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Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland

American University International Law Review

In the wake of the United States Supreme Court's devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …

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, …

Who Thinks Treaties Are Like Contracts? Not John Marshall, David P. Stewart, Diana A. A. Reisman

American University International Law Review

Courts in the United States are fond of analogizing treaties to contracts. The U.S. Supreme Court has done so on numerous occasions, as have nearly all federal circuit courts. Indeed, the treaty-as-contract trope has permeated U.S. legal discourse since at least the early 1800s when Chief Justice John Marshall wrote in Foster v. Neilson that “[a] treaty is in its nature a contract between two nations, not a legislative act.”

A Reckoning For Religious Freedom: India's Bjp And The International Implications Of Anti-Muslim Leadership, Heather Holman

American University International Law Review

Currently, the Bharatiya Janata Party (BJP) holds the majority in the Indian Parliament, where it exercises its authority by passing legislation that comports with Hindutva. Hindutva is a political ideology that champions policies intended to make India a Hindu state. Toward this end, BJP leaders use harmful rhetoric and pass legislation that harms Muslim citizens of India. However, India is a party to the International Covenant on Civil and Political Rights (ICCPR), which protects the freedom to manifest one’s religion and prevents the advocacy of religious hatred that constitutes incitement to hostility, discrimination, or violence.

This Comment argues that India …

The Gendered Face Of Climate Change: Exploring The Impact Of Climate Change On Gender-Based Violence And The Role Of State And Non-State Actors In Effecting Climate Justice, Hannah Wilson

American University International Law Review

Climate change affects men and women differently. While some individual women may be less vulnerable to climate change than some men, the global perpetuation of discrimination, inequality, patriarchal structures, and systematic barriers contribute to an overall higher risk of women experiencing harmful effects of climate change. International human rights law prohibits discrimination on the basis of gender. However, in practice, systematic discrimination, harmful stereotypes, and social, economic and political barriers related to gender can lead to varied climate change impacts with respect to health, food security, livelihoods and human mobility, and more, which may significantly limit women’s and girls’ adaptive …

The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan

American University International Law Review

In little more than twenty-five years, the field of international criminal law has grown from a small slice of public international law into a functioning system of international justice, complete with multiple juridical bodies and substantial scholarly attention. Building on the legacy of the Nuremberg Tribunals and drawing from international humanitarian law, human rights law, and domestic criminal law principles, international criminal law has become its own discipline. Creating any new field of law is a complicated endeavor; this is especially true when the field affects and is affected by so many politically sensitive issues. Throughout this doctrinal experiment, one …

Ransomware Groups On Notice: U.S. Cyber Operation Against Revil Is Permissible Under International Law, Justin Singh

American University International Law Review

The continued increase in the use of ransomware by cyber criminals has had a costly impact on businesses and organizations around the world. Ransomware groups continue to initiate attacks on businesses and organizations, and states have become increasingly concerned over the potential impact it may have on their critical infrastructure and economies. The United States’ recent acknowledgement of cyber operations against ransomware groups highlights the seriousness of the issue and exposes areas of international law that are complicated when applied to cyber operations against these groups. This Comment explores the relevant international law as it applies to the United States …

When The Race To Net Zero Becomes A Race To The Bottom: Human Rights Violations In The Renewable Energy Transition And The Extraterritorial Obligation To Protect Human Rights, Yogi Bratajaya

American University International Law Review

Recent reports published by the Intergovernmental Panel on Climate Change (IPCC) have shed light on and confirmed the extent of damages that will result if the world fails to keep global warming below 2°C. Irreversible adverse impacts on our ecosystems and the increasing frequency and intensity of natural disasters will have a significant negative effect on the enjoyment of human rights worldwide. Climate change is already affecting food security through increasing temperatures, changing precipitation patterns, and greater frequency of some extreme events. Additionally, the deteriorating conditions caused by climate change will cause millions of people to leave their homes and …

Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi

American University International Law Review

Over the last decade, steadily increasing voices are ringing the tocsin to the international community for the impact of human activities on climate and their potential consequences on human life and dignity. The Intergovernmental Panel on Climate Change (IPCC), in its recent (6th) Assessment Report, confirmed this assertion. Greenhouse gas concentrations and emissions (particularly CO2), as well as the retreat of arctic glaciers and the subsequent sea level rise causing—among other issues—the acidification of the oceanic waters, are some of the most evident human-induced implications on climate and the environment.

One Choice Is No Choice At All: Indonesia Is Violating The International Covenant On Civil And Political Rights By Requiring Political Parties To Adhere To Its National Ideology Of Pancasila, Daniel Brezina

American University International Law Review

This Comment argues that Indonesia is violating Articles 1, 18, 22, 25, and 27 of the International Covenant on Civil and Political Rights by requiring that all political parties adhere to its national ideology of Pancasila. This Comment will introduce the ideology of Pancasila and explain how Indonesia came to require political parties to adhere to the ideology. This Comment will also explain what rights the ICCPR guarantees and introduce the UN Human Rights Committee, which is tasked with monitoring signatories’ compliance with the ICCPR. This Comment will explain how Indonesia’s requirement violates several Articles of the ICCPR, including how …

Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski

American University International Law Review

A primary initiative of the Philippines’ Rodrigo Duterte’s presidency was the national campaign against drug users and criminals. During the turbulent period that was Duterte’s presidency, journalists who published dissenting views on the drug war frequently became targets of Duterte’s administration, which came in the form of frivolous charges, arrests, banning media outlets, or in some instances, murder. This Comment argues that the Philippines violated international law protections of freedom of expression as codified in Article 19 of the International Covenant on Civil and Political Rights. As a party to this treaty, the Philippines, under Duterte’s administration, unjustifiably restricted speech …

The Art Of International Law, Hilary Charlesworth

American University International Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune

American University International Law Review

I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”