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There are many different sources available to you to conduct law of war research in the Taggart Law Library. You can click on the links below to navigate through the various types of sources. If you need assistance locating or using any of these sources, do not hesitate to consult a librarian.
Secondary Sources |
Primary Sources |
Selected Web Links |
| Conventions | ||
| Research Guides | Courts and Tribunals | |
| Journal Articles | Military Trial Materials | |
| Military Documents | ||
| Foreign Law |
Treatises: Legal treatises, or books, are often a good way to begin researching a topic. These treatises can be one volume or multi-volume, and may be updated with pocket parts or as part of a looseleaf service. They provide a discussion of the law in that area and can give you citations and references to both primary sources and other secondary sources.
You can use POLAR, the online catalog, to help you locate appropriate treatises. Examples of some subject headings you might use as subject searches for research on the law of war include:
Crimes against humanity
Criminal procedure (international law)
Genocide—name of country [e.g., Rwanda, etc.]
Humanitarian lawInternational criminal courtsInternational offenses
Military law
Name of incident [e.g., My Lai Massacre, Vietnam, 1968]
Name of war—atrocities [e.g., World War, 1939-1945—atrocities]
Trials (crimes against humanity)
War (international law)
War crime trials
War crimes
War criminals
War victims—legal status, laws, etc.
Browsing the Stacks: Once you find a book on the shelf, you can browse the stacks in a particular area and often find something better than what you were originally looking for! Here are the call numbers and locations of some of the subject headings mentioned above:
Call No.
Subject(s)
Location
K 5301
Law North
KZ 6385
Law North
KZ 6471
Law North
Research Guides/Bibliographies: Sometimes helpful research sources for a particular area of the law have already been pulled together by someone else. An example of a print bibliography on the law of war is:
War Crimes, War Criminals, and War Crimes Trials: An Annotated Bibliography and Source Book, Norman E. Tutorow, ed. New York: Greenwood Press, 1986. K 5301.A12 T87 1986—Law North
To find other materials like this, you can try a keyword or subject search using terms such as “war crimes bibliography” in POLAR or OhioLINK.
There are also several online research guides related to the law of war, including:
Case School of Law—War Crimes Research Portal:
http://www.law.case.edu/war-crimes-research-portal/
Crimes of War Project—Thematic Bibliography:
http://www.crimesofwar.org/resources/bibliography/bibliography.html
Georgetown Law Library—War Crimes:
http://www.ll.georgetown.edu/intl/guides/WarCrimes.cfm
New England School of Law—War Crimes:
Journal Articles: Articles from legal journals and law reviews can also be helpful in explaining an area of the law and providing research references. Articles can often be more current and more narrowly focused than books. For example, on the topic of the law of war, the article “Creating and Improving Legal Incentives for Law of War Compliance” from the Winter 2008 issue of the New England Law Review might be helpful.
How do I find journal articles on my topic?
There is usually a two-step process to finding journal articles:
Use a print or online index to find citations to articles by topic.
Go to a print or online journal article to get the full text of the article.
Print Journal Indexes:
Index to Legal Periodicals and Books (Beige in color)
Articles indexed by subject and author from 1886-present; citations only--Law North
Current Law Index (CLI—Red & black in color)
Articles indexed by subject, author, and title from 1980-present;citations only--Law North
Index to Foreign Legal Periodicals (Burgundy in color)
Articles indexed by subject, geographical area, and author from 1960-present--Law North
Public Affairs Information Service (PAIS—Green in color)
Indexes over 1,600 public policy journals, including many non-law titles, by subject; includes non-English language journals (also available online through OhioLINK)--Law North
Online Journal Indexes:
Index to Foreign Legal Periodicals (Same as print version above, indexing articles from 1985-present)
Index to Legal Periodicals and Books (Online version of Index to Legal Periodicals and Books; indexing from 1908-present and “select” full-text from 1995-present)
LegalTrac (Online version of Current Law Index; citations and some full text of articles from legal periodicals from 1980-present)
Where do I go to get the full text of articles?
