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Environmental Damage Is A War Crime: Analyzing The Legal Implications Of The Russian Armed Invasion's Environmental Impact On Ukraine, Iryna Rekrut
JCLC Online
As a result of the armed invasion of Ukraine by the Russian
military, Ukraine has suffered extreme environmental damage that
affects both its land and its people. This article explores the
intersection of international law and environmental protection in the
context of armed conflicts, with a specific focus on the Russian armed
invasion of Ukraine. After describing the devastation faced by
Ukraine, this article examines existing frameworks in international
law such as the Rome Statute, the Geneva Conventions, customary
international humanitarian law, and domestic law. This overview
highlights guidelines in these frameworks that render environmental
damage during war impermissible. Despite …
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Pace International Law Review
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …
Digital Terror Crimes, Cody Corliss
Digital Terror Crimes, Cody Corliss
Law Faculty Scholarship
Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.
This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …
The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo
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 …
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Faculty Publications
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …