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International Law

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Selected Works

2013

Human rights

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Full-Text Articles in Law

Post-Conflict Justice In The Aftermath Of Modern Slavery, Roy L. Brooks Jul 2013

Post-Conflict Justice In The Aftermath Of Modern Slavery, Roy L. Brooks

Roy L. Brooks

Abstract

Modern slavery is defined as human exploitation over a period of time effectuated through coercion, fraud or trickery. An estimated 12.3 million people worldwide are held in some form of modern slavery, including forced labor, bonded labor, forced child labor, and sexual servitude. Children and women bear the brunt of modern slavery. Divided into three stages—trafficking, exploitation, and post-conflict—modern slavery has attracted much scholarly interest in recent years. However, relatively little scholarly attention has been given to the post-conflict stage. This article attempts to initiate such discussion by drawing upon the reparative framework crafted in the years since the …


"First, Do No Harm:" Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root Jul 2013

"First, Do No Harm:" Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root

Joshua L. Root

The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force which are facial violations of the UN Charter but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article applies the Vienna Convention on …