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Law Not War: A Reflection On The Life And Work Of Benjamin B. Ferencz, 1920-2023, Patricia M. Mische

The Journal of Social Encounters

Solidarity in this essay is differentiated from collectivism, conformity, group think, herd mentality and mob action. It is defined as a mindful and empathetic choice to work in unity with others to alleviate human suffering and uphold human dignity by advancing systems of greater justice, peace, freedom, and inclusion for all. This form of solidarity is explored through the prism of one person’s life – that of Benjamin Ferencz – and how he used his experience, talents, and skills to develop and promote the international legal framework needed to address and prevent crimes against humanity. It traces his life from …

Prospects For Justice And Accountability In Syria, Alexis Staubus

Augsburg Honors Review

In recent years, the international community has closely monitored the actions of Syrian president, Bashar-al Assad. Since the outbreak of the Syrian Civil War in 2011, President Assad has continued to incite widespread violence throughout Syria by committing mass atrocities that violate international laws. There is evidence to provide proof of President Assad’s connection to his crimes and that his crimes have killed and displaced millions of Syrians. However, the legalities of indicting a head of state and the special interests between the members of the United Nations Security Council create obstacles that make prosecuting President Assad near impossible in …

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs

No abstract provided.

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White

Cultural Encounters, Conflicts, and Resolutions

The Australian government implemented a new policy in July 2013 in an attempt to more effectively address the recent spike in irregular migrants trying to reach its shores. In this paper, I examine the panic over migration in Australia concerning asylum seekers arriving by boat. The discussion is divided into two main themes. First, I look at how the Australian government is attempting to manage irregular immigration with a specific focus on the regional arrangement with Papua New Guinea. I argue that instead of mutually beneficial efforts at regional cooperation, the Australian government is merely shifting its responsibilities to a …

The Sum Of The Parts, Therese O'Donnell

Human Rights & Human Welfare

From one perspective the Middle East lends itself as a macabre mise-en-scene where the triumph of realpolitik over the legitimacies of international law can be continually re-staged. To be sure, at least two sovereign states seem to go their own way, even in the face of rampant and valid international criticism—the end of a construction freeze on illegal settlements and failures to condemn clearly illustrate this point. However, two can play at that game. The US veto of the October 2003 draft Security Council resolution declaring as illegal Israel’s construction of its security fence, beyond the 1949 Green Line and …

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Marten Zwanenburg On International Peacekeeping Edited By Boris Kondoch. Aldershot: Ashgate, 2007. 578pp., Marten Zwanenburg

Human Rights & Human Welfare

A review of:

International Peacekeeping edited by Boris Kondoch. Aldershot: Ashgate, 2007. 578pp.

Weapons Of Mass Destruction & Public International Law, Michael Donlan

New England Journal of Public Policy

The proliferation of weapons of mass destruction (WMD) into the hands of rogue dictators and terrorists has brought a sea change in strategic international relations, and is accelerating the necessity of public international law to protect humanity. Traditional balances of power have little force left to deter WMD. Major powers must seriously revamp and proactively exploit public international law, and, to that end, bolster multilateral institutions to marshal an action plan to leash this unacceptable risk. Leadership is needed on three levels: 1) promote a new mission for public international law to address WMD; 2) muster a broad-based coalition of …

Legitimacy, Justice, And The Future Of Africa, J. Peter Pham

Human Rights & Human Welfare

A review of:

Human Rights, the Rule of Law, and Development in Africa edited by Paul Tiyambe Zeleza and Philip J. McConnaughay. Philadelphia: University of Pennsylvania Press, 2004. 308 pp.

A Life In The Realm Of Rights: A Man And A Movement’S History, Tom J. Farer

Human Rights & Human Welfare

A review of:

Taking Liberties: Four Decades in the Struggle for Human Rights by Aryeh Neier. New York: PublicAffairs. 400pp.

Legal Problems Of Seabed Boundary Delimitation In The East China Sea, Ying-Jeou Ma

Maryland Series in Contemporary Asian Studies

This book is the first comprehensive study of the complex problems of boundary delimitations in the East China Sea that involves four coastal states, namely Korea, Japan, the Republic of China (ROC) and the People's Republic of China (PRC).

Transit Problems Of Three Asian Land-Locked Countries: Afghanistan, Nepal And Laos, Martin Ira Glassner

Maryland Series in Contemporary Asian Studies

No abstract provided.

Communist Chinese Attitudes Toward United Nations Membership 1945-1971 An Essay, Victoria E. Docauer

IUSTITIA

Let us here examine the question of Communist Chinese representation in the United Nations in the context of a broader question: the attitude of Communist China toward international law. Was it only United States interference which kept Communist China out of the United Nations? What is the position of Communist China in regard to international law? Has the People's Republic been the lawless nation that it is sometimes described to be? In an attempt to provide questions, one must examine those arguments which emphasize the lawlessness of Communist China and seek to determine the attitude of the Communist Chinese toward …