Course Info
Students in this unusual course undertake legal research projects designed at the request of various international law enforcement organizations. Recent clients include the International Criminal Court, the UN-affiliated tribunals in Cambodia and Sierra Leone, Interpol, U.S. Military Commissions, and the U.S.Coast Guard, among others. Course sessions explore the development and practice of international criminal law as well as developing jurisprudence relevant to the current students' projects.
Instructor
Prof. James Johnson is an Adjunct Professor of Law at Case Western Reserve University. He teaches International Human Rights and International Law Research Lab.
Syllabus
The syllabus for your course is available on Canvas.
Textbook
** No Text Required **
Research Guide
- International Law Research LabStarting points; current awareness materials; selected books, articles, and databases to help you with research.
Human Rights Violations in Latin America: Reparation and RehabilitationCall Number: OhioLINK/Springer ebookISBN: 9783030975425Publication Date: 2022
- U.S. State Dept., Human Rights Report, Venezuela2021 ed.(previous years would also be available)
- UN OHCHR, Venezuelaincludes 2022 Universal Periodic Review
Non-Participation in Armed Conflict by Call Number: Cambridge ebookISBN: 9781316514627Publication Date: 2022-03-03Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.
The International Law Concept of Neutrality in the 21st Century by Call Number: Law Stacks KZ6422 .S67 2014 (print, 3rd floor)ISBN: 9783037516560Publication Date: 2014-08-17Even though 'neutrality' - the non-participation of states in international armed conflicts - is a well-known concept of traditional international public law, its value in the 21st century is disputed. Some regard the concept as obsolete, while others still view it as an important contribution to a peaceful world. This book analyzes the contemporary international law concept of neutrality. At the heart lies the question of the present-day value of neutrality for international law. For a deeper understanding of the legal concept, a historical overview of neutrality is followed by a presentation of the different types of neutrality, along with a look at the remaining neutral states of the 21st century. An examination of the sources of neutrality law, its scope of application, as well as the detailed rights and duties of neutral States will answer the question of what it entails nowadays to be neutral in the legal sense. A clear distinction between the law and politics of neutrality is also important. Special attention is given to the traditional problem of exporting war materials, along with the newer developments of private militaries and security companies, as well as cyber warfare. The focus of the book lies on Switzerland as the archetype of a contemporary neutral state. (Series: Dike Law Books) [Subject: Public International Law, Neutrality Law, Swiss Law]
The Oxford Handbook of International Law in Armed Conflict by Call Number: OhioLINK printISBN: 9780199559695Publication Date: 2014-05-13Which human rights violations or war crimes allegations result in exclusion from the refugee regime? What human rights protections apply to someone declared an unlawful combatant? Which human rights obligations apply to the actions of armed forces acting abroad? Over the past ten years thecontent and application of international law in armed conflict has changed dramatically. An authoritiative and comprehensive study of the role of international law in armed conflicts, this Oxford Handbook engages in a broad analysis of international humanitarian law, human rights law, refugee law,international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, this book has a global, multi-disciplinary perspective on the place of law in war.The Handbook consists of 35 Chapters in seven parts. Part A provides the historical background and sets out some of the contemporary challenges. Part B considers the relevant sources of international law. Part C describes the different legal regimes: land warfare, air war fare, maritime warfare, thelaw of occupation, the law applicable to peace operations, and the law of neutrality. Part D introduces crucial concepts in international humanitarian law: weapons and the concepts of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimesagainst humanity, grave breaches and war crimes, and internal armed conflict.Part E looks at fundamental rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, the human rights of the members of the armed forces, and the protection ofchildren. Part F covers important issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, refugee law, and the issues of gender in times of armed conflict. Part G deals with accountability issues including those related to privatesecurity companies and armed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice.
Rohingya Refugee Crisis in Myanmar: Ethnic Conflict and Resolution by Call Number: OhioLINK/Springer ebookISBN: 9789811664649Publication Date: 2022
Serious International Crimes, Human Rights, and Forced Migration by Call Number: Law Stacks KZ6530.S47 2019 (print, 3rd Floor)ISBN: 9780367556235Publication Date: 2022
Trends and challenges in international law : selected issues in human rights, cultural heritage, environment and seaISBN: 9783030943875Publication Date: 2022
Cultural heritage as a legal hybrid : between public and private law by ISBN: 9783031049460Publication Date: 2022
Military Necessity in International Cultural Heritage Law by Call Number: KZ6535.A61954D73ISBN: 9789004432550Publication Date: 2021-12-09Berenika Drazewska's book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.
