Kellman discusses the breakthroughs in the development of explosive weapons since the 13th century. He then analyzes the evolution of theories on the international law of war as expounded by Grotius, Gentili, and Vatel. He argues that these scholars should have instead developed an international law of peace; he hypothesizes what the foundation of law… Continue reading Of Guns & Grotius
Category: Laws of War
Addressing the Guantanamo “Legacy Problem”: Bringing Law-of-War Prolonged Military Detention & Criminal Prosecution into Closer Alignment
Abrams seeks to move the discussion on Guantanamo detainees forward by bringing law-of-war detention and criminal prosecution into closer alignment. The article analyzes the Obama Administration’s current approach of dealing with terrorists captured abroad and its preference for conducting criminal prosecutions whenever feasible. Abrams proposes several changes to the current system, including a decision-making framework… Continue reading Addressing the Guantanamo “Legacy Problem”: Bringing Law-of-War Prolonged Military Detention & Criminal Prosecution into Closer Alignment
Harmonizing Policy & Principle: A Hybrid Model for Counterterrorism
This article explores the tension between the policy objectives of United States counterterrorism efforts (deterrence, incapacitation, and intelligence gathering) and the traditional legal frameworks used to justify them (the law of war and the criminal justice model). All three branches of government, the author urges, have worked at cross-purposes in developing a counterterrorism policy that… Continue reading Harmonizing Policy & Principle: A Hybrid Model for Counterterrorism