Winter 2003 - Laws of War

Featured

Rule Of Law

Armed Conflict and Law in This Century

by Michael N. Schmitt

The attacks of September 11, together with more recent terrorist attacks in Bali, Moscow, and elsewhere, mark a sea change in the nature of conflict that has thrown the international legal community into a state of disquiet.

Civil Rights & Constitution

The Debate Over War Powers

by Mark R. Shulman and Lawrence J. Lee

Because the president still does not acknowledge the constitutional limitations, and Congress has dodged the issue, at least about Iraq, it is important to recognize it and insist that the president must seek congressional approval for future preemptive invasions.

Rule Of Law

Jus ad Bellum: Law Regulating Resort to Force

by Nicole Deller and John Burroughs

The Bush administration's preemptive military action doctrine is incompatible with international legal constraints on resort to force, traditionally known as jus ad bellum. This article examines the current status of jus ad bellum.

Rule Of Law

U.S. Opposition to the International Criminal Court

by Jennifer Trahan and Andrew Egan

The International Criminal Court (ICC) which will have jurisdiction over genocide, crimes against humanity, and war crimes, promises to be the most important international human rights institution since the United Nations. Seven states, including the United States, voted against the ICC Statute when it was overwhelmingly adopted in 1998 and have yet to become full members.

Europe

Omarska Camp, Bosnia: Broken Promises of “Never Again”

by Kelly D. Askin

The Omarska Camp trial before the Yugoslav Tribunal in The Hague established important precedent concerning the laws of armed conflict, the prosecution of gender-related crimes, the scope of persecution, and the development of the joint criminal enterprise theory of liability to hold individuals accountable for war crimes and crimes against humanity.

Rule Of Law

Detention at Guantanamo Bay: A Linguistic Challenge to Law

by Michael J.D. Sweeney

At Camp Delta, the U.S. detention center at Guantanamo Bay, Cuba, more than 550 enemy combatants captured during the war in Afghanistan are being held by the U.S. government. Amnesty International and the Lawyers Committee for Human Rights, among others, have described conditions here as being even harsher than conditions in high-security prisons in the United States.

Rule Of Law

“Unlawful Combatants” in the United States: Drawing the Fine Line Between Law and War

by Daniel Kanstroom

May the U.S. government lawfully incarcerate a U.S. citizen on U.S. soil for an indeterminate period in solitary confinement without providing the following rights: legal process, disclosure of evidence, access to counsel, family visitation, and judicial review?

Civil Rights & Constitution

Human Rights Heroes: Jimmy and Rosalynn Carter

by The Editors

More than twenty years after Jimmy Carter's presidency, the Carters’ goals remain firmly fixed in peace and protection for all peoples.

Renew Your ABA Membership

Winter 2003 - Laws of War

Introduction: Wars and Terrorism Threaten Civil Liberties and Human Rights

Featured

Armed Conflict and Law in This Century

The Debate Over War Powers

Jus ad Bellum: Law Regulating Resort to Force

U.S. Opposition to the International Criminal Court

Omarska Camp, Bosnia: Broken Promises of “Never Again”

Detention at Guantanamo Bay: A Linguistic Challenge to Law

“Unlawful Combatants” in the United States: Drawing the Fine Line Between Law and War

Human Rights Heroes: Jimmy and Rosalynn Carter

ABA Resources

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Renew Your ABA Membership

American Bar Association TM American Bar Association

Winter 2003 - Laws of War

Introduction: Wars and Terrorism Threaten Civil Liberties and Human Rights

Featured

Armed Conflict and Law in This Century

The Debate Over War Powers

Jus ad Bellum: Law Regulating Resort to Force

U.S. Opposition to the International Criminal Court

Omarska Camp, Bosnia: Broken Promises of “Never Again”

Detention at Guantanamo Bay: A Linguistic Challenge to Law

“Unlawful Combatants” in the United States: Drawing the Fine Line Between Law and War

Human Rights Heroes: Jimmy and Rosalynn Carter

ABA Resources

The ABA

Connect