Bound Periodicals and Law Reviews: Shelved in alphabetical order by journal title on the north side of the library
Law Reserve: The most current issues of our periodicals are kept on reserve. If the article is recent and you can’t find it on the shelves, ask at the Circulation Desk.
HeinOnline: Full text of law reviews and journals; coverage varies by title—available at the law library from the Library Subscription Services web page
JSTOR: Scholarly journal archive featuring full text page images of articles from journals in history, political science, sociology, and many other disciplines; coverage varies by title—available through the Library Subscription Services web page
Periodical Titles: There are many periodicals dealing with law of war issues. Some of these titles are listed below, with the law library’s holdings provided where applicable.
American Journal of International Law: Published by American Society of International Law (vol.1-present in Law Periodicals); also available online through HeinOnline and JSTOR
International Review of the Red Cross: Quarterly publication of the International Committee of the Red Cross dealing with international humanitarian law; available freely online from 1995-present at http://www.icrc.org/eng/review
Journal of Conflict and Security Law: Formerly known as the Journal of Armed Conflict Law (vol. 5-present in Law Periodicals; also available online through HeinOnline and Oxford Journals)
Journal of International Criminal Justice: Published by Oxford University Press (vol.1-present in Law Periodicals; also available online through Lexis, Westlaw, and OhioLINK Electronic Journal Center)
Military Law Review: Publication of the U.S. Department of the Army (1958-2003 in Law Periodicals; also available online through HeinOnline, LLMC Digital, and the Library of Congress)
To find other print and electronic journals dealing with your topic, use keyword or subject searches using terms such as “military law periodicals” in POLAR.
Primary sources such as conventions, proceedings of tribunals, materials from military trials, and government documents on the law of war will be very important to your research. These primary sources are available in a variety of places.
Conventions: International conventions are very important in the law of war. Some print and electronic sources for these conventions include:
Documents on the Laws of War, 3rd ed. Roberts and Guelff, eds. Oxford: Oxford Univ.
Press, 2000. KZ 6385.D63 2000—Law North
EISIL: Electronic System for International Law: available online through the American Society of International Law; contains links to conventions on war crimes and crimes against humanity at: http://www.eisil.org/index.php?sid=842719511&t=sub_pages&cat=492 and http://www.eisil.org/index.php?sid=842719511&t=sub_pages&cat=207
and conventions on the law of armed conflict athttp://www.eisil.org/index.php?sid=842719511&t=sub_pages&cat=75
International Humanitarian Law Database: available online through the International Committee of the Red Cross; contains treaties and documents by topics, date, and country. http://www.icrc.org/ihl
The Law of War, A Documentary History, 2 volumes. Friedman, ed. New York: Random House,
1972. KZ 6385.F74 1972—Law North
The Laws of War: available online through the Avalon Project at Yale Law School at http://avalon.law.yale.edu/subject_menus/lawwar.asp
Treaties in Force: A List of Treaties and Other International Agreements of the United States. Washington, DC: Dept. of State. S 9.14: (Year)—Law Documents (also available online at http://www.state.gov/s/l/treaty/treaties/2009/index.htm)
Tufts University Multilaterals Project—Rules of Warfare, Arms Control: available online; contains full-text versions of international multilateral conventions on warfare and arms control.http://fletcher.tufts.edu/multi/warfare.html
United Nations Treaty Collection: online database available through the library’s Subscription Services web page
University of Minnesota Human Rights Library: available online; contains lists of conventions on war crimes, crimes against humanity, genocide, and terrorism at: http://www1.umn.edu/humanrts/instree/auox.htm
and the law of armed conflict at http://www1.umn.edu/humanrts/instree/auoy.htm
Courts and Tribunals: Some key print and electronic sources dealing with international courts and tribunals include:
Global War Crimes Tribunal Collection. Global Law Association, 1997-. KZ 1190.G56 1997—Law North (multi-volume set of trial materials from Rwanda and Yugoslavia tribunals)
Official Web Sites: These official sites can offer background information as well as links to many primary source materials.
