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In 1955 the Supreme Court ruled that veterans of the U.S. armed forces could not be court-martialed for overseas crimes that were not detected until after they had left military service. Territorial limitations placed such acts beyond the jurisdiction of civilian courts, and there was no other American court in which they could be adjudicated. As a result, a jurisdictional gap emerged that for decades exempted former troops from prosecution for war crimes. “This was not merely a theoretical possibility,” Patrick Hagopian writes. Over a dozen former soldiers who participated in the My Lai massacre did in fact “get away with murder.” Further court rulings expanded the gap to cover civilian employees and contractors that accompanied the armed forces.

In American Immunity, Hagopian places what he calls the “superpower exemption” in the context of a long-standing tension between international law and U.S. sovereignty. He shows that despite the U.S. role in promulgating universal standards of international law and forming institutions where those standards can be enforced, the United States has repeatedly refused to submit its own citizens and troops to the jurisdiction of international tribunals and failed to uphold international standards of justice in its own courts. 

In 2000 Congress attempted to close the jurisdictional gap with passage of the Military Extraterritorial Jurisdiction Act. The effectiveness of that legislation is still in question, however, since it remains unclear how willing civilian American juries will be to convict veterans for conduct in foreign war zones.

Beyond Occupation looks at three contentious terms that regularly arise in contemporary arguments about Israel's practices towards Palestinians in the occupied territories – occupation, colonialism and apartheid – and considers whether their meanings in international law truly apply to Israel's policies. This analysis is timely and urgent – colonialism and apartheid are serious breaches of human rights law and apartheid is a crime against humanity under the Rome Statute of the International Criminal Court.

The contributors present conclusive evidence that Israel’s administration of the Palestinian territories is consistent with colonialism and apartheid, as these regimes are defined in human rights law. Their analysis further shows that these practices are deliberate Israeli state policies, imposed on the Palestinian civilian population under military occupation.

These findings raise serious implications for the legality and legitimacy of Israel's continuing occupation of the Palestinian territories and the responsibility of the entire international community to challenge practices considered contrary to fundamental values of the international legal order.

From Coexistence to Conquest seeks to explain how the Arab-Israeli conflict developed by looking beyond strict legalism to the men behind the policies adopted by the Great Powers at the dawn of the twentieth century. It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905.

The book places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine.

The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.

Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice?  Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror.

Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Making Endless War is built on the premise that any attempt to understand how the content and function of the laws of war changed in the second half of the twentieth century should consider two major armed conflicts, fought on opposite edges of Asia, and the legal pathways that link them together across time and space. The Vietnam and Arab-Israeli conflicts have been particularly significant in the shaping and attempted remaking of international law from 1945 right through to the present day. This carefully curated collection of essays by lawyers, historians, philosophers, sociologists, and political geographers of war explores the significance of these two conflicts, including their impact on the politics and culture of the world’s most powerful nation, the United States of America. The volume foregrounds attempts to develop legal rationales for the continued waging of war after 1945 by moving beyond explaining the end of war as a legal institution, and toward understanding the attempted institutionalization of endless war.

This book centers on the Report of the International Commission to Inquire into the Causes and Conduct of the Balkan Wars, published in Washington in the early summer of 1914 by the Carnegie Endowment for International Peace. The volume was born from the conviction that the full assessment of the significance of the Carnegie Report—one of the first international non-governmental fact-finding missions with the intention to promote peace—requires a deeper exploration of the context of its birth.

The authors examine how the countries involved in the wars handled the inquires of the Carnegie Commission and the role of the report in the remembrance of the wars in the respective states. Although the report considered both the Ottoman Empire and the Balkan nation-states insufficiently civilized to wage wars within the limits of the codes of conduct of international law, this orientalist conclusion can in part be explained by the liberal internationalist strategy of the Carnegie Endowment, and of the commission members’ professional, political, and ethnic background. Overshadowed by the outbreak of World War I, the Carnegie Report’s direct impact on international arbitration or international criminal law was limited, yet—in the authors’ opinion—it ultimately contributed to the further juridification of international relations

Much of our understanding of the world is framed from the perspective of a dominant power center, or from standard readings of historical events. The architecture of international information distribution, academic centers, and the lingua franca of international scholarly discourse also shape these stories. Remoteness Reconsidered employs the idea of remoteness as an analytical tool for viewing international law's encounter with the Americas from the unusual, peripheral perspective of the Atacama Desert. The Atacama is one of the most remote places on Earth, although that less-than-accurate perspective comes from standard historical accounts of the region, accounts that originate from the “center.” Changing the usual frame of reference leads to a reconsideration of the idea of remoteness and of the subsequent marginalization of historical narratives that influence hemispheric international relations in important ways today. Lessons about international law's encounters with neoliberalism, indigenous and human rights, and the management and extraction of mineral resources take on new significance by following a spatial turn toward the idea of remoteness as applied to the Atacama Desert.

2004 — A Choice Outstanding Academic Book

International law has become the key arena for protecting the global environment. Since the 1970s, literally hundreds of international treaties, protocols, conventions, and rules under customary law have been enacted to deal with such problems as global warming, biodiversity loss, and toxic pollution. Proponents of the legal approach to environmental protection have already achieved significant successes in such areas as saving endangered species, reducing pollution, and cleaning up whole regions, but skeptics point to ongoing environmental degradation to argue that international law is an ineffective tool for protecting the global environment.

In this book, Joseph DiMento reviews the record of international efforts to use law to make our planet more livable. He looks at how law has been used successfully—often in highly innovative ways—to influence the environmental actions of governments, multinational corporations, and individuals. And he also assesses the failures of international law in order to make policy recommendations that could increase the effectiveness of environmental law. He concludes that a "supranational model" is not the preferred way to influence the actions of sovereign nations and that international environmental law has been and must continue to be a laboratory to test approaches to lawmaking and implementation for the global community.

The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the United States often seem to support international law in one way while neglecting or even violating it in another?

The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. The contributors to this volume examine how and why the United States has engaged in each form of support across twelve issue areas that are central to twentieth- and twenty-first-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy in each of these areas, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

Marshall Islanders and their ancestral lands and waters played important roles in reshaping the United States’ offshore power, state sovereignty, and the international politics of decolonization.

In the years following World War II, the United States conducted sixty-seven devastating nuclear blasts in the Marshall Islands—yet the archipelago was never a US territory. Working through the United Nations, US diplomats engineered a new, one-of-a-kind extraterritorial status, called strategic trusteeship, to control the Native lands, waters, and peoples of the Marshall, Caroline, and Northern Mariana Islands. Strategic trusteeship permitted the US to militarize a vast expanse of Western Oceania. This novel and racialized legal form of international dependency was integral to US nuclear weapons detonations and damage in the region.

In Unsettling Sovereignty, M. X. Mitchell recounts this untold legal history, exploring how nuclear weapons changed claims and practices of sovereignty from the 1940s to the present. US nuclear blasting in the Marshall Islands troubled conventional renderings of state sovereignty under international law. The explosions, disastrous for Marshallese communities and their ancestral atolls, also caused hazardous nuclear fallout, which spread around the globe. Islanders and their allies turned to law, using legal wrangling over blasting and fallout to raise new questions about the location, time, and subjects of state violence in a period of decolonization; the intersections between race, Indigeneity, and wide-scale technogenic harm; and the pitfalls and unfulfilled promises of international law. Mitchell shows that the Marshallese people and their lands and waters were, and remain, central to redefining sovereignty in an era of boundless pollution and climate change.