Law Commons^™

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention: Expectations Of The Subcommittee On The Prevention Of Torture, The National Preventative Mechanisms, And The Un Optional Protocol To The Convention Against Torture , Malcolm Evans

Human Rights Brief

No abstract provided.

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention: Health-Related Considerations , Nora Sveaass

Human Rights Brief

No abstract provided.

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention Question & Answer Session , Claudio Grossman, Malcolm Evans

Human Rights Brief

No abstract provided.

Starting From Here, Ashley R. Deeks

International Law Studies

No abstract provided.

Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic

San Diego International Law Journal

The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii

International Law Studies

No abstract provided.

The Ethics Of Torture, Rebecca Evans

Human Rights & Human Welfare

A review of:

Torture: Does It Make Us Safer? Is It Ever OK? A Human Rights Perspective. Edited by Kenneth Roth and Mindy Worden. New York: The New Press, 2005. 201 pp.

“I’M Just Talking About The Law”: Guantánamo And The Lawyers, Marten Zwanenburg

Human Rights & Human Welfare

A review of:

Guantánamo: The War on Human Rights by David Rose. New York: The New Press, 2004.

Mind The Gap: Purpose, Pain, And The Difference Between Torture And Inhuman Treatment, Christian M. De Vos

Human Rights Brief

No abstract provided.

Waterboarding Prisoners And Justifying Torture: Lessons For The U.S. From The Chilean Experience, Cristián Correa

Human Rights Brief

No abstract provided.

Treatment And Interrogation Of Detained Persons, David E. Graham

International Law Studies

No abstract provided.

Military Commissions - Kangaroo Courts?, Charles H.B. Garraway

International Law Studies

No abstract provided.

Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.

Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer

Human Rights Brief

No abstract provided.

Legal "Black Hole"? Extraterritorial State Action And International Treaty Law On Civil And Political Rights, Ralph Wilde

Michigan Journal of International Law

This Article considers the significant role that extraterritorial activity is playing in the post-9/11 foreign policy of some States and the idea that this activity somehow takes place "outside" the law or, at least, outside an arena where legal norms apply as a matter of course rather than only when and to the extent that the State involved decides these norms will apply. It begins in Section II by mapping out the extraterritorial state activities conducted since 9/11, covering activities with a personalized object-such as the military action taken in Afghanistan against Al Qaeda-and activities with a spatial (territorial) object-such …

Health Care And Professionals, Monica Fish

Human Rights & Human Welfare

One of the unfortunate truths of the current human rights regime is that it has given rise to an entirely new aid industry. Fortunate as it is that there are willing individuals eager to share their knowledge and expertise with those in need, the group of professional men and women making up the army of humanitarian workers is, perhaps, overextended and under appreciated. One way of helping the next generation of humanitarians to train and prepare for working within a context of human rights is to provide them with the sound analytical research based on research of current human rights …

Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers

Michigan Journal of International Law

Will states really live up to these obligations? Are some states, and some legal systems, better equipped to do so than others? After all, it is one thing to commit to prosecuting horrendous offenses, or to recognize that there is an obligation under customary international law to do so, yet it is quite another to actually prosecute the perpetrators of such an offense; this is particularly the case when the government has a strong desire not to prosecute, because the accused are members of the government, because they are strong supporters of it, because they are foreign allies of the …

African Courts, International Law, And Comparative Case Law: Chimera Or Emerging Human Rights Jurisprudence?, Mirna E. Adjami

Michigan Journal of International Law

Though the potential creation of a supranational human rights court has brought international attention to the African human rights system, international law and human rights scholars rarely turn to African examples when studying the domestic application of international human rights norms. This Article seeks to fill that gap by analyzing cases from several Anglophone common law countries in sub-Saharan Africa that invoke international law and comparative case law as interpretive support in their national fundamental rights jurisprudence.

Renegotiating Responsibility After Apartheid: Listening To Perpetrator Testimony , Mark Sanders

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Trends. Colombian Rebels And Elite Interests: Rights And Wrongs On Human Rights, Ibpp Editor

International Bulletin of Political Psychology

This article discusses and analyzes the reactions of elites to rebel actions (e.g., human rights violations, other violent actions) in Colombia.

Trends. Hissen Habre And Human Rights: Right Or Wrong?, Ibpp Editor

International Bulletin of Political Psychology

This article discusses which high authorities (or national leaders), inside a given country and outside it, may be held accountable for human rights violations in given place.

Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson

Michigan Journal of Gender & Law

Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …

An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa

Penn State International Law Review

This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.

Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George

Penn State International Law Review

Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.

Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman

Vanderbilt Journal of Transnational Law

Although historically legal interest in human rights has been the special province of scholars, recent worldwide economic realignment has educated the public to global interdependency, vindicating those who foresaw a nexus between human rights and the maintenance of world order. "[A]n interdependent global community cannot sustain itself. .if the coin of common exchange is genocide and discrimination." A pragmatic understanding of the relationship between the maintenance of world order and the protection of human rights suggests that tolerance and fulfillment of the world expectation of human rights may not be a goal that can be universally achieved. It is, however, …