Humanitarian Intervention and the Responsibility to Protect by Call Number: JZ6369 .P37ISBN: 9780199561049Publication Date: 2010-04-19This book considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis, such as found in Rwanda in early 1994, Kosovo in 1999, and Darfur more recently. The doctrine of the responsibility to protect asserts that when a state is failing to uphold its citizens' human rights, the international community has a responsibility to protect these citizens, including by undertaking humanitarian intervention. It is unclear, however, which particular agent should be tasked with this responsibility. Should we prefer intervention by the UN, NATO, a regional or subregional organization (such as the African Union), a state, a group of states, or someone else? Humanitarian Intervention and the Responsibility To Protect answers this question by, first, determining which qualities of interveners are morally significant and, second, assessing the relative importance of these qualities. For instance, is it important that an intervener have a humanitarian motive? Should an intervener be welcomed by those it is trying to save? How important is it that an intervener will be effective and what does this mean in practice? James Pattison then considers the more empirical question of whether (and to what extent) the current interveners actually possess these qualities, and therefore should intervene. For instance, how effective can we expect UN action to be in the future? Is NATO likely to use humanitarian means? Overall, it develops a particular normative conception of legitimacy for humanitarian intervention. It uses this conception of legitimacy to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.
Humanitarian Intervention and the AU-ECOWAS Intervention Treaties under International Law by Call Number: KQE728.57.I58 I95ISBN: 9783319236247Publication Date: 2016-01-22The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.
The Law and Politics of Engaging de Facto States by Call Number: Ebscohost ebookISBN: 9781947661059Publication Date: 2018-02-18
Transition from Illegal Regimes under International Law by Call Number: Ebscohost ebookISBN: 9781139092951Publication Date: 2011
The Crime of Aggression by Call Number: JSTOR ebookISBN: 9780691191355Publication Date: 2019-06-11A gripping behind-the-scenes account of the dramatic legal fight to hold leaders personally responsible for aggressive war On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. The Crime of Aggression is Noah Weisbord's riveting insider's account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war--and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.
Ukraine, Cyberattacks, and the Lessons for International Law
KE Eichensehr - American Journal of International Law, 2022 - cambridge.org
… Russia’s invasion of Ukraine has put to the test theories about how cyberattacks fit into … for
the limited role of cyberattacks to date—that Russia’s attempted cyberattacks were thwarted or …
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[HTML] Cyberattacks: a look at evidentiary thresholds in International Law
S Aravindakshan - Indian Journal of International Law, 2021 - Springer
… standards in international law. Given that states now accept that international law applies to
… and treatment of evidence in international law for international wrongs and teases out the …
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Hacking Back under International Law: Toward Effective Remedies against Cyberattacks for Non-State Actors
D Housen-Couriel - CYBERSECURITY AND LEGAL …, 2021 - World Scientific
… It is important to note that for the purpose of the analysis, we have set aside important
international law issues relating to attribution of cyberattacks, the doctrine of diplomatic protection, …
[HTML] sciencedirect.comCheck for Access @ CWRU
[HTML] Digital force majeure: the mondelez case, insurance, and the (un) certainty of attribution in cyberattacks
U Tatar, B Nussbaum, Y Gokce, OF Keskin - Business Horizons, 2021 - Elsevier
… Finally, the characterization of the NotPetya cyberattack under international law would
also play an indispensable role in determining whether it is a warlike action or not. From the …
Save Cite Cited by 4 Related articles All 3 versions Web of Science: 3
The vital role of international law in the framework for responsible state behaviour in cyberspace
H Moynihan - Journal of Cyber Policy, 2021 - Taylor & Francis
… of International Security (OEWG) include examination of how international law applies to …
other on a range of international law issues – can cyberattacks by one state violate another …
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Analyzing the Cyberattacks Sponsored by State-Actors Under the Contemporary Global Political and Legal Frameworks
A Mottaleb, M Canan - ICCWS 2021 16th International …, 2021 - books.google.com
… This paper focuses on cyberattacks under international law; however, when a national
legislative or judicial body establishes a nexus between domestic law and international law, this …
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[PDF] wiley.comCheck for Access @ CWRU
Preparing for hybrid warfare and cyberattacks on health services' digital infrastructure: What nurse managers need to know
JSG Wells - Journal of Nursing Management, 2022 - Wiley Online Library
Aim This article aims to outline the key concepts in hybrid warfare and cyberattack to better
inform nurse managers in their strategic contribution to the defence of critical digital …
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[PDF] How can evidentiary standards be regulated at the international level for verifiable and transparent attributions of cyberattacks to states?
