Just War Theories: Western and Eastern Philosophical Foundations

By Marco D. Palumbo

Marco Palumbo is graduating 3L at Albany Law School, Class of 2026. Prior to law school, Marco graduated Summa Cum Laude from University at Albany with a bachelor’s degree in political science and a minor in philosophy.

Marco is also a board member of the law school's club hockey team. Last year, he completed a field placement with the New York State Department of Veterans' Services.

After the bar exam, Marco plans on practicing in the Albany area at RoseWaldorf PLLC.

During the early stages of civilization, commonly devoid of philosophical and political theories, the resort to violence and warfare was not commonly supported by articulated moral principles or systematic logical reasoning. Instead, conflict functioned primarily as a means of survival within harsh and unforgiving environments, where strength and dominance often determined access to essential resources. Only later did societies begin to develop philosophical, ethical, and legal frameworks to justify and regulate war, transforming it from a purely survival-driven activity into one increasingly shaped by normative values.

Much of Western Just War Theory is rooted in the theories of Judeo-Christian philosophers, in particular those of St. Augustine and Thomas Aquinas. However, philosophical traditions in the East—many of which predate Christianity—developed their own theories concerning the moral justification and conduct of war. Eastern perspectives find some of their philosophical foundations in the teachings of Confucianism and Hinduism.

This paper will examine jus in bello principles developed in Western thought and compare those with Eastern perspectives.

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To read the paper, open HERE.

The Security Council’s Veto Power

Irrelevance by Inaction at the United Nations

By Connor Weingarten

Connor Weingarten graduated from Albany Law School in May 2025. He is currently working as an Assistant County Attorney in the Schenectady County Attorney’s Office, representing the Department of Social Services.

During law school, Connor worked for the Schenectady County Attorney’s Office, the New York State Department of Labor, and in the office of New York State Senator Kristen Gonzalez.

The creators of the United Nations Charter conceived that five countries—China, France, the Union of Soviet Socialist Republics (USSR) [which was succeeded in 1990 by the Russian Federation], the United Kingdom and the United States—because of their key roles in the establishment of the United Nations, would continue to play important roles in the maintenance of international peace and security.

These nations were granted the special status of Permanent Member States at the Security Council, along with a special voting power known as the “right to veto.” It was agreed by the drafters that if any one of the five permanent members cast a negative vote in the 15-member Security Council, the resolution or decision would not be approved.

However, this power has ultimately made the Council powerless. The Council’s standard operating procedure has been inaction, allowing the Permanent Member States to strike down any attempts at intervention which aimed to prevent human suffering and violations of international law across the globe.

This paper explores that inaction, and how without reform, the Council is on the brink of irrelevance.

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To read the paper, open HERE.

Ante “Genocide:” Atrocities Before the Word

By Michael Gerth

Michael Gerth is a 2025 graduate of Albany Law School. Prior to attending Albany Law, Michael earned a bachelor’s degree in criminal justice with a minor in music from Elmira College. During undergrad, Michael also became a member of the Alpha Phi Sigma National Honor Society for criminal justice majors.
Upon graduating law school, Michael accepted a position as an associate for Spence Curnalia PLLC in Chenango County and is actively working toward becoming an ADA. In his free time, Michael enjoys reading, gaming, and spending time with his cat named Duck.

Raphael Lemkin first used the term “Genocide” in 1944 to describe the Holocaust. To many, the Holocaust was the first of its kind, a great atrocity worthy of its own word. Since then, the United Nations has defined “Genocide” as a crime against humanity and has worked to define what acts constitute a genocide. This paper examines several pre-Holocaust atrocities and compares each to the United Nations definition of genocide to determine whether, in a modern view, such atrocities constitute forms of genocide.
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To read the paper, open HERE.

Universal Jurisdiction in Practice: Law, Politics, and the Limits of Global Accountability

By Lauren R. Gardner

Lauren Gardner graduated from Albany Law School in May 2025, where she was inducted into the Order of the Barristers and served as Vice President of the Immigration Law Society.

During law school, Lauren represented clients in the Immigration Law Clinic and volunteered with the Legal Aid Society of Northeastern New York, gaining experience advocating for individuals who are navigating complex legal and humanitarian challenges. She has been recognized for her advocacy skills as winner of the Donna Jo Morse Client Counseling Competition and finalist at the ABA Regional Client Counseling Competition.

