Browsing by Author "Blum, Gabriella"

Now showing items 1-18 of 18

    • Bilateralism, Multilateralism, and the Architecture of International Law 

      Blum, Gabriella (Harvard University, Harvard Law School, 2008)
      This paper studies the different roles, impact, and operation of bilateral treaties and multilateral treaties as structures within the architecture of international law. I observe that the preference for bilateralism or ...

    • The Crime and Punishment of States 

      Blum, Gabriella (Yale Law School, 2013)
      Why is it that we don’t punish states anymore, or, at least, don’t admit to doing so? The moral rhetoric of “crime” and “punishment” of states has been excised from mainstream international law, and replaced with an ...

    • The Dispensable Lives of Soldiers 

      Blum, Gabriella (Oxford University Press (OUP), 2010)
      Why are all soldiers fair game in war? The laws of war, under their current interpretation, divide up populations into two classes – that of civilians and that of combatants – and accord each its own set of privileges and ...

    • The Dispensable Lives of Soldiers 

      Blum, Gabriella (2010)

    • The Fog of Victory 

      Blum, Gabriella (2013)
      What does victory mean today? How do we know who ‘won’ the war and what does the winner win by winning? This article uses the prism of victory to view the transformation of the goals, means, and targets of war, and assesses ...

    • Indefinite War: Unsettled International Law on the End of Armed Conflict 

      Lewis, Dustin Andrew; Blum, Gabriella; Modirzadeh, Naz Khatoon (The Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), 2017)
      Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a ...

    • Judicial Review of Counterterrorism Operations 

      Blum, Gabriella (International Association of Jewish Lawyers and Jurists, 2010)
      A comparison of American and Israeli courts’ judicial review of counterterrorism operations reveals both similarities and differences in their opinions as to not only what constitutes lawful conduct, but also as to what ...

    • Law of Policy of Targeted Killing 

      Blum, Gabriella; Heymann, Philip B. (Harvard Law School, 2010)
      This is a chapter from our forthcoming book, 'Laws, Outlaws, and Terrorists: Lessons from the War on Terrorism', (MIT Press, September 2010). This chapter addresses the legal, ethical, and strategic aspects of targeted ...

    • Law of Policy of Targeted Killing 

      Blum, Gabriella; Heymann, Philip B. (Harvard Law School, 2010)
      This is a chapter from our forthcoming book, 'Laws, Outlaws, and Terrorists: Lessons from the War on Terrorism', (MIT Press, September 2010). This chapter addresses the legal, ethical, and strategic aspects of targeted ...

    • The Laws of War and the Lesser Evil 

      Blum, Gabriella (American Society of International Law, 2009)
      One of the fundamental principles of international humanitarian law (IHL) is that it recognizes no lesser-evil justification for breaking its rules. Those violating the laws of war will thus be viewed as war criminals even ...

    • The Laws of War and the Lesser Evil 

      Blum, Gabriella (Yale Law School, 2010)
      One of the fundamental principles of international humanitarian law (IHL) is that it recognizes no lesser-evil justification for breaking its rules. Those violating the laws of war will thus be viewed as war criminals even ...

    • Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism 

      Lewis, Dustin Andrew; Modirzadeh, Naz Khatoon; Blum, Gabriella (Harvard Law School Program on International Law and Armed Conflict, 2015)
      The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. ...

    • On a Differential Law of War 

      Blum, Gabriella (Harvard University, Harvard Law School, 2011)
      Should the United States, as the strongest military power in the world, be bound by stricter humanitarian constraints than its weaker adversaries? Would holding the U.S. to higher standards than the Taliban, Iraqi insurgents, ...

    • Quantum of Silence: Inaction and Jus ad Bellum 

      Lewis, Dustin; Modirzadeh, Naz; Blum, Gabriella (2019)
      In this paper, we examine the actual and potential roles of silence as an element of jus ad bellum treaty law and customary international law. By silence, we mean a lack of a publicly discernible response either to conduct ...

    • Re-Envisaging the International Law of Internal Armed Conflict: A Reply to Sandesh Sivakumaran 

      Blum, Gabriella (European University Institute, 2011)
      The regulation of internal armed conflict by international law has come a long way in a very short space of time. Until the early 1990s, there were a minimum of international law rules applicable to internal armed conflict. ...

    • The Role of the Client: The President's Role in Government Lawyering 

      Blum, Gabriella (Boston College Law School, 2009)
      Discussions of whether Bush and Clinton administration lawyers have acted ethically have missed a fundamental point about the attorney-client relationship. It is the client - in this case, the government - who is ultimately ...

    • War for the Wrong Reasons: Lessons from Law 

      Blum, Gabriella; Goldberg, John C. P. (2014)
      In Ethics for Enemies, Frances Kamm argues that, under certain conditions, it is mor-ally permissible for a state to launch a war for opportunistic reasons. We consider how law might shed light on Kamm’s argument. Part I ...

    • War-Algorithm Accountability 

      Lewis, Dustin Andrew; Blum, Gabriella; Modirzadeh, Naz Khatoon (Harvard Law School Program on International Law and Armed Conflict (PILAC), 2016)
      In this briefing report, we introduce a new concept — war algorithms — that elevates algorithmically-derived “choices” and “decisions” to a, and perhaps the, central concern regarding technical autonomy in war. We thereby ...