作者：Reinold, Theresa
作者单位：Goethe University Frankfurt
摘要：This article explores the challenge for the jus ad bellum posed by irresponsible sovereigns such as weak states that are either unwilling or unable to control their territory effectively and thus become safe havens for terrorists and other irregular groups. Reviewing state practice post-9/11, the article concludes that the notion that sovereignty implies responsibility for effective territorial control has been used to support a more expansive interpretation of the right to self-defense in res...
作者：Bellinger, John B., III; Padmanabhan, Vijay M.
摘要：States engaged in conflicts with nonstate groups confront difficult legal questions relating to detention: (1) who is subject to detention, (2) what process must be provided, (3) when does the right to detain terminate, and (4) what legal obligations exist in connection with repatriation at the end of the conflict? This article demonstrates that the Geneva Conventions and other international and municipal law inadequately answer these questions. It then identifies areas of convergence that may...
