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Articles 1 - 11 of 11
Full-Text Articles in Law
Talking Foreign Policy: The Rohingya Genocide, Tfp Radio Broadcast (Oct. 1, 2019)
Talking Foreign Policy: The Rohingya Genocide, Tfp Radio Broadcast (Oct. 1, 2019)
The International Journal of Ethical Leadership
No abstract provided.
Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko
Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko
Genocide Studies and Prevention: An International Journal
Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy as victims of genocide, …
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Dissertations, Theses, and Capstone Projects
In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its …
Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies, Jeffrey Bachman
Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies, Jeffrey Bachman
Genocide Studies and Prevention: An International Journal
The adoption of the Genocide Convention in 1948 was accompanied by the emergence of genocide as a field of study, first in the form of Holocaust Studies, followed by Genocide Studies, then Comparative Genocide Studies and, most recently, Critical Genocide Studies. Over the last 20-30 years, the field of genocide studies has greatly expanded. According to Alexander Hinton, “As the outlines of the field emerge more clearly, the time is right to engage in critical reflections about the state of the field.” This article seeks to enhance the field of genocide studies by answering Hinton’s call for reflective analysis. It …
Applying International Law To The Regulation Of Media Incited Genocide: Rwanda And Myanmar, Savannah Whittemore
Applying International Law To The Regulation Of Media Incited Genocide: Rwanda And Myanmar, Savannah Whittemore
Honors Theses
The goal of this thesis is to demonstrate the connection between word and action in relation to the media incited genocide. By employing the operational definitions of intent, incitement, genocide, and hate speech from legal texts such as the Genocide Convention and the International Covenant on Civil and Political Rights, this thesis shows that there is suitable jurisprudence on the crime of direct and public incitement to genocide with the legal bodies statute mirrors the language of the Genocide Convention. This in conjunction with the language gradient on the changing role of messages before and during genocide shows that regulation …
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
Cowboys And Indians: Settler Colonialism And The Dog Whistle In U.S. Immigration Policy, Hannah Gordon
University of Miami Law Review
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from the Indigenous inhabitants of Mexico and Central America to a reductio ad absurdum. This Note joins a body of scholarship that centers the history of genocide in the United States to examine what our settler colonial history means for today’s immigration law and policy. It concludes that the contemporary …
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Documentation For Accountability, Paul Williams, Jessica Levy
Documentation For Accountability, Paul Williams, Jessica Levy
Articles in Law Reviews & Other Academic Journals
The cost of armed conflict is borne not only in the stark number of lives lost, but also in the grave atrocity crimes committed during these periods. Despite the legal protections set forth in the Geneva Conventions and other foundational documents of international humanitarian law, perpetrators continue to commit crimes against humanity, war crimes and genocide. Documenting these atrocity crimes has become a crucial step in efforts to secure justice for victims and survivors of these atrocities. To support the expanding field of human rights documentation, the international community must redouble its efforts to ensure that civil society actors engaged …
The Policy On Children Of The Icc Office Of The Prosecutor: Toward Greater Accountability For Crimes Against And Affecting Children, Diane Marie Amann
The Policy On Children Of The Icc Office Of The Prosecutor: Toward Greater Accountability For Crimes Against And Affecting Children, Diane Marie Amann
Scholarly Works
The Policy on Children published by the International Criminal Court Office of the Prosecutor in 2016 represents a significant step toward accountability for harms to children in armed conflict and similar extreme violence. This article describes the process that led to the Policy and outlines the Policy’s contents. It then surveys relevant ICC practice and related developments, concluding that despite some salutary efforts, much remains to be done to recognize, prevent and punish the spectrum of conflicted-related crimes against or affecting children.
Codifying The Obligations Of States Relating To The Prevention Of Atrocities, Sean D. Murphy
Codifying The Obligations Of States Relating To The Prevention Of Atrocities, Sean D. Murphy
GW Law Faculty Publications & Other Works
Exactly what types of obligations of States fall within the realm of “prevention” of atrocities, such as genocide, war crimes and crimes against humanity? It could generally be thought that some types of obligations are directly connected to prevention (obligations of prevention), while others are of a different nature, though bearing upon the issue of prevention (obligations relating to prevention). Based on a review of major multilateral treaties, this essay identifies six key obligations of States that relate, directly or indirectly, to the prevention of atrocities. Such obligations were deemed essential for inclusion in the International Law Commission’s 2019 articles …
Heads Of State And Other Government Officials Before The International Criminal Court: The Uneasy Revolution Continues, Leila Nadya Sadat
Heads Of State And Other Government Officials Before The International Criminal Court: The Uneasy Revolution Continues, Leila Nadya Sadat
Scholarship@WashULaw
This essay takes up the current debate about the relationship between article 27 of the Rome Statute of the International Criminal Court and article 98 of the Statute concerning the immunity of sitting Heads of State from investigation or prosecution before the Court and the duty of States to cooperate with the Court as regards their arrest and surrender. The essay traces the history of article 27 and its incorporation into the Statute and observes that it represents a rule of customary international law resting upon the adoption of the Nuremberg Principles after World War II, and reiterated in the …