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Investigating Violations of International Law in Armed Conflict

Investigating Violations of International Law in Armed Conflict

by Michael N. Schmitt | Jan 3, 2011 | Main Volumes

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...
Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law

Freedom of Speech, Support for Terrorism, and the Challenge of Global Constitutional Law

by Daphne Barak-Erez and David Scharia | Jan 2, 2011 | Main Volumes

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...
All Human Rights Are Equal, But Some Are More Equal Than Others

All Human Rights Are Equal, But Some Are More Equal Than Others

by Chris Jenks and Eric Talbot Jensen | Nov 12, 2010 | Main Volumes

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...

Law and Policy of Targeted Killing

by Gabriella Blum and Phillip B. Heymann | Jun 27, 2010 | Main Volumes

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.

FISA’s Significant Purpose Requirement and the Government’s Ability to Protect National Security

FISA’s Significant Purpose Requirement and the Government’s Ability to Protect National Security

by Scott J. Glick | May 30, 2010 | Main Volumes

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...
The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis

The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis

by Michael N. Schmitt | May 5, 2010 | Main Volumes

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...
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