- International Criminal Tribunal for Rwanda (ICTR): http://69.94.11.53/
- International Criminal Tribunal for the former Yugoslavia (ICTY): http://www.icty.org/
- International Criminal Court (ICC): http://www.icc-cpi.int/
- Special Court for Sierra Leone: http://www.sc-sl.org/
- International Court of Justice (ICJ): http://www.icj-cij.org/
The Leipzig Trials; An Account of the War Criminals’ Trials and a Study of the German Mentality. Claud Mullins. London: H.F. & G. Witherby, 1921. Available online through The Making of Modern Law database and in print through OhioLINK.
Nuremberg Trials Project: A Digital Document Collection: available online through the Harvard Law School Library at http://nuremberg.law.harvard.edu/
The Nuremberg War Crimes Trials: available online through the Avalon Project at Yale Law School at http://avalon.law.yale.edu/subject_menus/imt.asp
The Statute of the International Criminal Court: A Documentary History. Compiled by M. Cherif Bassiouni. Ardsley, N.Y.: Transnational Pub., 1998. KZ 6310.S73 1998—Law North
Statutes Establishing Courts and Tribunals:
- Rome Statute of the ICC: http://untreaty.un.org/cod/icc/statute/romefra.htm
- Statute of the ICTY: http://www.icty.org/sid/135
- Statute of the ICTR: http://69.94.11.53/ENGLISH/basicdocs/statute.html
- Agreement between the UN and Sierra Leone for the establishment of a Special Court for Sierra Leone: http://www.sc-sl.org/LinkClick.aspx?fileticket=CLk1rMQtCHg%3d&tabid=176
- Statute of the Special Court for Sierra Leone: http://www.sc-sl.org/LinkClick.aspx?fileticket=uClnd1MJeEw%3d&tabid=176
- Statute of the Iraqi Special Tribunal: http://law.case.edu/saddamtrial/documents/IST_statute_official_english.pdf
The Tokyo War Crimes Trial. Annotated, compiled, and edited by Pritchard and Zaide. New York: Garland Pub., 1981-. Available through OhioLINK.
The Trial of German Major War Criminals: Proceedings of the International Military Tribunal Sitting at Nuremberg, Germany. London: 1946-. Available through OhioLINK.
Military Trial Materials: There are various print and electronic materials dealing with military trials.
Boston Massacre
Famous American Trials: Boston Massacre Trials: available online through the UMKC School of Law at http://www.law.umkc.edu/faculty/projects/ftrials/bostonmassacre/bostonmassacre.html
History of the Boston Massacre, March 5, 1770: Consisting of the Narrative of the Town, the Trial of the Soldiers: and a Historical Introduction, Containing Unpublished Documents of John Adams, and Explanatory Notes. Frederick Kidder. Delanco, N.J.: Notable Trials Library, 2001. E 215.4.K46 2001—Law Special Collections
The Trial of the British soldiers of the 29th Regiment of Foot for the murder of Crispus Attucks ... on ... March 5, 1770, before the ... justices of the Superior Court ... November 27, 1770. Boston: Belcher and Armstrong, 1807. Available online through the Early American Imprints, Series II database on the library’s Subscription Services web page.
Breaker Morant Trial (South Africa)
Scapegoats of the Empire: The True Story of the Bushveldt Carbineers. George Witton. London: Angus & Robertson, 1982. DT 1916.W58 2009—Law Special Collections
- for more sources, try using the subject heading “Trials (military offenses)—South Africa” in OhioLINK
Iraq (Haditha, Abu Ghraib, etc.)
The Torture Papers: The Road to Abu Ghraib. Greenberg and Dratel, eds. New York: Cambridge Univ. Press, 2005. DS 79.76 T676 2005—Law North
War Crimes Research Portal: Iraq: Links to resources dealing with the war in Iraq; available at http://www.law.case.edu/war-crimes-research-portal/links.asp?id=44
- for more sources, try using the subject headings “Iraq War, 2003—Atrocities” or “Abu Ghraib Prison” in OhioLINK
Malmedy
A Peculiar Crusade: Willis M. Everett and the Malmedy Massacre. James J. Weingartner. New York: New York University Press, c2000. D804.G4 W39 2000—Law North
My Lai
Famous American Trials: My Lai: available online through the UMKC School of Law at http://www.law.umkc.edu/faculty/projects/ftrials/mylai/mylai.htm
Investigation of the My Lai Incident: Congressional hearings and report available online through the Library of Congress at http://www.loc.gov/rr/frd/Military_Law/ML_investigation.html
War Crimes Research Portal: Vietnam War Crimes: Links to resources dealing with the My Lai incident and other Vietnam War crimes; available at http://www.law.case.edu/war-crimes-research-portal/links.asp?id=76
Military Documents: Consulting the military operational manuals and documents of the United States and other countries may also be important to your research. Here are some sources to consult in this area:
U.S.
Army War College Library Links: Regulations and Field Manuals from all branches of the service, as well as Department of Defense Directives. http://www.carlisle.army.mil/library/official_publications.htm
Department of Defense Issuances: Includes DoD directives, instructions, and other publications; available online at http://www.dtic.mil/whs/directives/
Law of Armed Conflict in Air and Space Operations: Bibliography prepared by the Air University Library; available online at http://www.au.af.mil/au/aul/bibs/loac09.htm
The Law of Land Warfare. U.S. Department of the Army. Washington: GPO, 1956. D 101.20:27-10—Law Documents; also available online at http://faculty.ed.umuc.edu/~nstanton/FM27-10.htm
Law of War Workshop Deskbook, 2005. (posted Sep. 2004) International and Operational Law Department, JAG School, U.S. Army, Charlottesville, VA. Available online athttp://www.au.af.mil/au/awc/awcgate/law/low-workbook.pdf
The Laws of Land Warfare: A Guide to the U.S. Army Manuals. Donald Wells, ed. Westport, Conn: Greenwood Press, 1992. KF 7250.W45 1992—Law North
Operational Law Handbooks. International and Operational Law Department, JAG School, U.S. Army, Charlottesville, VA. Available online at http://www.loc.gov/rr/frd/Military_Law/operational-law-handbooks.html
Australia
Land Warfare Doctrine—Annex D: Law of Armed Conflict: available online at http://www.defence.org.cn/aspnet/vip-usa/UploadFiles/2008-05/annexD.pdf
Canada
Department of National Defence—Office of the Judge Advocate General: Law of Armed Conflict Manual available online at http://www.forces.gc.ca/jag/publications/Training-formation/LOAC-DDCA_2004-eng.pdf
UK
The Manual of the Law of Armed Conflict. Great Britain-Ministry of Defence. Oxford: Oxford Univ. Press, 2004. Available through OhioLINK.
