International Law Aspects of Repatriation of Prisoners of War During Hostilities: A Reply

1973 ◽  
Vol 67 (4) ◽  
pp. 693-710
Author(s):  
Howard S. Levie
Keyword(s):  
United States ◽  
International Law ◽  
Ad Hoc ◽  
Geneva Convention ◽  
The United States ◽  
Prisoners Of War ◽  
The Subject ◽  
Humanitarian Organization ◽  
Forward Looking

In the July 1973 issue of the Journal, there appeared an article with the above title written by Professor Richard Falk, in which he, in effect, advanced the thesis that the release of prisoners of war for repatriation during the course of hostilities in Vietnam to an ad hoc and self-styled “humanitarian organization” (which admittedly consisted solely of individuals who were vocal opponents of the United States participation in those hostilities) either constituted a valid and forward-looking interpretation of the provisions of the Geneva Convention of 1949 relative to the Treatment of Prisoners of War (hereinafter referred to as “the 1949 Convention”) or indicated the need for revision of that instrument. The subject appears to be one which calls for an analysis in considerably greater depth than the treatment provided in the article by Professor Falk.

scholarly journals PRIVATE INTERNATIONAL LAW IN BRAZIL: A BRIEF OVERVIEW

2018 ◽  
Vol 1 (1) ◽  
pp. 11-37
Author(s):  
Carmen Tiburcio
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Private International Law ◽  
The Status ◽  
Rules And Principles ◽  
The Subject

The paper is intended to provide an overview of Private International Law in Brazil. With this purpose, it presents in broad lines the subject matters of the discipline, undertaking, whenever possible, comparisons with the contours given to it in the United States. In sum, the text deals with the acquisition of Brazilian nationality, the status of aliens, the determination of the applicable legislation to legal relationships with international connections – which includes the exam of Brazilian connecting rules and principles of Private International Law – and the exercise of Brazilian jurisdiction.

Medical immunity, international law and just war theory

2018 ◽  
Vol 165 (4) ◽  
pp. 256-265
Author(s):  
Fritz Allhoff ◽  
K Potts
Keyword(s):  
United States ◽  
International Law ◽  
Geneva Convention ◽  
Just War Theory ◽  
Medical Personnel ◽  
The United States ◽  
Humanitarian Law ◽  
Legal Norms ◽  
Control Centre ◽  
Intentional Attack

Under customary international law, the First Geneva Convention and Additional Protocol I, medical personnel are protected against intentional attack. In § 1 of this paper, we survey these legal norms and situate them within the broader international humanitarian law framework. In § 2, we explore the historical and philosophical basis of medical immunity, both of which have been underexplored in the academic literature. In § 3, we analyse these norms as applied to an attack in Afghanistan (2015) by the United States; the United States was attempting to target a Taliban command-and-control centre but inadvertently destroyed a Médecins Sans Frontières hospital instead, killing 42 people. In § 4, we consider forfeiture of medical immunity and, more sceptically, whether supreme emergency could justify infringement of non-forfeited protected status.

Lawless Wars of Empire? The International Law of War in the Philippines, 1898–1903

2018 ◽  
Vol 36 (3) ◽  
pp. 511-550 ◽  
Author(s):  
Will Smiley
Keyword(s):  
United States ◽  
International Law ◽  
United States Army ◽  
The United States ◽  
The Philippines ◽  
Prisoners Of War ◽  
Military Officers ◽  
Laws Of War ◽  
The World ◽  
History Of

Writing for his fellow military officers in early 1903, United States Army Major C.J. Crane reflected on the recent Philippine–American War. The bloody struggle to suppress an insurgency in the Philippines after the United States had annexed them from Spain in 1899 had officially concluded the previous July. The war had been accompanied by fierce racist sentiments among Americans, and in keeping with these, Crane described his foes as “the most treacherous people in the world.” But Crane's discussion drew as much on concepts of law as it did on race. The average American officer, Crane argued, had “remembered all the time that he was struggling with an enemy who was not entitled to the privileges usually granted prisoners of war,” and could be summarily executed, without benefit of “court-martial or other regular tribunal.” If anything, the Americans had been too generous. “Many [American] participants in the struggle,” he maintained, “have failed to fully understand that we were practically fighting an Asiatic nation in arms and almost every man a soldier in disguise and a violator” of the laws of war. But what did those laws mean to the United States during the conflict, and what does this indicate about the broader history of international law's relationship to empire?

Doctor Francis Lieber’s Instructions for the Government of Armies in the Field

1907 ◽  
Vol 1 (1) ◽  
pp. 13-25 ◽  
Author(s):  
George B. Davis
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Public International Law ◽  
The Subject ◽  
The Government ◽  
International Good

International law owes much to American judges and to American jurists. The list of those who have contributed to its advancement is not short and includes the names of Marshall, Story and Field, Kent, Wheaton, with his able commentators, Dana and Lawrence, Halleck and Lieber and, among recent writer’s, Taylor, Moore and Snow. Although his name is not connected with a general treatise on the subject of public international law, it may be doubted whether any of his fellow-workers in that field have rendered a more important service to humanity and to international good neighborhood, than has Dr. Francis Lieber in his memorable “Instructions for the Government of the Armies of the United States in the Field.”

