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Is US Adherence to the Rule of Law in International Affairs Feasible?

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Chapter Summary

The author's goal in this chapter to the Festschrift is more modest: to explore some salient difficulties the United States has had in adhering to the rule of law in the areas of jus ad bellum, jus in bello, and international human rights, with reference to Yoram Dinstein's insights as appropriate. The chapter briefly examines three issues concerning which Yoram's writings have particular relevance: the applicability of the law of armed conflict to the war on terrorism; the status of the detainees at Guantanamo Bay and other detention centers outside of the United States; and command responsibility for clear violations of the law of armed conflict committed by US forces. With respect to the jus ad bellum, Yoram, the author, and a host of other commentators agree that the United States violated fundamental norms of the UN Charter in resorting to the use of armed force in Kosovo.

Keywords: jus in bello; human rights violations; international affairs; international human rights law; jus ad bellum; rule of law; UN Charter; United States



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