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Academic Journals
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From:Melbourne Journal of International Law (Vol. 13, Issue 1) Peer-ReviewedAt the United Nations World Summit in 2005, global political leaders endorsed a new doctrine to govern international political behaviour entitled the 'responsibility to protect'. Pursuant to this doctrine, the nations...
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From:Case Western Reserve Journal of International Law (Vol. 43, Issue 1-2) Peer-ReviewedI. INTRODUCTION It is a singular honor to speak at this symposium on lawfare. I thank most deeply the organizers of the symposium for their forward-looking stance in choosing this evocative topic for a theme. In many...
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From:Global Jurist (Vol. 8, Issue 2) Peer-ReviewedAbstract In October 1999 "the second Chechen war" broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen...
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From:Parameters (Vol. 39, Issue 1) Peer-ReviewedThe 2006 Israel-Lebanon war generated the first large-scale and systemic references to a heretofore mostly ignored law of war concept, the doctrine of proportionality. Occasional references to proportionality are found...
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From:Ethics & International Affairs (Vol. 16, Issue 2) Peer-ReviewedAll wars--and the current war on terrorism is no exception--provide serious tests for the rule of law. The demands of armed conflict, with its instantaneous decisions of life and death, do not lend themselves easily to...
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From:Stability: International Journal of Security and Development (Vol. 3, Issue 1) Peer-ReviewedAuthor(s): Janet McKnight [1] Introduction Military or diplomatic defeat of an armed group is certainly a necessary step in the process of demobilisation, disarmament, and reintegration (DDR). As such, the...
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From:Vanderbilt Journal of Transnational Law (Vol. 47, Issue 1)III. INFORMATION AS A TARGET: THE PROBLEM OF EXPLOITATION AND CHALLENGES TO CONSEQUENCE-BASED LEGAL THRESHOLDS A. Exploitation: A Harmful--But Problematic--Act While legal concerns related to the observance of key...
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From:Indiana Journal of Global Legal Studies (Vol. 27, Issue 2) Peer-ReviewedINTRODUCTION When the United Nations (UN) was formed, one of its most important goals was to render war obsolete. The UN Charter states as a goal the hope to "save succeeding generations from the scourge of war." (1)...
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From:Kutafin University Law Review (Vol. 2, Issue 2) Peer-ReviewedThe article is devoted to the issues of implementation of international humanitarian law provisions into Russian criminal law. The article provides an outline of key problems presented in the provisions of the General...
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From:Harvard Journal of Law & Public Policy (Vol. 33, Issue 1) Peer-ReviewedMy nearly ridiculous goal for this Essay is to present a comprehensive theory of the Constitution's allocation of war powers and, then, to apply it to every significant issue of the war on terror, in twenty-five pages....
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From:Denver Journal of International Law and Policy (Vol. 38, Issue 2) Peer-ReviewedI. INTRODUCTION "I never had dinner with a legal person--Neither did I, although I often saw it paying the bill." (1) This aphorism, part of the classics heard by every law student in France, remarkably encapsulates...
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From:Parameters (Vol. 40, Issue 1) Peer-ReviewedSince the Second World War, western armed forces have been most successful against opponents whose weapons, methods of organization, and ways of thinking closely resembled their own. Conflicts such as Israel's Six-Day...
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From:Environmental Law (Vol. 45, Issue 1)Environmental destruction is an inevitable byproduct of warfare. However, the new paradigm of U.S. military contingency operations requires a strategic vision beyond merely engaging the enemy. American military...
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From:Air Force Law Review (Vol. 57) Peer-ReviewedThere are but two powers in the world, the sword and the mind. In the long run the sword is always beaten by the mind. --Napoleon Bonaparte I. INTRODUCTION In the new world order, power and control lie not in...
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From:Army LawyerThe law of war is a hot topic in public discourse and academic circles. Topics such as interrogation, treatment of unlawful combatants and targeting of insurgents in Iraq and elsewhere seemingly dominate the headlines....
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From:Army LawyerHence to fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking the enemy's resistance without fighting. Sun Tzu, The Art of War It is clear that the ongoing War...
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From:Georgetown Journal of International Law (Vol. 47, Issue 1) Peer-ReviewedPerhaps all war is based on deception, but throughout history, the law of war has limited the use of certain deceptive tactics. Developed long ago with a focus on honor among belligerents, the laic of war's prohibition...
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From:Vanderbilt Journal of Transnational Law (Vol. 49, Issue 2)ABSTRACT Transnational armed conflicts between states and non-state armed groups have emerged as a defining characteristic of twenty-first century warfare. Humanitarian actors tend to classify such conflicts (e.g.,...
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From:Army LawyerOn 2 January 2005, the Washington Post ran an article entitled "For U.S. Solders, A Frustrating and Fulfilling Mission." (1) That article included a photograph with the following caption: "U.S. Army snipers took over...
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From:Harvard Journal of Law & Public Policy (Vol. 27, Issue 3) Peer-ReviewedOn the eve of Operation Iraqi Freedom, I was asked by Dr. Laurie Mylroie to write a 5,000-word legal defense of the campaign to remove Saddam Hussein from power by force to appear in a new book she was writing. (1) It...