TF Blauth, OJ Gstrein - 2021 - research.rug.nl
… and transparent attributions of cyberattacks to states. It will … procedure based on customary
international law, arguing that … constitutive elements of customary international law, namely (…
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[PDF] academic-conferences.org
Cybersecurity Threats to and Cyberattacks on Critical Infrastructure: a Legal Perspective
M Watney - European Conference on Cyber …, 2022 - papers.academic-conferences.org
… , it would not constitute the use of force within the present international law and is not
specifically prohibited by the international law. Haatja (2019) is of the opinion that the present legal …
[PDF] Leveraging Domestic Law Against Cyberattacks
J Malzac - Nat'l Sec. L. Brief, 2021 - HeinOnline
… 56 The authors of the Manual intended to capture the contemporary state of customary
international law related to cyberattacks. However earnest this endeavor was, it is severely …
1989-2010: The Rise and Fall of Democratic Governance in International Law
SELECT PROCEEDINGS OF THE EUROPEAN SOCIETY OF INTERNATIONAL LAW, Vol. 3, J. Crawford, ed., Hart Publishing, 2011
Number of pages: 13 Posted: 23 Dec 2010 Last Revised: 28 Apr 2011
University of Manchester - School of Law
Keywords: International Law, Democracy, Human Rights, Democratic Governance, Elections, Cold War, ...
Downloads737
3.
In Whose Name? An Investigation of International Courts’ Public Authority and its Democratic Justification
European Journal of International Law, Vol. 23, No. 1. 2012
Number of pages: 39 Posted: 21 Apr 2010 Last Revised: 01 Dec 2011
Armin von Bogdandy and Ingo Venzke
Max Planck Institute for Comparative Public Law and International Law and University of Amsterdam - Amsterdam Center for International Law
Keywords: International Courts and Tribunals, Fragmentation, Democracy, Habermas
Downloads735
4.
Foreign Election Interference and International Law
Election Interference: When Foreign Powers Target Democratic Institutions, Duncan Hollis & Jens Ohlin, eds., Forthcoming
Number of pages: 21 Posted: 08 Jun 2020
UC Hastings Law
Keywords: Election Interference, Sovereignty, Self-Determination, Cyberspace, Non-Intervention, International ...
Downloads706
5.
The Complementary Faces of Legitimacy in International Law: The Legitimacy of Origin and the Legitimacy of Exercise
Fordham International Law Journal, Vol. 34, pp. 101-145, 2010
Number of pages: 46 Posted: 14 Dec 2010 Last Revised: 28 Apr 2011
Jean d'Aspremont and Eric De Brabandere
University of Manchester - School of Law and Leiden University - Grotius Centre for International Legal Studies
Keywords: International Law, Legitimacy, Global Governance, Government, Statehood, International ...
Tyrants on Twitter by Call Number: HM742 .S588 (OhioLINK)ISBN: 9781503628441Publication Date: 2022-04-12A look inside the weaponization of social media, and an innovative proposal for protecting Western democracies from information warfare. When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system--if implemented by legislation in the United States--would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy.
Defending Democracies by Call Number: K3304 .D44 (OhioLINK) Link to ebookISBN: 9780197556979Publication Date: 2021-02-16Election interference is one of the most widely discussed international phenomena of the last five years. Russian covert interference in the 2016 U.S. Presidential Election elevated the topic into a national priority, but that experience was far from an isolated one. Evidence of election interference by foreign states or their proxies has become a regular feature of national elections and is likely to get worse in the near future. Information and communication technologies afford those who would interfere with new tools that can operate in ways previously unimaginable: Twitter bots, Facebook advertisements, closed social media platforms, algorithms that prioritize extreme views, disinformation, misinformation, and malware that steals secret campaign communications. Defending Democracies examines the problem through an interdisciplinary lens and focuses on: (i) defining the problem of foreign election interference, (ii) exploring the solutions that international law might bring to bear, and (iii) considering alternative regulatory frameworks for understanding and addressing the problem. The result is a deeply urgent examination of an old problem on social media steroids, one that implicates the most central institution of liberal democracy: elections. The volume seeks to bring domestic and international perspectives on elections and election law into conversation with other disciplinary frameworks, escaping the typical biases of lawyers who prefer international legal solutions for issues of international relations. Taken together, the chapters in this volume represent a more faithful representation of the broad array of solutions that might be deployed, including international and domestic, legal and extra-legal, ambitious and cautious.
Election Interference by ISBN: 9781108859561Publication Date: 2020-06-09Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more "information operations," a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.
