Prologue to a voluntarist War Convention.

Michigan Law Review, December, 2007 by Sloane, Robert D.

This Article attempts to identify and clarify what is genuinely new about the "new paradigm" of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions--in both the formal and informal senses of that word--onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse "party" to the conflict both (1) repudiates a predicate axiom of international humanitarian law and (2) exhibits an...

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