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Human Rights Without Borders, Christian Gonzalez Chacon

Northwestern Journal of Human Rights

In the current global context, millions of people are forced to migrate

yearly for reasons ranging from persecution and violence, internal armed

conflicts, and forced displacement, to lack of employment and climate

change. In the Americas, we recently witnessed the phenomenon of the

“migrant caravans,” where thousands of people, mostly from the Northern

Triangle of Central America—El Salvador, Honduras, and Guatemala—

were willing to walk hundreds of miles to enter the U.S.-Mexico border to

escape poverty and violence in their countries. Another caravan of close to

10,000 migrants from the Northern Triangle of Central America including

Guatemala, El Salvador and …

The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo

Northwestern Journal of Human Rights

This Article argues that persecution based on sexual

orientation constitutes a crime against humanity under international law.

Unlike other scholarship that has focused on the definition of crimes against

humanity in the 1998 Rome Statute for the International Criminal Court—

which does not explicitly enumerate “sexual orientation” as a protected

classification—this Article looks to customary international law made up by

the practices of states.

Diligent research has revealed that between 1998 and 2022, at least 107

states enacted laws or revised existing laws decriminalizing sexual

orientation and/or categorizing sexual orientation as a protected

classification from discrimination. This is in addition …

Slapp Suits: An Encroachment On Human Rights Of A Global Proportion And What Can Be Done About It, Laura Lee Prather

Northwestern Journal of Human Rights

Freedom of expression is the underpinning of all other freedoms. Yet, increasingly, journalists, citizens, advocacy groups, whistleblowers, academics, and media organizations are being targeted and subjected to judicial harassment for informing the public about matters of public concern, denouncing authoritarian regimes, and exposing wrongdoing. These meritless lawsuits do not seek to right a wrong, but rather to silence and intimidate critics. They are known as “Strategic Lawsuits Against Public Participation” (“SLAPP” suits) and are on the rise globally. Because SLAPP suits are designed to inhibit ongoing investigations, stifle informed public debate, and prevent legitimate public interest reporting, they present a …

The Rejection Of The Anti-Corruption Principle And Its Effect On Human Rights At Home, Juliet S. Sorensen

Northwestern Journal of Human Rights

21st century scholarship analyzing the Framers’ treatment of corruption asserts that their incorporation of anti-corruption means in the Constitution should be interpreted as a framework to inform contemporary judicial review and jurisprudence. Led by Zephyr Teachout’s article “The Anti-Corruption Principle,” this school of thought asserts that the anti-corruption principle should be on par with separation of powers and freedom of expression, a guiding lodestar in interpreting the Constitution.

This article submits that the anti-corruption principle of constitutional interpretation is, in fact, a rights-based approach to corruption, equating freedom from corruption with the other rights and liberties enshrined in the Constitution. …

Promises And Pitfalls In Un Regulation Of Judicial Independence, Martha Kiela

Northwestern Journal of Human Rights

This article investigates the current mechanisms and power of the UN to ensure judicial independence in the UN Member States. First, it surveys the UN bodies which play a role in creating international regulations for judicial independence and monitoring Member States’ compliance with them. Second, it analyzes the responses of these bodies to challenges to judicial independence by conducting case studies of Venezuela and Poland, and how these actions compare to those of other international organizations and tribunals. The central questions it seeks to answer are which mechanisms of review and enforcement have so far been the most effective in …

Improving Recommendations From The Un's Universal Periodic Review: A Case Study On Domestic Abuse In The Uk, Alice Storey

Pace International Law Review

Hailed as an international human rights innovation, the UN Human Rights Council’s Universal Periodic Review (“UPR”) is a peer-review mechanism that assesses the protection and promotion of human rights in all 193 UN Member States, including intergovernmental and civil society input. Importantly, within the UPR, other Member States provide recommendations to each state under review on how it can improve human rights on the ground. States can decide to accept or note recommendations and should then go on to implement those that are accepted. The recommendations are a fundamental part of the UPR process, yet they are not always formulated …

International Agreements Shaping Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.

Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman

Refugee Law & Migration Studies Brief

Immigration scams targeting non-citizens can have devastating impacts on an individual's status and ability to remain in the United States legally. The phenomenon of notario fraud occurs when an individual misrepresents themself as a notario publico in an effort to defraud immigrants seeking legal services. In Spanish-speaking countries, a notario publico is a highly trained legal professional, akin to an attorney, who provides legal advice and drafts legal documents. The term is a false cognate. The English equivalent, a notary, is an individual with narrow witnessing duties and much less discretion. Problems arise when individuals obtain a notary public license …

Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja

Refugee Law & Migration Studies Brief

First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …

Two Countries In Crisis: Man Camps And The Nightmare Of Non-Indigenous Criminal Jurisdiction In The United States And Canada, Justin E. Brooks

