Litigating War

Sean D. Murphy is the Patricia Roberts Harris Research Professor of Law at the George Washington University Law School, and a Member of the U.N. International Law Commission. Professor Murphy has represented several countries in international courts and tribunals, including Ethiopia, Kosovo, Macedonia, Suriname, and the United States. He has published articles in a variety of national and international law journals, and his books include Principles of International Law (2nd Edition, 2012) and Foreign Relations and National Security Law (with Franck, Glennon & Swaine, 4th Edition, 2012). Professor Murphy has served on the Board of Editors of the American Journal of International Law and is a Member of the U.N. International Law Commission. Won Kidane is an Associate Professor of Law at the Seattle University School of Law. Professor Kidane joined the faculty of the Seattle University School of Law in 2008 and has since been teaching international arbitration and litigation, among other courses. Kidane has published several law review articles and a book entitled: China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration (2011). Thomas R. Snider is a Counsel in the international arbitration practice group at Wilmer Cutler Pickering Hale and Dorr LLP in Washington D.C. Since 2000, Mr. Snider has represented clients in a wide range of matters involving international dispute resolution, including state-to-state arbitration, international commercial arbitration, international investment disputes, and U.S. court litigation involving the Foreign Sovereign Immunities Act. He is the co-author, along with Professor Kidane, of Combating Corruption Through International Law in Africa: A Comparative Analysis, 40 Cornell International Law Journal 691 (2007).

Introduction ; I. Historical Overview of the Eritrea-Ethiopia War ; II. Possible Mechanisms for Litigating Mass War-Related Injury ; III. The Claims Commission: Establishment, Procedures, and Cross-Cutting Decisions ; IV. Violation of the Jus Ad Bellum ; V. Battlefield Violations ; VI. Aerial Bombardment ; VII. Belligerent Occupation ; VIII. Prisoners of War ; IX. Enemy Aliens and Property ; X. Diplomatic Violations ; XI. Lessons Learned