Author: Craig Martin PDF: Challenging and Refining the “Unwilling or Unable” Doctrine Abstract This Article challenges and proposes refinements to the “unwilling or unable” doctrine. Governments after 9/11 have invoked the doctrine to justify the use of force in self-defense against non-state actors (NSAs) operating within the territory of nonconsenting states. Responding to criticism that it lacked substance and a legal foundation, Daniel Bethlehem famously developed more de

The last 6 years have seen an unprecedented level of activity in the field of international aviation law, with the adoption of three new conventions and one new protocol. This is a testament to ICAO’s leadership role and its ongoing relevance, particularly in the field of aviation security. The tragic events of 9/11 highlighted some weaknesses in the international law regime and were the impetus behind the nine-year process that led to the adoption of the 2010 Beijing Convent

Recent years have witnessed a growing tendency among established democracies to battle political extremism by banning extremist parties. This Article explores this phenomenon in its wide-ranging international manifestations. The Article aims to challenge the prevalent paradigm underlying the discussion of party banning and to introduce a new paradigm for conceptualizing the party-banning phenomenon in its current reincarnation. Traditionally, the discussion concerning party b

On January 21, 2006, a guided missile destroyer accomplished the U.S. Navy’s first capture of suspected pirates in recent memory.  As the Staff Judge Advocate for the NASSAU Strike Group, the Author advised the seizure, led the onboard investigation, oversaw the shipboard detentions, and testified at the trial in Kenya. Drawing upon this experience, the Author constructs a comprehensive legal and strategic theory for piracy, defining the legal status of pirates and deriving t

Treason is an ancient crime, but it fell into disuse in most Western democratic states after World War II.  Now it is making a comeback with prosecutions or threatened prosecutions against a new type of enemy—accused terrorists—in the United States, the United Kingdom, and Israel.  In the postwar period, commentators wrongly argued that treason would no longer be prosecuted because it is antiliberal, too difficult to prove, unnecessary because modern democracies are stable an