Vanderbilt Journal of Transnational Law

Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the jurisdiction to prosecute violent crimes committed by non-Indigenous offenders against Indigenous victims on Indigenous land. Extractive industries—businesses that establish natural resource extraction projects—aggravate the problem by establishing temporary housing for large numbers of non-Indigenous, primarily male workers on or around Indigenous land (“man camps”). Violent crimes against Indigenous …

Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher

Northwestern Journal of Law & Social Policy

In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …

Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza

American University National Security Law Brief

When Russian tanks rolled across the border into Ukraine during the early morning of February 24, 2022, most in the American defense and diplomatic establishment were shocked and sure the war would be over in a few days. Credible open-source tactical and strategic analysis predicted that Ukraine’s regular military forces would be defeated in “days or weeks” as long as Russian military forces were determined to pursue their objectives. The United States Government was so sure that Kyiv was under imminent threat of capture that they offered to evacuate President Volodymyr Zelenskyy so that he could rule from exile, rather …

Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden

American University International Law Review

Kyi sat on the banks of the Inya Lake, saying goodbye to the place they said was no longer her home. The government of Myanmar had given her an option: leave or be arrested. She felt lucky to leave; most activists she knew did not get a warning first. A few kilometers away, her parents’ graves sat cleaned, adorned with fresh flowers. She hoped her sister would keep up the task in her absence, but she hadn’t been able to get ahold of her in quite some time. The feeling of the country was getting more concerned—"frantic" she explained, laughing, …

The Forgotten Sexual And Gender-Based Violence Of The Vietnam-American War: Is Justice Too Late For Vietnamese Victims And Survivors?, Madison P. Bingle

Human Rights Brief

“The past, far from disappearing or lying down and being quiet, has an embarrassing and persistent way of returning and haunting us unless it has in fact been dealt with adequately.” —Desmond Tutu

The Vietnam-American War ended nearly fifty years ago. However, the atrocities committed during the war have had a devasting impact on the lives of persons involved long after the conflicts’ end. A particularly marginalized group within survivors and victims of the Vietnam-American War is Vietnamese women who experienced sexual and gender-based violence. And given the specific tactics of warfare employed during this war, including the use of …

The International Criminal Court’S Arbitrary Exercise Of Its Duties Under The Rome Statute To The Benefit Of Western Global Supremacy, Azadeh Shahshahani, Sofia Veronica Montez

Human Rights Brief

The International Criminal Court (ICC) is a constituent institution of the United Nations (UN) that investigates and prosecutes perpetrators of genocide, war crimes, crimes against humanity, and the crime of aggression. Established in 1998 by the Rome Statute, the ICC may open an investigation through referrals by state parties to the Statute; referrals by the UN Security Council; or the prosecutor’s own initiative. Additionally, non-party states may extend qualified jurisdiction to the ICC to prosecute cases within their territories, setting the scope of investigations and prosecutions as well as the dates they shall encompass.

The Rome Statute assigns various other …

A Double Standard In Refugee Response: Contrasting The Treatment Of Syrian Refugees With Ukrainian Refugees, Deanna Alsbeti

Human Rights Brief

The unrelenting proliferation of international crises marks the twenty-first century with mass global displacement. In 2011, the world witnessed the Arab Spring, a series of anti-government protests that led to the Syrian Civil War and injected more than 13.5 million displaced Syrians into the global system. Today, twelve years later, the international system still struggles to accommodate and protect Syrians who cannot return to their homeland. In addition to the dire Syrian refugee crisis, and other refugee crises throughout the globe, the recent Russian invasion of Ukraine added approximately 7.5 million Ukrainian refugees to the world’s already stressed humanitarian system.

Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo

Human Rights Brief

On Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event.

Principles On Effective Investigative Interviews: A New Instrument Of International Law, Juan E. Mendez, Matthew Ilsley

Human Rights Brief

International law absolutely prohibits torture and ill-treatment, yet such abuses remain prevalent and widespread. It most frequently occurs in the questioning of individuals by law enforcement, intelligence officials, and military personnel in the context of “fighting crime,” obtaining confessions, controlling detainees, and “counterterrorism.” The “Torture Memorandums,” exemplifying the deeply misguided practices used in the global fight against terror following the attacks of September 11, 2001, illuminated the pervasiveness of these practices.

Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner

Human Rights Brief

In 2021, the women’s rights non-governmental organization (“NGO”), Equality Now, filed a lawsuit alongside other organizations1 challenging Mali’s failure to outlaw the practice of female genital mutilation (“FGM”). FGM involves the partial or total removal of the external female genitalia or other injury to female genital organs for non-medical purposes. The practice of FGM traces back to an ancient ritual, however, current research reveals that it causes serious health problems. The case brought by these NGOs has the potential to create binding precedent against the practice of FGM across all the African States.

Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza

Human Rights Brief

Contrary to international human rights standards, laws that criminalize disorderly and disruptive behavior in schools neglect the needs of students with disabilities. These laws lead to the exclusion of students with disabilities from educational settings and are applied unfairly against them. This Article will first look at state statutes and school policies that grant broad discretion in determining when and how to exclude students from learning opportunities through suspensions, expulsions, and referrals to law enforcement1. Understanding the use of these statutes against students within the context of the data on school discipline rates for students with disabilities shows the disproportionate …

Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov

Human Rights Brief

On January 31, 2020, Nikolay Sergeyevich Glukhin lodged a complaint to the European Court of Human Rights (ECtHR) arguing that the Russian government violated his right to respect for private life (Article 8) and freedom of expression (Article 10) under the European Convention on Human Rights (ECHR). Glukhin held a banner in metro station of Moscow to protest the detention and criminal proceedings against a political activist. Using CCTV cameras and videos taken by a passersby on an app called Telegram, the police managed to identify and arrest Glukhin. It investigated CCTV cameras installed in other stations for further inquiry …

Former Peruvian President Fujimori's Forced Sterilization Program Faces Prosecution 26 Years Later, Taylor Potenziano

Human Rights Brief

In 1996, the Peruvian government under President Alberto Fujimori launched the National Reproductive Health and Family Planning Program (PNSRPF). While the government pitched the program as a way to promote access to family planning for low-income families and a way for women to be “masters of their own destiny,” the PNSRPF functioned as a forced sterilization program. From 1996 to 2001, 272,028 people were forcibly sterilized, the majority of them impoverished indigenous women from rural areas.

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

Defending Henrietta Lacks: Justification Of Ownership Rights In Separated Human Body Parts, Arseny Shevelev, Georgy Shevelev

Vanderbilt Journal of Transnational Law

Since the time of Moore v. Regents of the University of California, it has become a well-established and widespread view that a person, when their separated body parts are misappropriated, is forced to limit themselves to fiduciary and other non-proprietary claims against those who violate the bodily inviolability of their separated parts. Now, with the filing of a lawsuit in defense of the rights in body parts of the victim of racial discrimination, Henrietta Lacks, the judicial system has an opportunity to justify itself by adopting a different perception of rights in human body parts. This Article focuses on the …

Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman

Global Business Law Review

This Note argues that the United States courts have jurisdiction to consider corporate liability for international law violations of human rights under the reasoning of the Supreme Court of Canada, in Nevsun Resources Ltd. v. Araya. The United States Supreme Court has escaped holding such liability exists, but Canada has outlined how countries, such as the United States, no longer can avoid holding corporations liable under customary international law. Corporate liability for human rights violations committed abroad is a cutting-edge issue. The United States Supreme Court has considered the issue before, but the Court used different analyses and was …

History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert

Immigration and Human Rights Law Review

For two decades the United States and its allies fought against the Taliban in Afghanistan. After the U.S. withdrawal from Afghanistan in late 2021, the Taliban has once again claimed the power of the country. The Taliban has already begun to implement restrictions that deny Afghan women their human rights. This article will outline the Taliban’s disregard for the International Bill of Human Rights, analyzing the Taliban’s observance of human rights before the U.S. invasion in 2001, post- U.S. withdrawal expressions by the Taliban in 2021, and post-U.S. withdrawal actions in 2021. Finally, this article will analyze different actions available …

Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito

Journal of Race, Gender, and Ethnicity

No abstract provided.

Data Transfers After Schrems Ii: The Eu-Us Disagreements Over Data Privacy And National Security, Monika Zalnieriute

Vanderbilt Journal of Transnational Law

In the long-awaited Schrems II decision, the Court of Justice of the European Union (CJEU) took a radical, although not an unexpected, step in invalidating the Privacy Shield Agreement, which facilitated data transfers between the European Union and the United States. Schrems II illuminates long-lasting international disagreements between the EU and the United States over data protection, national security, and the fundamental differences between the public and private approaches to the protection of human rights in the data-driven economy and modern state. This Article approaches the decision via an interdisciplinary lens of international law and international relations and situates it …

Sexual Violence As A Weapon Of War In Ethiopia's Tigray Region And The Developing Adjudication Of Violations Of The Protocol On The Rights Of Women In Africa, Valerie R. Cook

American University International Law Review

On November 4, 2020, a civil war broke out in the Tigray region of Ethiopia between joint Ethiopian and Eritrean military forces and the Tigray People’s Liberation Front (“TPLF”). The war is in part an ethnic conflict between the newly centralized nationalist government under Prime Minister Abiy Ahmed and the once politically dominant beneficiaries of a federalist system, the TPLF. Sexual violence as a method of war has become a hallmark of this conflict as reports of rape by Ethiopian and Eritrean soldiers against Tigrayan women have increased.

Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum

FIU Law Review

International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors. This Article disaggregates slavery from the slave trade and slavery …