Law Commons^™

Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine Venter

Journal Articles

This Article argues that states must desist from and be held accountable for the ongoing practices of denying refugees due process and denying humanitarian groups the rights to freely associate and freely exercise their religion in assisting refugees.

The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell

Journal Articles

The United States and Iran carried out armed reprisals in Syria during 2017 in the wake of chemical and terror attacks. Despite support for their actions even by countries such as Germany and France, retaliatory uses of force are clearly prohibited under international law. International law generally prohibits all use of armed force with narrow exceptions for self-defense, United Nations Security Council authorization, and consent of a government to participate in a civil war. Military force after an incident are reprisals, which have been expressly forbidden by the UN. Prior to the Trump administration, the U.S. consistently attempted to justify …

Remarks Of Dr. Douglass Cassel, Notre Dame Law School Candidate (United States), Inter-American Commission On Human Rights Special Meeting Of The Oas Permanent Council, Douglass Cassel

Faculty Lectures and Presentations

Cassel briefly addresses four points:

• First, while the Commission must process cases, that is not its only mission. The case system is a means, not an end. The goal of the Commission is to contribute to the highest possible level of respect for human rights throughout the hemisphere.
• In addition, while the case system leads at times to adversarial relations, the proactive role is one in which the Commission and States can and should strive to work together toward common goals.
• His third point is that we need a Commission that serves the peoples of all OAS member States.
• Finally, …

International Legal Protections For Migrants And Refugees: A Response To Father Brennan, Mary Ellen O'Connell

Journal Articles

Father Brennan’s Essay, “Human Rights and the National Interest: The Case Study of Asylum, Migration, and National Border Protection,” is a complex legal and ethical analysis of refugee law. This Commentary focuses on one aspect of the international law relevant to the Essay, namely, state obligations to migrants. Father Brennan’s main argument that migrants and refugees may be turned back, so long as the action respects human rights law, is consistent with the human right to life. Justly stopping migrants and refugees requires states to stop them before they enter either international waters or the state’s territorial waters. Further, Father …