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07 Apr

...describes the totality of the distinct and transgenerational harms committed against them.”  This isn’t a new concept or term. Women’s rights defenders from Afghanistan first popularized the term during the Taliban’s takeover of Afghanistan between 1996-2001, when it imposed similar discriminatory measures against women, banning women from going to school, universities, work, leaving the house without a male chaperone, public participation, and accessing healthcare and justice.  The late Sima Wali was among the first Afghan women to call for recognition of gender apartheid in the 1990s, explaining, in 2002, that...
07.04.25 | and |

24 Oct

[Meng Wang is a PhD Candidate in the International Law Department at Maastricht University, researching the protection of water in armed conflict across different branches of Public International Law. Andrés Cáceres Solari is a Postdoctoral Research Fellow at the Department of International Law, Faculty of Law of Maastricht University, researching the compatibility of international humanitarian law with modern warfare] On 6 June 2023, the destruction of the Kakhovka Dam unleashed one of the deadliest environmental and humanitarian crises of the Russia–Ukraine war. The Kakhovka Dam, located on the Dnieper River...
24.10.25 | and |

19 Feb

...the crime of the normal degree (with maximum imprisonment of 4 years) and gross crime (which allows for life imprisonment). The word “gross” in this context is thus a generic term of Swedish criminal law and should not be understood or made equivalent to the terms “grave” or “serious” in IHL.  To summarize the main difference, the previous war crimes provision was dynamic and open-ended in the sense that it explicitly defined its scope by reference to treaties and customary international law relating to IHL. This feature was well illustrated...
19.02.25 | and |

29 Mar

[Brianna Dyer is an Advanced LL.M. Candidate in Public International Law at Leiden University. She has a B.A. in Human Rights and Global Studies with a concentration on Peace, War, and Conflict in Europe from the University of Connecticut. She is currently Assistant Editor at Leiden Journal of International Law and Legal Researcher for the IHL Clinic within the Kalshoven-Gieskes Forum.] Hutus killed almost 800,000 Tutsi in 100 days. The Srebrenica massacres happened in a month. Millions of Jews were slaughtered over the span of a few years. History and...
29.03.22 | |

02 Aug

...thinking about border patrol, but here, the park services are thinking about fire patrols – an immensely expensive task from aircraft now, because of the vast areas to be surveyed in real time – but worth it because the faster the fire is spotted, the better the chance of containing it before it spreads. LIkewise, search and rescue for lost and injured back country hikers. That one is somewhat ahead of existing technology, for what the park services would ideally like, because flying in the steep valleys and canyons is...
02.08.10 | |

11 May

...Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Yet , legislator doesn't express fully his view , what is : unreasonable search ?? is the inspection of a backyard from a chopper , by a police officer , with no warrant , is reasonable or not ?? that is up to him , or up to the court . Yet , the word :reasonable , obliges , as if it is the law itself . The same concerning blockades...
11.05.15 | |

29 Jun

...and have rendered constitutional reform -- or at least a deeper political crisis -- far more likely. A shot in the foot, really. humblelawstudent Matthias, Here is what I've learned about the Honduran Constitution. First, their Constitution specifically states that a President can never seek another term. Two, their Constitution states that the above Constitutional prohibition can only be changed by a referendum that is approved by their Congress (other parts can be changed through popular referendum but not the second term provision). Three, their Constitution has a specific provision...
29.06.09 | |

03 Aug

...read Quirin as you do. It was not articulating a battlefield status, the term "unlawful combatants" referred to combatants whose conduct made them subject to punishment for a law of war violation. However, I wouldn't go so far as to say that the Bush era use of that term was a precursor to "membership" targeting. I am not even sure that membership in a terrorist group is sufficient for targeting in current U.S. practice, as you assert. As Kevin's comments suggest, more is typically alleged to be present then simple...
03.08.12 | |

17 Jan

...you haven't conceded it, either). 2. Who qualifies as an "unlawful enemy combatant" that may be detained under the laws of war and thus under the AUMF? As you know, the Administration's view of this category is exceedingly capacious and indistinct. Even in your own formulation, it covers anyone who has in some indeterminate sense "supported" Al Qaeda or the Taliban or any "associated forces" of AQ and the Taliban. How broad is this category, exactly? Shouldn't it be defined in terms of persons who are actually a threat to...
17.01.07 | |

19 Jul

...rounded up and exterminated. Cambodia- Established gun control in 1956. From 1975 to 1977, 1 million educated people, unable to defend themselves, were rounded up and exterminated. Guatemala- Established gun control in 1964. From 1964 to 1981, 100,000 Mayan Indians, unable to defend themselves, were rounded up and exterminated. Uganda- Established gun control in 1970. From 1971 to 1979, 300,000 Christians, unable to defend themselves, were rounded up and exterminated. Defenseless people rounded up and exterminated in the 20th Century because of gun control: 56 million. Henry Bowman "The craziest...
19.07.08 | |

25 Nov

tools to match our discipline and research task. Or at least we should learn to do so. Consequently, I don't believe Grafton or the CUP editor when they blithely assert that most academic research "begins" with Google. I trust many researchers may imagine that they haven't in fact "begun" research until they've taken a stab at a search engine, but they are mistaken. I view academic research as a cumulative, collective undertaking, but I think what's being treated here as research is one rudimentary variety of it, namely, an incremental...
25.11.07 | |

04 Jun

...a domestic law setting, and confers no legal rights on them. I don't have any expert view on the Civil War, but I agree pretty much with John's comment above. Insurgent is not a legal term; belligerent is a legal term with many meanings, some historical and some not. They are useful terms, but not as some fixed legal distinction. Marko Milanovic EricD, I am most emphatically not asking you to prove a negative, but rather to prove an affirmative assertion. The argument goes like this: (1) Classical, pre WW-II...
04.06.10 | |