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Human Rights Law Commons

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Articles 1 - 14 of 14

Full-Text Articles in Human Rights Law

No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D. Mar 2018

No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D.

Chicago-Kent Law Review

The Kurds are the world’s largest ethnonational group without their own state. They have often been the target of ethnic strife and discrimination. Even within their semi-autonomous territory, Iraqi Kurds have faced humiliation and oppression. This essay argues that the Kurds in Iraq have been deprived of their property and dignity and hence have been subjected to “dignity takings.” This occurred in three distinct phases: the 1970s under “Ba’athification,” the 1980s under Saddam Hussein, and at present under the Islamic State (ISIS). During each phase, the Kurds have suffered involuntary property loss through forced relocations and the destruction of homes …


Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar Mar 2018

Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar

Chicago-Kent Law Review

Procedural barriers which limit individuals’ ability to bring lawsuits—like conditioning litigation upon the provision of a bond—are a subtle way to reduce the volume of tort litigation. The use of such procedural doctrines often spares legislatures from the need to debate the substance of legal rights, especially when those rights are politically controversial. This Article presents a case study of this phenomenon which has escaped scholarly attention, in the intriguing context of the Israeli-Palestinian Conflict. On the books, a unique mechanism enables non-Israeli citizen Palestinians of the West Bank and Gaza Strip to bring civil actions for damages against Israel …


Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa Jul 2017

Migrant Workers In The United States: Connecting Domestic Law With International Labor Standards, Lance Compa

Chicago-Kent Law Review

Industry and trade associations say that the United States needs more immigrant workers to meet labor shortages and keep the economy growing. Labor advocates counter that the alleged labor shortage is a myth, and that employers’ real goal is to replace American workers and put downward pressure on wages of U.S. workers. The United States needs a new immigration policy that balances the needs of companies and the overall economy with needs for high labor standards and protection of workers’ rights. International labor and human rights instruments address several migrant labor issues, but U.S. law and practice fall short of …


The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni Apr 2014

The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni

Chicago-Kent Law Review

This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …


Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman Apr 2011

Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

Chicago-Kent Law Review

This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …


The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown Jan 2010

The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown

All Faculty Scholarship

The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United States, …


Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown Jan 2005

Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown

All Faculty Scholarship

No abstract provided.


Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown Jan 2004

Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown

All Faculty Scholarship

No abstract provided.


Barely Borders: Issues Of International Law, Bartram Brown Jan 2004

Barely Borders: Issues Of International Law, Bartram Brown

All Faculty Scholarship

No abstract provided.


Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown Jan 2003

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

All Faculty Scholarship

No abstract provided.


Humanitarian Intervention At A Crossroads, Bartram Brown Jan 2000

Humanitarian Intervention At A Crossroads, Bartram Brown

All Faculty Scholarship

No abstract provided.


Nationality And Internationality In International Humanitarian Law, Bartram Brown Jan 1998

Nationality And Internationality In International Humanitarian Law, Bartram Brown

All Faculty Scholarship

No abstract provided.


Information Access Rights Based On International Human Rights Law (With Christopher J. Lhulier), Henry H. Perritt Jr. Mar 1997

Information Access Rights Based On International Human Rights Law (With Christopher J. Lhulier), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown Jan 1992

The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown

All Faculty Scholarship

No abstract provided.