War Crimes And International Criminal Law,
2015
The University of Akron
War Crimes And International Criminal Law, Stuart H. Deming
Akron Law Review
My remarks will focus on three particular areas relating to war crimes and international criminal law. These will include the prospect of an international criminal court, my experience with war crimes issues in Ethiopia, and how traditional practitioners can become involved with these issues.
Nuclear Smuggling As An International Crime,
2015
The University of Akron
Nuclear Smuggling As An International Crime, Burrus M. Carnahan
Akron Law Review
In the chaotic post-Cold War world, international cooperation is increasingly needed to detect and punish those who aid the spread of nuclear and other weapons of mass destruction. The proliferation of these weapons is a threat to the security of all states, except for a few rogues such as Iraq and North Korea; all other states have a common interest in punishing anyone who would assist the rogue states to acquire highly destructive weaponry. It would be reasonable to assume, therefore, that the proliferation of weapons of mass destruction is widely regarded as an international crime, like piracy, war crimes …
War Crimes And The Protection Of Peacekeeping Forces,
2015
The University of Akron
War Crimes And The Protection Of Peacekeeping Forces, Steven J. Lepper
Akron Law Review
Tonight, I want to briefly discuss three aspects of the tribunal: structure, jurisdiction and U.S. participation in its creation. Many of you are probably aware that the tribunal consists of three chambers. The judicial chamber is comprised of five appellate judges and two trial panels of three judges each. The United States has a judge - Judge Gabrielle Kirk McDonald - who, before she went to the Hague was a federal district court judge and a professor at the Thurgood Marshall School of Law in Houston. I had an opportunity to meet her and brief her on some tribunal issues …
A Dire Need For Legislative Reform,
2015
Pace University School of Law
A Dire Need For Legislative Reform, Patrick Dowdle
Pace International Law Review
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity,
2015
Pace University
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
Pace International Law Review
Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …
Aumf Panel Transcript,
2015
Pepperdine University
Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes
Pepperdine Law Review
No abstract provided.
The Future As A Concept In National Security Law,
2015
Pepperdine University
The Future As A Concept In National Security Law, Mary L. Dudziak
Pepperdine Law Review
With their focus on the future of national security law, the essays in this issue share a common premise: that the future matters to legal policy, and that law must take the future into account. But what is this future? And what conception of the future do national security lawyers have in mind? The future is, in an absolute sense, unknowable. Absent a time machine, we cannot directly experience it. Yet human action is premised on ideas about the future, political scientist Harold Lasswell wrote in his classic work The Garrison State. The ideas about the future that guide social …
International Humanitarian Law Divergence,
2015
Pepperdine University
International Humanitarian Law Divergence, Lesley Wexler
Pepperdine Law Review
How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …
Standing And Covert Surveillance,
2015
Pepperdine University
Standing And Covert Surveillance, Christopher Slobogin
Pepperdine Law Review
This Article describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security Agency. Primarily because of its desire to avoid judicial incursions into the political process, the Supreme Court has construed its standing doctrine in a way that makes challenges to covert surveillance very difficult. Properly understood, however, such challenges do not call for judicial trenching on the power of the legislative and executive branches. Instead, they ask the courts to ensure that the political branches function properly. This political process theory of standing can rejuvenate the …
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation,
2015
Pepperdine University
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure,
2015
Pepperdine University
War, Law, And The Oft Overlooked Value Of Process As A Precautionary Measure, Geoffrey S. Corn
Pepperdine Law Review
Never in recent memory has the relationship between law and war been so central to strategic legitimacy. This has resulted in both positive evolutions of the law of armed conflict (LOAC) and a remarkable increase in interest, understanding, and analysis of this law. No state, or even non-state group, is immune from the increasingly informed critique of its planning and execution of military operations and the quite proper demand that its military personnel comply with LOAC obligations. Central to the regulation of hostilities are the core LOAC principles of distinction and discrimination. Distinction mandates restricting deliberate attack to only those …
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare,
2015
Pepperdine University
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Post-Deployment Treatment For Successful Reintegration,
2015
University of Miami Law School
Post-Deployment Treatment For Successful Reintegration, Michelle Zielenski
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Masthead,
2015
University of Miami Law School
Masthead
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Front Matter And Table Of Contents,
2015
University of Miami Law School
Front Matter And Table Of Contents
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
A High Price To Pay: Combat Injury In Iraq And Afghanistan,
2015
University of Miami Law School
A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries,
2015
University of Miami Law School
Challenges In Assessing And Assisting Military Personnel With Mild Traumatic Brain Injuries, Robert A. Seegmiller
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes,
2015
University of Miami Law School
Best Emerging Holistic Advocacy Practices To Break The Cyclical Trauma, Depression, Alienation And Criminalization Afflicting Our Returning War Heroes, Paul Freese, Natalie Klasky
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits,
2015
University of Miami Law School
Justice Delayed; Justice Denied? Causes And Proposed Solutions Concerning Delays In The Award Of Veterans' Benefits, Michael P. Allen
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty,
2015
University of Miami Law School
Fair And Impartial? Military Jurisdiction And The Decision To Seek The Death Penalty, Clark Smith
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
