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Full-Text Articles in Law
Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse
Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse
Faculty Journal Articles and Book Chapters
This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces against Afghan nationals to the U.S. military. The answer requires applying a longstanding Department of Defense policy for reporting law of war violations and hinges on whether there is a nexus between the sexual assault and the armed conflict in Afghanistan. Although recent attention on this topic has brought much-needed visibility to sexual assault in conflict zones, the overbroad assertions of the media and the military have unfortunately fostered more confusion than clarity. This Essay does not attempt …
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a Grand Chamber of the European Court of Human Rights decision which considered whether disparate outcomes from different court systems of the same state evaluating the same set of facts constituted a violation of the European Convention’s right to a fair hearing. While discussion of micro level Turkish procedural issues is required, the Şahin case also provides broader, macro lessons on the legitimacy of military court decisions.
Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey, Chris Jenks
Introductory Note To European Court Of Human Rights (Grand Chamber): Varnava And Others V. Turkey, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a Grand Chamber of the European Court of Human Rights decision which explains the application of the European Convention on Human Rights and Fundamental Freedoms on disappearances stemming from armed conflict. The Varnava judgment is particularly instructive on the balance of competing tensions; the unique aspects of disappearances; failure to investigate as a continuous violation; and applicant’s obligations under the Convention to exhaust domestic remedies and timely petition the Court.
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Faculty Journal Articles and Book Chapters
This brief commentary discusses child soldiers in general and Omar Khadr, a 15 yr old whom the United States military captured during armed conflict in Afghanistan, in particular. I suggest the conversation should be broadened and to move past misperceptions of the applicable law and norms concerning detention and prosecution of child belligerents.