Legal Issues in the Nicaragua Opinion

1987 ◽  
Vol 81 (1) ◽  
pp. 160-166
Author(s):  
Fred L. Morrison
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Legal Issues ◽  
United States Government ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
States Government ◽  
The Subject

The opinion of the International Court of Justice in the Nicaragua case will be of interest primarily because of its general pronouncements on questions of international law. Its impact on the immediate controversy appears slight; the United States Government has strongly indicated its view that the Court lacked jurisdiction over the controversy, has vetoed subsequent proposed Security Council resolutions on the subject, and is appropriating additional funds for the contested activities, without apparent reference to the Court’s decision. This Comment is limited to the general theoretical and legal issues and will not treat the underlying factual issues, the Court’s disposition of the immediate case or the implications of the opinion for the evolution of the dispute.

The Hague Evidence Convention: Practice in the Netherlands

1989 ◽  
Vol 2 (2) ◽  
pp. 155-166
Author(s):  
Eric P. A. Keyzer ◽  
Marion Th. Nijhuis
Keyword(s):  
United States ◽  
The Netherlands ◽  
Supreme Court ◽  
International Law ◽  
The United States ◽  
European Countries ◽  
Private International Law ◽  
Differences Of Opinion ◽  
The Subject ◽  
The Hague

The Hague Evidence Convention – officially the Convention On the Taking of Evidence Abroad in Civil or Commercial Matters – was realized in 1970 by The Hague Conference for Private International Law. The Convention gave rise to several differences of opinion between Europe and the United States. The European countries and the United States, in particular, disagree about the (optional or obligatory) character of the convention-procedures. This article will, among other things, deal with the consequences to be expected in The Netherlands of a recent American Supreme Court judgement on this issue: The Aérospatiale case1. The subject will be treated in five sections: 1.The Hague Evidence Convention; 2.The Netherlands and The Hague Evidence Convention; 3.Consequences of the Aérospatiale-case for The Netherlands; 4.Consequences of the Aérospatiale-case for Dutch parties involved in litigation in the UnitedStates; 5.Aérospatiale and conclusion.

Woodrow Wilson, Victoriano Huerta, and the Recognition Issue in Mexico

1984 ◽  
Vol 41 (2) ◽  
pp. 151-176 ◽  
Author(s):  
Peter V. N. Henderson
Keyword(s):  
United States ◽  
International Law ◽  
Latin American ◽  
The United States ◽  
The Political ◽  
Internal Stability ◽  
Woodrow Wilson ◽  
The Subject ◽  
The Law ◽  
United States Imperialism

I. The Evolution of the Law of Recognition until 1913To state that the United States imperialistically meddled in Mexican internal affairs in 1913 would scarcely surprise the scholarly community. The theme of United States imperialism in Latin America has been the subject of dispassionate scholarship and patriotic diatribes. Regardless of their perspective, writers have generally focused upon the political, social, strategic, and economic aspects of intervention. Considerably less attention has been given the United States' creative use of international law to affect the internal stability of Latin American nations. This article will contribute to bridging this gap by analyzing the manner in which Woodrow Wilson used the law of recognition to unseat Mexico's dictator, Victoriano Huerta; a man Wilson considered unfit to govern.

Foreign Relations and the Judiciary

2002 ◽  
Vol 51 (3) ◽  
pp. 485-510 ◽  
Author(s):  
Lawrence Collins
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
Company Law ◽  
Private International Law ◽  
Public International Law ◽  
International Lawyer ◽  
The Subject ◽  
The Relationship

It is not generally appreciated that Francis Mann was not an international lawyer at all by training. His thesis at Berlin University was in company law. It was only after he had been in England for some time that he began to write about private international law,1 and his interest in public international law was developed as a result of his friendship with Sir Hersch Lauterpacht. It was not until 1943 that he published anything about public international law, and in that year he published a substantial article in two parts on the relationship between national law and international law, in which he built on the previous work on Judicial Aspects of Foreign Relations by Louis Jaffe2 and on acts of state by Sir William Holdsworth.3 Subsequently he came to make this subject his own, at least in England,4 where the subject has never attracted the attention which it has attracted in the United States.5

scholarly journals PRIVATE INTERNATIONAL LAW IN BRAZIL: A BRIEF OVERVIEW

2018 ◽  
Vol 1 (1) ◽  
pp. 11-37
Author(s):  
Carmen Tiburcio
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Private International Law ◽  
The Status ◽  
Rules And Principles ◽  
The Subject

The paper is intended to provide an overview of Private International Law in Brazil. With this purpose, it presents in broad lines the subject matters of the discipline, undertaking, whenever possible, comparisons with the contours given to it in the United States. In sum, the text deals with the acquisition of Brazilian nationality, the status of aliens, the determination of the applicable legislation to legal relationships with international connections – which includes the exam of Brazilian connecting rules and principles of Private International Law – and the exercise of Brazilian jurisdiction.

Taking Treaties Less Seriously

1998 ◽  
Vol 92 (3) ◽  
pp. 458-462
Author(s):  
Detlev F. Vagts
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
The United States ◽  
The Media ◽  
The Subject

A decade ago, my predecessor as Editor in Chief wrote a trenchant critique of what he saw as a tendency of the United States not to give its treaty obligations the weight they deserved. I return to the subject to report that the last ten years have seen an alarming exacerbation of that situation. The mood in the United States about treaty commitments has turned distinctly negative. This has gone so far as to dismay both actual and potential treaty partners of the United States and, in general, all who are concerned about the performance of the country in the realm of international law. Some of the manifestations of this mood can be dismissed as eccentric, at the level of Christian militias’ expressions of anxiety about the prospects of black-painted helicopters dropping United Nations forces into Montana and Idaho. The more worrisome part of it is the prevalence of distaste for treaty commitments in Congress and other influential circles, including the media.

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