In this article, Anthony Pfaff discusses what ethical norms should govern proxy war and the relationships that sustain them; the way the existence of a benefactor-proxy relationship complicates the application of traditional jus ad bellum criteria; and the additional moral problems caused by the way proxy wars shift risk away from benefactors. He concludes by… Continue reading Proxy War Ethics
Tag: Rome Statute
Totality of the Circumstances: The DOD Law of War Manual & the Evolving Notion of Direct Participation in Hostilities
Major Ryan Krebsbach argues that the US Department of Defense Law of War Manual appropriately balances the need to protect civilians against the necessity of ensuring that individuals do not use the law of armed conflict to escape being lawfully targeted despite their material support for non-State armed forces. In contrast to the narrower definition… Continue reading Totality of the Circumstances: The DOD Law of War Manual & the Evolving Notion of Direct Participation in Hostilities
The Implications of Trying National Security Cases in Article III Courts
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… Continue reading The Implications of Trying National Security Cases in Article III Courts