By Michael Schmitt – Click here to read the full text of the Article This article discusses how states attempt to fulfill their obligations under international humanitarian law (IHL) and international human rights law to respond to alleged violations of international law by their militaries during armed conflict. Part I lays out requirements under IHL […]
By Daphne Barak-Erez and David Scharia – Click here to view the full text of the Article In the recent case of Holder v. Humanitarian Law Project, the Supreme Court of the United States ruled that a criminal prohibition on advocacy carried out in coordination with, or at the direction of, a foreign terrorist organization is constitutionally […]
The Extraordinary Rendition Of A Terror Suspect In Italy, the NATO SOFA, and Human Rights By Chris Jenks* and Eric Talbot Jensen** – Click here to download the published PDF version I. Introduction On February 12, 2003, at around 12:30 p.m., Mr. Osama Mustafa Nasr (Abu Omar) was walking from his house in Milan to […]
Imagine that the U.S. intelligence services obtain reliable information that a known individual is plotting a terrorist attack against the United States. The individual is outside the United States, in a country where law and order are weak and unreliable.
By Scott J. Glick* – Click here for the published PDF version In 2006, Congress enacted two potentially significant restrictions on the government’s ability to collect foreign intelligence information pursuant to FISA. Against the backdrop of a Foreign Intelligence Surveillance Court of Review (Court of Review) decision that arguably reached an erroneous conclusion about the […]
By Michael Schmitt – Click here to download the published PDF version I. Introduction In 2003, the International Committee of the Red Cross (ICRC), in cooperation with the T.M.C. Asser Institute, launched a major research effort to explore the concept of “direct participation by civilians in hostilities” (DPH Project). The goal was to provide greater […]