Additional information available online at: http://www.mod.uk/DefenceInternet/AboutDefence/CorporatePublications/LegalPublications/LawOfArmedConflict/
Foreign Law: Researching the law of war frequently requires the ability to find foreign law from a variety of jurisdictions. Some sources to help you get started include:
Constitutions of the Countries of the World. Dobbs Ferry, N.Y.: Oceana, 1971-. K 3157.A2 B58—Law North
Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World. Reynolds and Flores. Littleton, CO: Fred B. Rothman, 1989-. K 38.R49 1989—Law Reference
Also available online at: http://www.foreignlawguide.com/ip/
Germain’s Transnational Law Research: A Guide for Attorneys. Claire M. Germain. Ardsley-on-Hudson, NY: Transnational Juris Publications, 1991. K 85.G47 1991—Law Reference
GlobaLex: A wide variety of research guides on the laws of individual countries, as well as guides on international and comparative law. Available through the NYU School of Law at http://www.nyulawglobal.org/globalex/index.html
Global Legal Information Network (GLIN): Public database of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations. Some full-text availability; documents in English and other languages. Available at http://www.glin.gov/
WashLaw Foreign and International Web: Provides links to primary foreign and international legal resources, organized by subject, author, and country. Available through the Washburn University School of Law at http://www.washlaw.edu/forint/index.html
When using the Internet for research, be sure to carefully evaluate the websites you are using to determine how authoritative they are and any potential bias they may have on the topic you are researching.
Air War College—Military Law and Legal Links: Topically organized links to many military law subjects, including the law of war, war crimes, and much more.
http://www.au.af.mil/au/awc/awcgate/awc-law.htm
American University Washington College of Law—War Crimes Research Office: Information about various war crimes courts and tribunals, with research links organized by topic and by country
http://www.wcl.american.edu/warcrimes/
The Center on Law and Security: Sponsored by the New York University School of Law, this center is “committed to promoting an informed understanding of the legal and security issues defining the post 9/11 era.” Website contains a variety of publications, including the “Rule of Law Series” and the “Terrorist Trial Report Card.”
http://www.lawandsecurity.org/index.cfm
Columbia International Affairs Online (CIAO): Database available through the library’s Subscription Services page, produced by Columbia University; publishes a variety of scholarship on international affairs, including working papers, conference proceedings, books, journals, and policy briefs.
Congressional Research Service (CRS) Reports: Collection of reports by CRS, a congressional support agency, which primarily address national security and foreign policy issues.
Crimes of War Project: Non-profit organization dedicated to education and awareness of international humanitarian law and the laws of war; website includes a topically organized bibliography and links to other resources.
http://www.crimesofwar.org/index.html
Electronic Information System for International Law (EISIL): Electronic portal provided by the American Society of International Law. Links to primary and secondary sources organized topically.
Hieros Gamos—The Law of War and Peace: Topically organized directory of links to web sites dealing with legal issues related to war and peace.
Institute for National Security and Counterterrorism (INSCT): Sponsored by Syracuse University, this institute is a “multidisciplinary, university-based center for the study of national and international security and terrorism. Website includes some publications and links to other security-related organizations.
International Committee of the Red Cross (ICRC): International organization ensuring humanitarian protection and assistance for victims of war and armed violence; site has a great deal of information on humanitarian law, including treaties and customary law.
International Humanitarian Law Research Initiative: Website produced through the Harvard University School of Public Health; contains an E-Library with links to many online documents, including judicial decisions, legal instruments, news, reports and analysis, and more. Library is searchable by date, region, or keyword.
LLMC Digital: Database available through the library’s Subscription Services page. Contains digitized document collections of U.S., foreign, and international law, as well as a subject collection of military law materials.
http://ets.umdl.umich.edu/cgi/t/text/text-idx?g=llmc;tpl=home.tpl;c=usfexec
Military Legal Resources: Resource page provided by the Library of Congress, including links to historical manuals, regulations, monographs, and periodicals.
http://www.loc.gov/rr/frd/Military_Law/military-legal-resources-home.html
Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group (IWG): Maintained by the National Archives; the IWG locates, identifies, and recommends for declassification U.S. government records concerning World War II crimes.
Stockholm International Peace Research Institute (SIPRI): Institute that conducts research on questions of conflict and cooperation of importance for international peace and security. Website includes links to research, publications, and databases, including Facts on International Relations and Security Trends (FIRST), a country profiles database with 38 different tables.
World Legal Information Institute (WorldLII): Free access to worldwide law; information organized by country, region, and subject (including human rights, international law, and military law)
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