and surely not necessary given the special status of State …


Public Acknowledgement And Investigations Of U.S. “Targeted Killings” And Drone Strikes, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, European Center For Constitutional And Human Rights, Human Rights Clinic, Human Rights First, Human Rights Watch, Open Society Foundations, Reprieve May 2015

Public Acknowledgement And Investigations Of U.S. “Targeted Killings” And Drone Strikes, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, European Center For Constitutional And Human Rights, Human Rights Clinic, Human Rights First, Human Rights Watch, Open Society Foundations, Reprieve

Human Rights Institute

The United Nations, local and international human rights organizations, and journalists have investigated and reported numerous cases in which there is credible evidence of harm to Yemeni, Pakistani, and other civilians from U.S. strikes carried out in secret, often using drones. The families of those individuals are still seeking redress and accountability, and the continued refusal of your administration even to officially acknowledge their losses compounds their suffering


Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn Apr 2015

Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski Apr 2015

Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski

Seattle University Law Review

Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United States Air …


The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps Apr 2015

The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps

Political Science Theses and Capstones

The Cold War has been studied repeatedly since the war supposedly ended in 1991. However recent events are starting to cause some concern and make many question whether or not the Cold War actually ended, if it took a different shape or perhaps has just been on pause. I argue that the Cold War has been a conflict that has been going on since 1947 and although the conflict has looked differently in recent decades the conflict was never properly put to an end. The research analyzes US decision making with respect to Russian and Asian relations over the last …


Book Review: El Conflicto Honduras - El Salvador Y El Orden Juridico Internacional. James Rowles. Editorial Universitario Centroamericana (Educa). Costa Rica, 1980., José R. Pagés Apr 2015

Book Review: El Conflicto Honduras - El Salvador Y El Orden Juridico Internacional. James Rowles. Editorial Universitario Centroamericana (Educa). Costa Rica, 1980., José R. Pagés

Georgia Journal of International & Comparative Law

No abstract provided.


Internal Colonialism And Humanitarian Intervention, M. Sornarajah Apr 2015

Internal Colonialism And Humanitarian Intervention, M. Sornarajah

Georgia Journal of International & Comparative Law

No abstract provided.


Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram Apr 2015

Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley Apr 2015

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


Guaranteeing Republics To The Confederate States: A Guarantee Clause Justification For Lincoln’S Response To Civil War, Michael Morea Apr 2015

Guaranteeing Republics To The Confederate States: A Guarantee Clause Justification For Lincoln’S Response To Civil War, Michael Morea

Pepperdine Law Review

There has been substantial debate over the constitutionality of Lincoln’s response to secession and his role as executive during the Civil War. While many historians and legal experts accept the theory that Lincoln, as president, was vested by Article II with power to act decisively in suppressing secession in an effort to preserve the Union, there is branch of libertarian thought that remains unconvinced that his tactics were constitutional. For example, three-time presidential candidate Ron Paul, in an interview with “Meet the Press,” stated that Lincoln should not have gone to war, arguing that Lincoln’s actions were motivated by the …


Displaced Persons: "The New Refugees" (The Dean Rusk Award Recipient), David Hull Apr 2015

Displaced Persons: "The New Refugees" (The Dean Rusk Award Recipient), David Hull

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley Apr 2015

Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law Apr 2015

Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles Apr 2015

The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles

Georgia Journal of International & Comparative Law

No abstract provided.


Role Of The United Nations In Internal Conflict, Paul C. Szasz Apr 2015

Role Of The United Nations In Internal Conflict, Paul C. Szasz

Georgia Journal of International & Comparative Law

No abstract provided.


Enforcement: The Difference Between The Laws Of War And The Geneva Conventions, Richard L. Fruchterman Jr. Apr 2015

Enforcement: The Difference Between The Laws Of War And The Geneva Conventions, Richard L. Fruchterman Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf Apr 2015

Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf

Georgia Journal of International & Comparative Law

No abstract provided.


Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert Apr 2015

Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert

Georgia Journal of International & Comparative Law

No abstract provided.


Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper Apr 2015

Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction To Panel Ii: Humanitarian Law: The Lincoln-Lieber Initiative, George D. Haimbaugh Jr. Apr 2015

Introduction To Panel Ii: Humanitarian Law: The Lincoln-Lieber Initiative, George D. Haimbaugh Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I--General Discussion, Georgia Journal Of International And Comparative Law Apr 2015

Panel I--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Gradations Of Intervention In Internal Conflicts, Louis B. Sohn Apr 2015

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Humanitarian Intervention: Help To Your Friends And State Practice, Roger S. Clark Apr 2015

Humanitarian Intervention: Help To Your Friends And State Practice, Roger S. Clark

Georgia Journal of International & Comparative Law

No abstract provided.


Practical Considerations For The Development Of Legal Standards For Intervention, Michael J. Matheson Apr 2015

Practical Considerations For The Development Of Legal Standards For Intervention, Michael J. Matheson

Georgia Journal of International & Comparative Law

No abstract provided.


Intervention In Internal Conflict: The Case Of Nicaragua, Lawrence A. Pezzullo Apr 2015

Intervention In Internal Conflict: The Case Of Nicaragua, Lawrence A. Pezzullo

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Standards For Intervention In Internal Conflicts, John N. Moore Apr 2015

Legal Standards For Intervention In Internal Conflicts, John N. Moore

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction, Bernard A. Ramundo Apr 2015

Introduction, Bernard A. Ramundo

Georgia Journal of International & Comparative Law

No abstract provided.