Offense Occupied: Article 134's Preemption Doctrine
In: The Army Lawyer, May 2017
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In: The Army Lawyer, May 2017
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In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 105, Heft 924, S. 1267-1292
ISSN: 1607-5889
AbstractThis article outlines and evaluates the US perspective on how treaty and customary international law protect the natural environment during international armed conflict. It surveys the relevant treaties to which the United States is a party and examines US views on their pertinent provisions. It then assesses claims that the environmental obligations residing in the 1977 Additional Protocol I to the 1949 Geneva Conventions have attained customary status, outlines the United States' rejection of those claims, and evaluates the reasonableness thereof. Finally, it highlights ambiguities in certain US environmental positions, the resolution of which would bring much-needed clarity to the law.
In: International Review of the Red Cross (November 2023, Forthcoming)
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In: 100 International Law Studies 513 (2023)
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In: 100 International Law Studies 186 (2023)
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