Use of Force, and International Humanitarian Law

Supreme Court Holds that Noncitizens Detained at Guantanamo Have a Constitutional Right to Habeas Corpus Review by Federal Civilian Courts

On June 12, 2008, the Supreme Court ruled against the U.S. government in cases brought by foreign nationals challenging their detention at the Guantanamo Bay, Cuba military facility.[1] A five-justice majority in Boumediene v. Bush held that the Military Commissions Act of 2006 (MCA)[2] violated the U.S.

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Volume: 
12
Issue: 
13
Author: 
Andrew Kent
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The 2008 Ruggie Report: A Framework for Business and Human Rights

The United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises,[1] John Ruggie, submitted his final Report to the Human Rights Council on June 3, 2008.[2] The Report and its attendant documents

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Volume: 
12
Issue: 
12
Author: 
Christiana Ochoa
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Prosecutor v. Brima, Kamara, and Kanu: First Judgment from the Appeals Chamber of the Special Court for Sierra Leone

I. Introduction

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Volume: 
12
Issue: 
10
Author: 
Charles C. Jalloh & Janewa Osei-Tutu
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Saadi v Italy: European Court of Human Rights Reasserts the Absolute Prohibition on Refoulement in Terrorism Extradition Cases

On February 28, 2008, the Grand Chamber of the European Court of Human Rights (ECtHR) handed down its judgment in Saadi v Italy.[1] In this case, Italy and the United Kingdom (as third party intervener) claimed that the climate of international terrorism called into question the appropriateness of the ECtHR's existing jurisprudence on states' non-refoulement obligation under Article 3 of the European Convention on Human Rights (European Conve

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Volume: 
12
Issue: 
9
Author: 
Fiona de Londras
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Organizations of Note: 

North Korean Links to Building of a Nuclear Reactor in Syria: Implications for International Law

The Bush administration has alleged that North Korea provided assistance to Syria's efforts to build a nuclear reactor, which Israeli warplanes attacked and destroyed on September 6, 2007.[1] The U.S.

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Volume: 
12
Issue: 
8
Author: 
Daniel Joyner
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Prosecutor v. Ramush Haradinaj et al.: The International Criminal Tribunal for the Former Yugoslavia and the Threshold of Non-International Armed Conflict in International Humanitarian Law

On April 3, 2008, Trial Chamber I (Trial Chamber) of the International Criminal Tribunal for the former Yugoslavia (ICTY) delivered the judgment in Prosecutor v.

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Volume: 
12
Issue: 
7
Author: 
Anthony Cullen & Marko Divac Öberg
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Kosovo's Declaration of Independence: Self-Determination, Secession and Recognition

Introduction

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Volume: 
12
Issue: 
2
Author: 
Christopher J. Borgen
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Spanish Supreme Court Affirms Conviction of Argentine Former Naval Officer for Crimes Against Humanity

In early November 2007, the Spanish Supreme Court's Criminal Chamber ("Supreme Court") released its judgment upholding, by a vote of 11-4, the conviction of former Argentine naval officer Adolfo Scilingo for his involvement in murders and illegal detentions in Argentina. Scilingo was convicted by a trial chamber of the Audiencia Nacional ("Audiencia"), Spain's special court for serious international crimes.

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Volume: 
12
Issue: 
1
Author: 
Richard J. Wilson
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Organizations of Note: 

Accountability of Private Security Contractors under International and Domestic Law

On September 16, 2007, security guards employed by Blackwater USA (Blackwater) fired on a crowd in Baghdad's Nisour square, killing 17 people. At the time of this incident, Blackwater was under contract with the U.S. Department of State to provide security for U.S. diplomats in Iraq. This incident triggered controversy in Iraq, the United States, and the international community concerning what law applied to Blackwater's actions and to the actions of other private security contractors (PSCs) hired by the United States to provide services in Afghanistan and Iraq.

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Volume: 
11
Issue: 
31
Author: 
Laura A. Dickinson
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Counterinsurgency, Rule of Law Operations, and International Law

In the second week of September 2007, leading U.S. military and diplomatic officials provided long-awaited reports to Congress and the President on U.S. political and military activities in Iraq. These hearings focused attention on how much progress U.S. counterinsurgency (COIN) efforts have made in Iraq. Although debate surrounding these events centered on the question of the withdrawal of U.S. troops, the testimony and hearings connect the ongoing attempts by the U.S. government to adjust to the challenges presented by waging COIN campaigns.

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Volume: 
11
Issue: 
24
Author: 
David P. Fidler
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