Lauren's professional interests focus on public interest law, advocacy, and advancing the rights of vulnerable populations. 

This paper explores the evolving principle of universal jurisdiction and its role in addressing crimes that shock the conscience of humanity. As an exception to state sovereignty, universal jurisdiction empowers national courts to prosecute perpetrators of genocide, war crimes, crimes against humanity, and torture, regardless of where such crimes occur or the nationality of those involved. While theoretically a powerful tool for global justice, its practical application has been rare and fraught with political, legal, and logistical obstacles. State sovereignty, diplomatic concerns, cultural relativism, uneven domestic legislation, and the high resource demands of transnational prosecutions limit its effectiveness and contribute to an “accountability gap.” 

Through historical and contemporary case studies—including piracy prosecutions, the Nuremberg Trials, Israel’s prosecution of Adolf Eichmann, Spain’s Guatemalan genocide litigation, and U.S. cases such as United States v. Chuckie Taylor Jr.—the paper evaluates how national courts have attempted to wield universal jurisdiction. These examples illustrate both the potential for justice and the risks of perceived overreach or political misuse.

The analysis also considers international treaties, customary international law, and scholarly debates that question whether universal jurisdiction represents legitimate global enforcement or the imposition of one state’s norms upon another. The paper concludes that universal jurisdiction remains underdeveloped but not untenable.

With clearer international consensus, harmonized definitions of prosecutable crimes, and mechanisms to prevent abuse while respecting sovereignty, the principle could become a more effective instrument against impunity. Strengthening its framework is essential to ensure that perpetrators of mass atrocities are held accountable when their own states fail to act.

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To read the paper, open HERE.

International Law Studies Staff, 2025 - 2026

Director

Vincent M. Bonventre 

Student Editorial Board, 2025 - 2026
Editor-in-Chief

Alexa Reilly is a third-year student at Albany Law School. Prior to attending Albany Law, Alexa graduated Magna Cum Laude from Siena College with a bachelor’s degree in Political Science. She then went on to serve on Active Duty as a Field Artillery Officer in the U.S. Army.

Alexa is a board member of the Albany Law School Veterans’ Pro Bono Project and served as a Teaching Assistant for the Introduction to Lawyering Class. Last year, she completed a field placement with the New York State Department of Veterans’ Services. She has also interned with the New York State Assembly for two semesters and O’Connor, O’Connor, Bresee, & First, P.C., a law firm specializing in litigation and defense.

Executive Editor

Tanner Froats is a third year student at Albany Law School. He graduated from the University at Albany, where he majored in Business Administration.

Tanner is this year's Executive Editor for Research & Business for the Albany Law Review, and is clerking at O'Connell and Aronowitz, P.C. Previously, he was an intern at the Albany County District Attorney's Office.

In his free time, Tanner is the Match Secretary for the law school's Rugby Club.

Executive Editor

Brianna Nagengast-McHale is a third-year student at Albany Law. Prior to attending law school, Brianna graduated Cum Laude from Siena College in 2023, as a participant of the 3+3 Law school program, with a bachelor's degree in psychology and double minor in Criminal Justice and Spanish.

After her first year of law school, Brianna began a summer internship with the Albany County District Attorney’s Office. She remained there for the following year in the Field Placement program. 

With a sole interest in litigation, Brianna branched into civil litigation as a Summer Law Clerk at Conway, Donovan, and Manley, PLLC.

In her free time, Brianna enjoys bartending at a local golf course and trying new coffee shops.

Executive Editor

Sophie Nye is a second-year law student at Albany Law School.  She received her Bachelor of Arts degree from Boston University in Political Science with a minor in Journalism. While at Boston University she studied abroad in Geneva, Switzerland, where she studied global governance, economic development, and human rights.

During her 1L summer, Sophie worked as a Legal Fellow at the Offices of the New York State Inspector General. She looks forward to continuing to develop her legal skills as a Summer Associate at Barclay Damon next summer.

Sophie is currently serving as Executive Vice President of the Student Bar Association, and she is a Subeditor for Vol. 89 of the Albany Law Review.

In her free time, Sophie enjoys figure skating, traveling, and hiking in the Adirondacks.

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For previous years' boards, click HERE.