National Security Law Commons^™

Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law

Michigan Journal of International Law

Symposium transcript.

The Demonization Of Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

This article discusses the case of Jonathan Pollard, and the issues surrounding his conviction of spying for Israel while acting as a U.S. naval intelligence analyst. Cited are the writer's view of the inequities of his conviction, and possible political motivations for his sentence.

Pollard Treated Unfairly, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Justice And Jonathan Pollard, Angelo Codevilla, Irwin Cotler, Alan Dershowitz, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter

UIC Law Review

No abstract provided.

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 Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt

Michigan Journal of International Law

This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.

Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Why Clinton Should Pardon Pollard – Now, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Contributors

International Law Studies

No abstract provided.

Pollard Case Is One For The Legal Books, Kenneth Lasson

All Faculty Scholarship

Jonathan Pollard, the former Navy intelligence analyst who was convicted of passing classified information to Israel, has been behind bars for more than 12 years now. His life sentence - by far the harshest ever meted out for a similar offense - continues to make "equal justice under law" seem like little more than a palsied proverb.

Pollard's actions were clearly misguided and rightly punishable, but should he languish for life in prison while others obviously more perfidious have been set free? Americans who expect fairness in their judicial system should be sorely disillusioned at how grossly disproportionate Pollard's treatment …

Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara

UIC Law Review

No abstract provided.

An Overview Of The Issues Surrounding The Encryption Exportation Debate, Their Ramifications, And Potential Resolution, E. Franklin Haignere

Maryland Journal of International Law

No abstract provided.

The Taming Of The Shrew: May The Act Of State Doctrine And The Foreign Sovereign Immunity Act Eat And Drink As Friends?, Marianne D. Short, Chalres H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Pollard And Priorities, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Long Overdue, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

The Jerusalem Embassy Act Of 1995, Geoffrey R. Watson

Scholarly Articles

Congress has voted to move the U.S. Embassy in Israel from Tel Aviv to Jerusalem. On October 24, 1995 - the day of the Conference on Jerusalem here at the Columbus School of Law of The Catholic University of America - Congress passed the Jerusalem Embassy Act of 1995. The President took no action on the Act, allowing it to enter into force on November 8, 1995. The Act states that a United States Embassy to Israel should be established in Jerusalem by May 31, 1999, and it provides for a fifty percent cut in the State Department's building budget …

Commentary On William V. O'Brien's "Just War Doctrine's Complementary Role In The International Law Of War", William G. Eckhardt

Faculty Works

No abstract provided.

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.

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.

Jonathan Pollard: A More Genuine Notion Of Justice, Kenneth Lasson

All Faculty Scholarship

Perhaps the president, visibly moved by the film, would sympathize with the moral impulse that drove [Jonathan Pollard] to give vital defense information to Israel. Perhaps he'd likewise equate Nazi Germany with demonic Iraq. Perhaps Mr. [Clinton], currently compiling his own list of presidential pardons, would see to it that the horrendous life sentence handed Pollard in 1985 be commuted to time served.

Particularly galling, though, are the potshots from two former Justice Department prosecutors - the politically ambitious Joseph DiGenova and his former assistant David Geneson - who effectively bargained Pollard out of a trial by promising not to …

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.

Libya And The Aerial Incident At Lockerbie: What Lessons For International Extradition Law?, Christopher C. Joyner, Wayne P. Rothbaum

Michigan Journal of International Law

Does concerted action taken by the U.N. Security Council against Libya bolster the international extradition process? Or do these resolutions represent little more than a new coat of legal paint on the same old political problems? This article seeks to answer these questions through an analysis of the nature of terrorism, the customary bases for jurisdiction and extradition, and the validity of Libya's refusal to surrender the Lockerbie suspects.

The Command And Control Of United Nations Forces In The Era Of "Peace Enforcement", James W. Houck

Faculty Scholarship

This Article explores how concerns regarding the United Nations' authority to make political, strategic, and operational decisions that comprise the right to command and control UN forces might be reconciled within the framework of the United Nations Charter to create a contemporary and more enduring regime for the command and control of United Nations forces. As Part II demonstrates, command and control issues are not new to the United Nations; indeed, in 1945 the signatories to the United Nations Charter created a model for the command and control of United Nations forces.

While the cold war ensured that this model …

Parsing Good Faith: Has The United States Violated Article Vi Of The Nuclear Non-Proliferation Treaty?, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The Nuclear Non-Proliferation Treaty (NPT) has long been the cornerstone of the international effort to retard the spread of nuclear weaponry to additional countries, now appreciated as the greatest post-cold war threat to international peace and security. Under this treaty, the parties also undertook to pursue in good faith additional negotiations leading to further reductions in nuclear weapons-and, in fact, such subsequent bargaining has recently yielded dramatic, far-reaching successes. Professor Koplow, however, argues that in one crucial respect, the United States has been derelict in implementing the obligations of the NPT: Recent American presidents have rigidly refused to participate in …

Bonehead Non-Proliferation, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The Review and Extension Conference of the Non-Proliferation Treaty (NPT) will convene in 1995. The primary issue to be considered at the Extension Conference is whether the NPT, universally regarded as the most important bulwark against the spread of nuclear weaponry, should remain in force. In this article, David A. Koplow argues that the United States must negotiate a Comprehensive Test Ban Treaty (CTBT) in order to maintain the non-proliferation regime and promote its own long-run security interests

Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.

Michigan Journal of International Law

This article's two-pronged analysis has three distinct parts. Part I lays out the controversy of Article 51 interpretation as applied to the recent Gulf Crisis. Part II examines the legal guidance for interpreting the U.N. Charter, the Charter's travaux preparatoires, and specifically the work of the committees and subcommittees responsible for drafting and amending articles that fully incorporate the right of self-defense into the Charter. This Part develops conclusions on Article 51 that may be applied to the context of the recent Gulf Crisis. This Part also contrasts the Article 51 right of collective self-defense with the right of …

When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The tempest over the proposed "reinterpretation" of the Anti- Ballistic Missile Treaty has only barely been stilled, and the full impact of the dissolution and reorganization of the Soviet Union is far from clear. But already we can detect early warnings about the next probable source of intense constitutional conflict between the American executive branch and the Congress in their ongoing struggle for primacy in the conduct of United States foreign relations. This imminent battle-again arising in the context of disarmament treaties, perhaps the most controversial and crucial aspect of America's international public policy-has not yet been fully joined. But …

The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …