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The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf

Law and Contemporary Problems

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner

Law and Contemporary Problems

One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.

International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni

Law and Contemporary Problems

There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.

Introduction, M. Cherif Bassiouni

Law and Contemporary Problems

Efforts to work against the practice of impunity for major international crimes and violations of fundamental human rights and to develop international guidelines against the practice are discussed.

Purging The Past: The Current State Of Lustration Laws In The Former Communist Bloc, Mark S. Ellis

Law and Contemporary Problems

Lustration laws are used in the nations of the former communist bloc to determine whether suspected individuals collaborated with the former state security service. An overview is presented of the current status of such laws.

International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris

Law and Contemporary Problems

Reasons for a consistent pattern of compromise when it comes to impunity for international crimes and human rights violations are discussed. Guidelines are presented for facilitating accountability for these crimes.

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Law and Contemporary Problems

The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.

Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman

Law and Contemporary Problems

The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Law and Contemporary Problems

Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.

Occupation Of The Womb: Forced Impregnation As Genocide, Siobhan K. Fisher

Duke Law Journal

No abstract provided.

The United Nations Role In The Future Of Human Freedoms, Emilio J. Cárdenas

University of Miami Inter-American Law Review

No abstract provided.

Wisdom Across The Atlantic: North America And The European Experience, Paul S. Kibel

Publications

No abstract provided.

The Cry Of The Children, Gerald Abraham

Villanova Law Review

No abstract provided.

Human Rights And Community Development Through Low-Income Women's Leadership: The Voice Of An African-American Organizer, Claudine Michel

William Monroe Trotter Institute Publications

In this essay, I argue that grassroots organizing appears as one of the most viable option worldwide until women are better protected through legislation and public policy. I also posit that it is important to learn from divergent leadership philosophies, from the different values, roles and styles that women adopt in various parts of the world in the course of their day-to-day activities and in their efforts to organize, to support current community programs, and to train future community leaders. This essay relates the experiences of a grassroots organizer and presents what I believe to be a successful model of …

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.

The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike

Vanderbilt Journal of Transnational Law

In recent years, U.S. tobacco manufacturers have responded to declining domestic consumption by aggressively promoting their products in Asia and other foreign markets. Their efforts have resulted in increased tobacco use and increased health risks in Asia. This Note discusses the legal implications of U.S. tobacco marketing in Asia, particularly the disadvantages faced by Asians who might wish to challenge U.S. tobacco manufacturers in court. The author first describes tobacco promotion In Asia and the limited potential for recovery against U.S. tobacco companies by Asian plaintiffs in their domestic courts. The Note then contrasts the limitations Asian plaintiffs face in …

The World Bank, The Imf, And Human Rights, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.

Indian Religious Freedom: Recognized/Denied, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."

The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …

The Ideology Of Human Rights, Makau Wa Mutua

Journal Articles

This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human …

Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.

Women In Iran: Obstacles To Human Rights And Possible Solutions, Alison E. Graves

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Human Rights Groups Face New Challenges In South Africa, Geoff Budlender

Human Rights Brief

No abstract provided.

Constitutionalism In The Global Era, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

A Special Forces Human Rights Policy, Jeffrey F. Addicott

Faculty Articles

The use of the United States military to promote human rights values in foreign militaries has taken on a much added significance in the post-Cold War era. Emerging democracies often look to American soldiers to assist them in establishing a law-based military whose policies, rules, and practices are rooted in respect for human rights.

Major General Kenneth Bowra, United States Army Special Forces Command (Airborne) (USASFC(A)), has made the promotion of human rights in the militaries of the emerging democracies a top priority for the Army Special Forces. With regard to America’s desire to inculcate human rights values in friendly …

The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner

Kentucky Law Journal

No abstract provided.

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Journal Articles

Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.

The United Nations At Fifty: Sovereignty, Peacekeeping, And Human Right, E.G.H.

Case Western Reserve Journal of International Law

No abstract provided.

Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol

UF Law Faculty Publications

Beijing, China. Tuesday, September 5, 1995. Beijing International Conference Center (BICC). The afternoon plenary of the United Nations Fourth World Conference on Women: Equality, Peace, Development is about to start in a hall too small to seat everyone who wants to be there. Other than places for some of the delegates from each attending State, space is limited and in high demand. A lucky few lined up for hours to get a ticket; many ended up negotiating prime space in front of one of several TV screens strategically located throughout the building. A hushed silence fell in the hall and …

Peace-Building, John Linarelli

Scholarly Works

No abstract provided.