The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future,
2016
University of Louisville Brandeis School of Law
The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker
West Virginia Law Review
No abstract provided.
Espionage As A Sovereign Right Under International Law And Its Limits,
2016
Maurer School of Law - Indiana University
Espionage As A Sovereign Right Under International Law And Its Limits, Asaf Lubin
Articles by Maurer Faculty
The literature surrounding the international legality of peacetime espionage has so far centered around one single question: whether there exist within treaty or customary international law prohibitive rules against the collection of foreign intelligence in times of peace. Lacking such rules, argue the permissivists, espionage functions within a lotus vacuum, one in which States may spy on each other and on each other's nationals with no restrictions, justifying their behavior through the argumentum ad hominem of "tu quoque." . . .
Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial,
2016
Roger Williams University School of Law
Dc Circuit In Al-Nashiri: All Clear For Military Commission Trial, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The War On Terror, How The Strategies Used By The United States Against Islamic Extremism Have Been Ineffective,
2016
Embry-Riddle Aeronautical University
The War On Terror, How The Strategies Used By The United States Against Islamic Extremism Have Been Ineffective, Hein Paing
Student Works
The purpose of this thesis is to investigate the ineffective strategies used by the United States and coalition forces in the fight against Islamic extremist terrorism. The continuation of terrorist groups acting in the name of Islam begs the question as to just how well have these strategies worked, and what further measures must be taken in order to quell the existence of these organizations? This will be done through the examination of tactics such as the deployment of troops, bombardments from airstrikes, and the restrictive rules of engagements. When explored thoroughly, it will be easier to ascertain exactly why …
Classifying The Conflict In Syria,
2016
U.S. Naval War College
Classifying The Conflict In Syria, Terry D. Gill
International Law Studies
This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply these …
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law,
2016
Pace University School of Law
Anonymous Armies: Modern “Cyber-Combatants” And Their Prospective Rights Under International Humanitarian Law, Jake B. Sher
Pace International Law Review
Cyber-attacks take many forms, only some of which are applicable to the law of war. This Comment discusses only those attacks sponsored by a government or non-state entity that have the goal of affecting morale or gaining political advantage, or those attacks amounting to tactical strikes on state or civilian infrastructure. In that vein, this Comment proposes the adoption of a new legal framework for determining the threshold that marks a participant in such a cyber-attack as a “cyber-combatant” by adapting the framework set by the Geneva Conventions and existing custom. This definition should encompass cyber-attacks perpetrated by states, unrecognized …
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit,
2016
University of Miami Law School
Isis’S Get Rich Quick Scheme: Sell The World’S Cultural Heritage On The Black Market—Purchasers Of Isis-Looted Syrian Artifacts Are Not Criminally Liable Under The Nspa And The Mcclain Doctrine In The Eleventh Circuit, Lindsey Lazopoulos Friedman
University of Miami Law Review
This article explores how an individual importing a looted artifact may face prosecution and liability in the Eleventh Judicial Circuit. The article begins with a background section that provides additional information about the history of ISIS and ISIS’s current plundering scheme. The background section also provides the legal framework and historical treatment of looted art and stolen artifacts. In particular, this section explains the Eleventh Circuit doctrine on this issue, the McClain doctrine. The McClain doctrine applies the National Stolen Property Act (“NSPA”) to foreign found-in-the-ground claims. Supporters of the doctrine argue that it helps “prevent looting internationally without placing …
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection,
2016
University of Georgia School of Law
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: Regulatory Framework,
2016
University of Georgia School of Law
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Children, Armed Violence And Transition: Challenges For International Law & Policy,
2016
Transnational Law Institute, Washington & Lee University School of Law
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Georgia Journal of International & Comparative Law
No abstract provided.
A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action,
2016
Yale University
A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Aspects Of World Bank Participation In Mineral Exploitation Projects,
2016
International Bank for Reconstruction and Development
Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon
Georgia Journal of International & Comparative Law
No abstract provided.
Lessons From Gaza: The Rhetoric And Reality Of Independence In War Crimes Investigations,
2016
Roger Williams University School of Law
Lessons From Gaza: The Rhetoric And Reality Of Independence In War Crimes Investigations, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974.,
2016
Office of the Solicitor, US Department of Labor
Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers,
2016
University of Georgia School of Law
Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell
Georgia Journal of International & Comparative Law
No abstract provided.
International Straits: The Right Of Access,
2016
US Army Judge Advocate General's Corps
International Straits: The Right Of Access, R. P. Cundick
Georgia Journal of International & Comparative Law
No abstract provided.
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?,
2016
US Army Trial Judiciary
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton
Georgia Journal of International & Comparative Law
No abstract provided.
How Personality Affects Vulnerability Among Israelis And Palestinians Following The 2009 Gaza Conflict,
2016
University of Haifa
How Personality Affects Vulnerability Among Israelis And Palestinians Following The 2009 Gaza Conflict, Daphna Canetti, Shaul Kimhi, Rasmiyah Hanoun, Gabriel A. Rocha, Sandro Galea, Charles A. Morgan Iii
National Security Faculty Publications
Can the onset of PTSD symptoms and depression be predicted by personality factors and thought control strategies? A logical explanation for the different mental health outcomes of individuals exposed to trauma would seem to be personality factors and thought control strategies. Trauma exposure is necessary but not sufficient for the development of PTSD. To this end, we assess the role of personality traits and coping styles in PTSD vulnerability among Israeli and Palestinian students amid conflict.We also determine whether gender and exposure level to trauma impact the likelihood of the onset of PTSD symptoms. Five questionnaires assess previous trauma, PTSD …
Closing Impunity Gaps For The Crime Of Aggression,
2016
Benjamin N. Cardozo School of Law
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Articles
As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger,
2016
Indiana University Maurer School of Law
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd
Indiana Law Journal
This Note explores the disjunctive moral gap between a civilian ethic of mutual responsibility and the laws of war that eschew that ethic. To illustrate that gap, this Note conducts a case study of Virginia Woolf’s rendering of shell shock in her 1925 novel Mrs. Dalloway. The war put mass, mechanized killing at center stage, and international law permitted killing in war. But Woolf’s character study of Septimus Smith reveals that whether war-associated killing is “criminal” requires more than legal analysis. An extralegal approach is especially meaningful because it demonstrates the difficulty of processing and rationalizing global conflict that plays …
