Tag Archives: Rome Statute

Proxy War Ethics

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 suggesting a set of norms that should guide proxy relationships.

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 used by the International Committee of the Red Cross of when a civilian loses immunity from lawful attack, the DoD Law of War Manual reduces the likelihood of unreasonably benefiting and encouraging unlawful belligerency.

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 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.

‘This Is Not Your Father’s War’ Confronting the Moral Challenges of ‘Unconventional’ War

On Tuesday, November 4, 2008, Paula Loyd, assigned to U.S. Army team AF-4 Blue, was conducting interviews among the local population in the small village of Chehel Gazi in southern Afghanistan. According to witnesses, she approached a man carrying a fuel jug, and they began discussing the price of gasoline. Suddenly the man, Abdul Salam, doused her with the fuel in his jug and set her on fire. She suffered second- and third-degree burns over sixty percent of her body. Tragically, Paula Loyd died of her injuries a few weeks later, in early January 2009.

Persecution as a Crime Under International Criminal Law

This article attempts to explore the origin and evolution of the concept of persecution as a crime against humanity in international law. In particular, I will focus on the latest jurisprudence on this matter and will try to highlight the major challenges ahead for tribunals – both domestic and international – when faced with charges of this kind.