The Sweeping Domestic War Powers Of Congress,
2015
University of Virginia Law School
The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash
Michigan Law Review
With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …
Conflict Classification In Ukraine: The Return Of The “Proxy War”?,
2015
U.S. Naval War College
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
International Law Studies
The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …
State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box,
2015
Harvard Law School
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,
2015
Office of Legal Affairs, United Nations Secretariat
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
Georgia Journal of International & Comparative Law
No abstract provided.
And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?,
2015
Director, Public Policy and Advocacy at U.S. Fund for UNICEF
And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman
International Human Rights Law Journal
Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?,
2015
Senior Humanitarian Advisor, Oxfam America
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
International Human Rights Law Journal
Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability,
2015
Robert L. Bernstein International Human Rights Fellow at the Center for Justice and Accountability
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,
2015
William & Mary Law School
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,
2015
U.S. Naval War College
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,
2015
U.S. Naval War College
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,
2015
Columbia Law School
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.,
2015
University of Würzburg
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,
2015
Seattle University School of Law
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?,
2015
Bemidji State University
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.,
2015
University of Georgia
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,
2015
University of Tasmania
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,
2015
University of Georgia School of Law
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,
2015
University of Georgia School of Law
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,
2015
Pepperdine University
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),
2015
University of Georgia School of Law
Displaced Persons: "The New Refugees" (The Dean Rusk Award Recipient), David Hull
Georgia Journal of International & Comparative Law
No abstract provided.
