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Law & War

Law & War. Mark Cohen & Tiffany Middleton November 1, 2013. www.ambar.org/publicedevents. Defining the Terms. What is a law? What is a war ? Is the phrase “Law of War” an oxymoron? When does the “Law of War” come into play?. Revolutionary Times.

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Law & War

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  1. Law & War Mark Cohen & Tiffany Middleton November 1, 2013

  2. www.ambar.org/publicedevents

  3. Defining the Terms • What is a law? • What is a war? • Is the phrase “Law of War” an oxymoron? • When does the “Law of War” come into play?

  4. Revolutionary Times • Declaration to establish justice of the “cause” • British claim: This is an uprising, not a war • Enlightenment principles of humanitarian war • “Civilized Warfare” fought according to “the usages and customs” of war • Both sides did not always live up to these principles

  5. The Lieber Code and Modern War 1863

  6. International Laws of War 1899Hague Convention (law for war on land, water) 1925Geneva Convention (poison gas) 1948Convention on the Prevention and Punishment of the Crime of Genocide 1977 Additional Protocols of the Geneva Conventions (international humanitarian law) 2002Rome Statute—International Criminal Court (war crimes jurisdiction)

  7. Lee v. Madigan (1959)

  8. Boumedienev. Bush (2008)

  9. Looking forward

  10. Contact Us Mark Cohen Mark.Cohen@americanbar.org (312) 988-5728 Tiffany Middleton Tiffany.Middleton@americanbar.org (312) 988-5739

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