Military, War, and Peace Commons^™

Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis

Michigan Journal of International Law

This article's purpose is not to search for particular conclusions as to the substantive merit or the present legal status of the right of humanitarian intervention as defined and in view of this seeming tension between recent practice and established principle. Its governing concern, rather, lies with: fundamental principles of analysis and method; the formal sources of public international law consulted in the examination of the validity of humanitarian intervention; how normative determinations are reached in the first place; and the techniques which are adopted in navigating our course to these ends.

Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt

Michigan Journal of International Law

After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …

Skeptical Scrutiny Of Plenary Power: Judicial And Executive Branch Decision Making In Miller V Albright, Cornelia T. Pillard, T. Alexander Aleinikoff

Georgetown Law Faculty Publications and Other Works

In 1996, just a few months after the United States successfully urged the Supreme Court in United States v. Virginia to invalidate as sex-discriminatory the male-only admissions policy at the Virginia Military Institute, the District of Columbia Circuit in Miller v. Albright upheld a federal law that used an express, sex-based distinction. Section 309(a) of the Immigration and Nationality Act (INA) makes it harder for male U.S. citizens than for female citizens to convey their citizenship to their children if those children were born abroad out of wedlock and the other parent was not a U.S. citizen. Notwithstanding the United …

The Relevance Of The Concepts Of War And Armed Conflict To The Law Of Neutrality, Georgios C. Petrochilos

Vanderbilt Journal of Transnational Law

The law of neutrality applies among states engaged in war and third states seeking to maintain friendly relations with the belligerent states. While belligerent parties possess belligerent rights, including those in the Law of Prize, states deemed neutral must fulfill certain neutral duties. In exchange, neutral states enjoy the protection afforded to neutral parties by the law of neutrality.

The Article focuses on the state of affairs that triggers application of the law of neutrality. The law addressing this issue leaves many questions unanswered. This Article addresses the importance of the declaration of war by belligerent states in assessing whether …

Task Force Statement Of The Twentieth Century Fund's Task Force On Apprehending Indicted War Criminals: Meeting The Obligations Of Justice, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Agony Of The Innocents, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Trends: Teaching Torture And Oppression With U.S. Tax Dollars, Nicole Grimm, Mair Mccafferty

Human Rights Brief

No abstract provided.

The Stories We Must Tell: Ugandan Children And The Atrocities Of The Lord's Resistance Army, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay is about stories--the stories that we are told and the stories that we, in turn, tell to others. It has become a truism that we have lost our faith in master narratives and that the "real" is composed of many competing narratives, all fragmentary, contradictory, overlapping. In this article, the author discusses the problems this view poses for those of us who see ourselves as advocates and activists rather than solely--or primarily--as scholars, but who nonetheless seek to combine social activism with intellectual rigor and honesty. In particular, she discusses the dilemmas this creates for the human rights …

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Comments On Walzer's "Judgment Days": Public Accountability For The Egregious Behavior Of, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on Michael Walzer's "Judgment Days". Walzer's article was published in The New Republic, December 15, 1997, pp. 13-14.

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis

University of Michigan Journal of Law Reform

The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …

A Postscript On Vmi, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Spontaneous Order Of War Powers, John O. Mcginnis

Articles

No abstract provided.

A Straight Word On Sex For The United States Armed Forces, Ibpp Editor

International Bulletin of Political Psychology

This article presents aspects of a policy on sexuality that will support "good order and discipline," "character," and other hypothetical constructs allegedly associated with a military's contribution to the security of its sponsors. (For a related article see "Sex as a Military Weapon" in IBPP Vol. 1, No. 14, February 28,1997.)

A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola

Indiana Journal of Global Legal Studies

No abstract provided.

Pollard And Priorities, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Long Overdue, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

A Mythical State's Attitude Toward The Role Of The United Nations Maintaining And Restoring Peace, Frederic L. Kirgis

Scholarly Articles

No abstract provided.

The Klaus Barbie Trail And Crimes Against Humanity, Jean-Olivier Viout

Hofstra Law & Policy Symposium

No abstract provided.

"The Murderers Among Them" - German Justice And The Nazis, Fritz Weinschenk

Hofstra Law & Policy Symposium

No abstract provided.

The International Criminal Tribunal For The Former Yugoslavia: It's Functioning And Future Prospects, Claude Jorda

Hofstra Law & Policy Symposium

No abstract provided.

Report Of The International Criminal Tribunal For Rwanda, Robert F. Van Lierop

Hofstra Law & Policy Symposium

No abstract provided.

Status Report On The International Criminal Court, David Stoelting

Hofstra Law & Policy Symposium

No abstract provided.

An Absence Of Accountability For The My Lai Massacre, Jeannine Davanzo

Hofstra Law & Policy Symposium

No abstract provided.

United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa

UIC Law Review

No abstract provided.

Keeping The Peace-British, Israeli, And Japanese Legislative Responses To Terrorism, Matthew H. James

Penn State International Law Review (1982 - 2011)

No abstract provided.

Conscientious Objection In The Americas, Raymond J. Toney

Human Rights Brief

No abstract provided.