In this article, Kevin Rousseau explores the ways in which the modern focus on international humanitarian law has affected strategic decisions of both weak and major powers. Rousseau provides examples of “lawfare” in action and concludes by observing that waning principles of sovereignty require the state to adapt to the changing international legal operating environment by more effectively wielding humanitarian law.
The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism and national security cases. Kaplan reviews several judicial challenges unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that Article III courts not only are capable of trying such cases, but they are the forum most consistent with our American values of fairness and transparency.
In “Cyber Weapons and Export Control,” Trey Herr and Paul Rosenzweig take up the complex task of characterizing software products in the context of the current export regulatory regime. Herr and Rosenzweig use their PrEP model to distinguish the components of the software functionally. They isolate the payload component as requiring special consideration, and propose a policy approach to regulating software exports based on their effects.