No description available.

The last decade has witnessed a substantial increase in the use of military airpower for peace enforcement. Coalition airstrikes in the 1991 Gulf War, the use of NATO airpower against Bosnian-Serbs in 1995 and Yugoslavia in 1999, and the use on US-led airpower in the recent conflict in Afghanistan, are all examples of this trend. / The use of airpower presents important implications for the laws of armed conflict while having consequences for the internationally-sanctioned delivery of humanitarian relief to war victims. Has the use of airpower increasingly limited civilian casualties since the Gulf War? Are humanitarian operations possible doting coalition air campaigns? / While centered on Protocol I of the Geneva Conventions and the work of the International Committee of the Red Cross, this thesis will identify and examine legal gaps and humanitarian tensions. An evaluation will be conducted of the behavior and results of coalition airpower and of relief agency access.

Information Warfare involves the attack and defense of information and information systems, both in time of armed conflict and in operations short of war. While information technology provides the promise of a new class of less lethal military instruments, it also presents vulnerabilities occasioned by widespread dependence on an increasingly complex and interconnected global information infrastructure. These vulnerabilities, when exploited by those who would target civilians in order to inspire widespread fear in hopes of accomplishing a political agenda, can be understood as cyber-terrorism. / As information warfare techniques evolve, those employing them should look to several relevant sources for normative guidance. Relevant, internationally shared values can be found in international custom, the U.N. Charter, treaties dealing with the subject of "cybercrime," those governing the communication media likely to be utilized by information warriors, UNGA Resolutions and those treaties and customary norms that make up the Law of Armed Conflict.

The world is in the midst of a revolution in the conduct of military operations wherein modern military aerospace information systems, weapons and their associated weapon systems are changing the conduct of warfare. Aerospace power has become the dominant, if not decisive, factor in modern warfare. Yet, there are currently no treaties dealing specifically with the law of armed conflict in the air and space environments. Chapter I describes the evolution to date of the law governing aerospace warfare. Chapter II analyzes the relevance of military interventions in Iraq and Yugoslavia (Bosnia; Kosovo) to the law of air and space warfare. Chapter III discusses the impact of "humanitarian intervention" on the law of aerospace warfare. Chapters IV and V explore the role and effect of earth-based and space-based military assets respectively. This thesis concludes that although the existing law of armed conflict is capable of evolving to cope with the legal issues posed by aerospace warfare in the twenty-first century, the conclusion of multilateral agreements to deal with some of those issues is advisable.

Thesis--University of Santo Thomas. / Includes bibliographical references.

Thèse - Université de Paris. / At head of title: Université de Paris. Faculté de droit. "Bibliographie": p. [275]-276.

No description available.

No description available.

International humanitarian law, international criminal law and international human rights law all share the common goal of seeking to regulate the behavior of international actors in relation to the three most serious offences under international law - genocide, war crimes and crimes against humanity. International legal rules, processes and institutions within these three areas of law represent the international community's ongoing quest to address and prevent the commission of these crimes - to create "a more humane world under law." International law has therefore been relied upon as the primary - arguably exclusive - mechanism for prescribing rules of conduct and for enforcing prescribed rules. It is clear, however, that the legal framework alone has not been able to bridge the gap between internationally agreed standards and substantive practice on the part of international actors. That international law comprises only a partial solution to the problem of human rights atrocities is well recognized. It is argued here that the international community's preoccupation with international law as the means for regulating State and individual behavior in this area has in fact contributed to continuing problems of non-compliance as much as it has assisted in engendering compliance with the law. In other words, law is as much a part of the problem as it is a part of the solution. It is argued that the international community must look beyond the law, to non-traditional, informal influences operating alongside the law, in order to move towards the goal of effective enforcement of the law prohibiting genocide, war crimes and crimes against humanity. Based on Constructivist thinking, four key strategies - departures from traditional Positivist-Realist conceptions of the international legal system - are suggested as focal points for enhancing compliance with the laws in this area, these being: active differentiation between the target subjects of the law; utilization of the dual power of international humanitarian law; employing social norms and ethical values as motivations for compliance with the law; and embracing the informal compliance-inducing activities and powers of non-state actors. Applying these strategies to the humanitarian law enforcement project, a reversal of traditional perceptions of the influence of ethics and law in relation to individual and State target subjects respectively, is proposed as a future direction for enhancing compliance and furthering the prevention project in relation to genocide, war crimes and crimes against humanity.

International humanitarian law, international criminal law and international human rights law all share the common goal of seeking to regulate the behavior of international actors in relation to the three most serious offences under international law - genocide, war crimes and crimes against humanity. International legal rules, processes and institutions within these three areas of law represent the international community's ongoing quest to address and prevent the commission of these crimes - to create "a more humane world under law." International law has therefore been relied upon as the primary - arguably exclusive - mechanism for prescribing rules of conduct and for enforcing prescribed rules. It is clear, however, that the legal framework alone has not been able to bridge the gap between internationally agreed standards and substantive practice on the part of international actors. That international law comprises only a partial solution to the problem of human rights atrocities is well recognized. It is argued here that the international community's preoccupation with international law as the means for regulating State and individual behavior in this area has in fact contributed to continuing problems of non-compliance as much as it has assisted in engendering compliance with the law. In other words, law is as much a part of the problem as it is a part of the solution. It is argued that the international community must look beyond the law, to non-traditional, informal influences operating alongside the law, in order to move towards the goal of effective enforcement of the law prohibiting genocide, war crimes and crimes against humanity. Based on Constructivist thinking, four key strategies - departures from traditional Positivist-Realist conceptions of the international legal system - are suggested as focal points for enhancing compliance with the laws in this area, these being: active differentiation between the target subjects of the law; utilization of the dual power of international humanitarian law; employing social norms and ethical values as motivations for compliance with the law; and embracing the informal compliance-inducing activities and powers of non-state actors. Applying these strategies to the humanitarian law enforcement project, a reversal of traditional perceptions of the influence of ethics and law in relation to individual and State target subjects respectively, is proposed as a future direction for enhancing compliance and furthering the prevention project in relation to genocide, war crimes and crimes against humanity. / Law, Peter A. Allard School of / Graduate