Home › Topics › Law & Institutions › Law › Law of War

Law of War

Refine By:
Advanced Search
Response,
March 15, 2012
Senator Levin Sets the Record Straight on the NDAAPremium Article available to subscribers and site license holders.
Carl Levin

Activists on both the right and the left have alleged that the National Defense Authorization Act contains new authority for the military to detain American citizens. The new law does no such thing.
Essay, May/June 2011
Who's Afraid of the International Criminal Court?Premium Article available to subscribers and site license holders.
David Kaye

A decade on, the ICC is still trying to find its footing, thanks partly from the chief prosecutor’s poor management and excessive ambition. The election to replace him is a chance to reboot.
Snapshot,
March 20, 2011
The Folly of Protection
Michael W. Doyle

The UN authorization of a no-fly zone in Libya gives teeth to the much-heralded “responsibility to protect." But the intervention poses legal and ethical dilemmas that will plague policymakers in the weeks and months ahead.

This article appears in the Foreign Affairs/CFR eBook, The New Arab Revolt.

 
Review Essay, Mar/Apr 2011
Fighting the Laws of WarPremium Article available to subscribers and site license holders.
Charli Carpenter

Two recent books cast doubt on the value of the existing laws of war when it come sto safeguarding civilians in an age of unconventional conflict. But a closer look suggests that the current regulations constitute a firm foundation on which to better protect civilians.
Essay, Jan/Feb 2010
The Best Defense?Premium Article available to subscribers and site license holders.
Abraham D. Sofaer

Some threats to international security are so potentially damaging that preventing them in advance is preferable to remedying their effects. In such cases, states should judge preventive actions by a standard of legitimacy, not strict legality.
Author Interview,
May 22, 2009
Q&A With Kenneth Roth on Closing Guantánamo
Kenneth Roth

This week, Kenneth Roth answers questions submitted by readers about President Barack Obama's plans to close the detention facility at Guantánamo Bay.

Postscript,
March 12, 2009
Obama's Prisoners Dilemma Premium Article available to subscribers and site license holders.
Kenneth Roth

President Barack Obama plans to close the detention facility at Guantánamo Bay, Cuba. The United States should move the prisoners currently held there into the criminal justice system and hold trials as soon as possible.
Review Essay, Jul/Aug 2008
Terror and the LawPremium Article available to subscribers and site license holders.
Curtis A. Bradley

Benjamin Wittes’ Law and the Long War is required reading for anyone interested in the legal challenges posed by the war on terror.



This article appears in the Foreign Affairs eBook, "The U.S. vs. al Qaeda: A History of the War on Terror." Now available for purchase.
Comment, May/June 2008
After GuantánamoPremium Article available to subscribers and site license holders.
Kenneth Roth

The Obama administration has decided to try Khalid Sheikh Mohammed and other alleged 9/11 plotters in federal court in New York. In a 2008 essay, Kenneth Roth outlined why and how the U.S. government should use the criminal justice system to prosecute terrorists.
Essay, Nov/Dec 2006
How We FightPremium Article available to subscribers and site license holders.
Colin H. Kahl

Reports that U.S. troops may have killed 24 civilians in Haditha, Iraq, last November have renewed fears that the U.S. military routinely violates the laws of war. But is the Haditha incident the exception or the rule? In fact, U.S. compliance with noncombatant immunity in Iraq has been relatively high by historical standards, and it has been improving since the beginning of the war.
Syndicate content