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Atrocity Crimes Litigation During 2009 , David Scheffer Jan 2010

Atrocity Crimes Litigation During 2009 , David Scheffer

Northwestern Journal of Human Rights

No abstract provided.


Revoking Citizenship In The Name Of Counterterrorism: The Citizenship Review Commission Violates Human Rights In Bosnia And Herzegovina, Stephanie Zosak Jan 2010

Revoking Citizenship In The Name Of Counterterrorism: The Citizenship Review Commission Violates Human Rights In Bosnia And Herzegovina, Stephanie Zosak

Northwestern Journal of Human Rights

In 2005, the government of Bosnia and Herzegovina passed a series of amendments to its citizenship law. The amendments affected the mandate of the Citizenship Review Commission (CRC), which was a body originally established to review naturalizations. Since the amendments took effect, and in response to international pressure to combat terrorism, the CRC has concentrated on reviewing the citizenship status of former who entered Bosnia and Herzegovina to fight alongside the Muslim Bosniaks in the 1992-1995 war that followed the country's declaration of independence from Yugoslavia. The CRC has revoked the citizenship of hundreds of former and has commenced deportation …


Can African States Conduct Free And Fair Presidential Elections?, Edwin Odhiambo Abuya Jan 2010

Can African States Conduct Free And Fair Presidential Elections?, Edwin Odhiambo Abuya

Northwestern Journal of Human Rights

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State Obligations Regarding Domestic Violence: The European Court Of Human Rights, Due Diligence, And International Legal Minimums Of Protection, Lee Hasselbacher Jan 2010

State Obligations Regarding Domestic Violence: The European Court Of Human Rights, Due Diligence, And International Legal Minimums Of Protection, Lee Hasselbacher

Northwestern Journal of Human Rights

Over the last two decades, international human rights instruments, decisions, and dedicated advocates have advanced the understanding of domestic violence. Once considered a private act committed with widespread impunity, domestic violence is now viewed as a human rights violation that states have a responsibility to address. This article will trace the history of this progression and the emergence of a "due diligence" standard to assess a state's response to domestic violence. The first half of the article will examine the recognition of the due diligence standard as a rule of customary international law with increasingly defined state obligations. The second …


Left Out By The Pied Piper: The U.N. Response To Children In Localized Conflict Settings, Mukul Saxena Jan 2010

Left Out By The Pied Piper: The U.N. Response To Children In Localized Conflict Settings, Mukul Saxena

Northwestern Journal of Human Rights

States have been reluctant to define and address child participation in internal secessionist movements. Unlike past civil wars, in which the international community was authorized to intervene in armed conflicts within failed states, the current conflicts occur in states that adhere to democratic rule of law. Further, these modern-day conflicts are not labeled as "armed conflicts." Continued advocacy is necessary to encourage international organizations to utilize the approaches applied to child participation in armed conflicts to child participation in localized secessionist movements. This must include urging states to enact domestic legislation to protect child participants in the conflicts.


Prosecuting Atrocity Crimes In National Courts: Looking Back On 2009 In Bosnia And Herzegovina , David Schwendiman Jan 2010

Prosecuting Atrocity Crimes In National Courts: Looking Back On 2009 In Bosnia And Herzegovina , David Schwendiman

Northwestern Journal of Human Rights

No abstract provided.


Water Scarcity And The Recognition Of The Human Right To Safe Freshwater, Elliot Curry Jan 2010

Water Scarcity And The Recognition Of The Human Right To Safe Freshwater, Elliot Curry

Northwestern Journal of Human Rights

Millions of people die each year from water scarcity, and with a growing population, escalating climate change, deteriorating and non-existent sanitation networks, and continuing industrial pollution, the effects of water scarcity are predicted to intensify. Although water scarcity fails to register outside scientific fora, it is potentially mankind's greatest challenge. But, there is hope: improving sanitation networks, reducing pollution and instilling aggressive conservation tactics would allay the majority of the scarcity concerns. The first, most productive step toward realizing any of these goals is for the United Nations to formally recognize a human right to clean freshwater - essentially a …


A Review Of The Jurisprudence Of The Khmer Rouge Tribunal, Anees Ahmed, Robert Petit Jan 2010

A Review Of The Jurisprudence Of The Khmer Rouge Tribunal, Anees Ahmed, Robert Petit

Northwestern Journal of Human Rights

This article reviews the jurisprudence of the Extraordinary Chambers in the Court of Cambodiafor the Prosecution of Crimes Committed During the Period ofDemocratic Kampuchea, which was established in 2006 to try the leaders of the Khmer Rouge.This paper outlines some of the key features of this truly "extraordinary" court and then analyzes the salient aspects of its emerging jurisprudence. Because the Court uses both national and international law, the Court's decisions offer a complex perspective on the nature and challenges of international criminal tribunals. The article discusses the unique features of the ECCC's co-counsel, investigators, victim participation, detention, fitness requirements, …


Atrocity Crimes Litigation: Some Human Rights Concerns Occasioned By Selected 2009 Case Law, Göran Sluiter Jan 2010

Atrocity Crimes Litigation: Some Human Rights Concerns Occasioned By Selected 2009 Case Law, Göran Sluiter

Northwestern Journal of Human Rights

No abstract provided.


Civil Party Representation At The Eccc: Sounding The Retreat In International Criminal Law? , Alain Werner, Daniella Rudy Jan 2010

Civil Party Representation At The Eccc: Sounding The Retreat In International Criminal Law? , Alain Werner, Daniella Rudy

Northwestern Journal of Human Rights

No abstract provided.


Atrocity Crimes Litigation: Year-In-Review (2009) Conference Abridged Transcript , David Scheffer Jan 2010

Atrocity Crimes Litigation: Year-In-Review (2009) Conference Abridged Transcript , David Scheffer

Northwestern Journal of Human Rights

No abstract provided.


Children Left Behind Bars: Sullivan, Graham, And Juvenile Life Without Parole Sentences, Tera Agyepong Jan 2010

Children Left Behind Bars: Sullivan, Graham, And Juvenile Life Without Parole Sentences, Tera Agyepong

Northwestern Journal of Human Rights

The practice of sentencing children to life in prison without parole is not only a misguided violation the standards of decency in U.S. law, but also a violation of international human rights law as well. The Supreme Court had the opportunity to eradicate the practice of sentencing children to LWOP when it heard the cases of and . However, the Court ruled that LWOP sentences would only be prohibited in cases where children committed non-homicide offenses. The Supreme Court should have categorically banned juvenile LWOP because it violates both domestic and international human rights law and has a disparate impact …


Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt Jan 2010

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt

Northwestern Journal of Human Rights

The emerging international human rights norm of "defamation of religion," an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …


Rights As Footprints: A New Metaphor For Contemporary Human Rights Practice, Katharine Young, Jeremy Perelman Jan 2010

Rights As Footprints: A New Metaphor For Contemporary Human Rights Practice, Katharine Young, Jeremy Perelman

Northwestern Journal of Human Rights

As the discourse of human rights becomes ever more widespread, the analysis of contemporary human rights practice must contend with its pluralistic and contradictory features. In this Article, we introduce the metaphor of rights as "footprints." We suggest that this metaphor captures the expressive and constitutive role of rights, and provides a critical tool with which to understand the accomplishments of the human rights field. In doing so, we document a right-to-health campaign in Accra, Ghana, which sought to end the human rights infringements that arose from the financing of health care through user fees. These infringements occurred when public …