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Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann

Scholarly Works

Based on the Katherine B. Fite Lecture delivered at the 5th Annual International Humanitarian Law Dialogs in Chautauqua, New York, this essay examines the role that politics has played in the evolution of international criminal justice. It first establishes the frame of the lecture series and its relation to IntLawGrrls blog, a cosponsor of the IHL Dialogs. It then discusses the career of the series' namesake, Katherine B. Fite, a State Department lawyer who helped draft the Charter of the International Military Tribunal at Nuremberg and who was, in her own words, a "political observer" of the proceedings. The essay …

From Politics To Law, To Tedium, And Back, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Access To Health Information Under International Human Rights Law, Molly Land

Molly K. Land

This article discusses whether and, if so, to what extent states are obligated under international treaty law to provide individuals, lay healthcare providers, professional healthcare providers, and policymakers with appropriate health information. The article concludes that health information is an essential component of many identified and established human rights. States party to treaties such as the International Covenant on Civil and Political Rights must provide and guarantee access to health information. Appropriate health information fosters meaningful social and political participation and ensures that individuals achieve and enjoy the rights afforded to them by international human rights law. This article provides …

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …

The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Reparations For The Uyghur Refugees Illegally Detained At Guantánamo Bay, Robin A. Lukes

Robin A. Lukes

The United States wrongfully captured a group of Uyghur refugees near the Afghanistan-Pakistan border and detained them at Guantánamo Bay. These detentions violated customary international law, conventions and treaties. The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts outline reparations required for a violation of State obligations. In order to fully repair the grave damage inflicted on the Uyghur refugees by their illegal detention, the United States must provide restitution, compensation and satisfaction, including a resettlement option in the United States for the Uyghur refugees who were held or who currently are held at Guantánamo.

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …