Human Rights Law Commons^™

Healing From War To End All Wars, Christien Van Den Anker

Human Rights & Human Welfare

The First World War was known as the war to end all wars. After the Second World War, and especially in reference to the Holocaust, the urgent slogan was “Never Again.” Although these hopes to end war and genocide have not yet been fulfilled, they inspired the worldwide moral stance against war and a host of international instruments and bodies contributed to the protection of both civilians and combatants during war.

Proportional To Life, Emma Gilligan

Human Rights & Human Welfare

The Economist piece entitled “Proportional to what?” poses a dangerous question. The notion, as the article suggests, that proportionality in war is a “slippery idea” or that the facts are “nebulous” is the work of either an intentionally provocative or idly cynical author. Whatever the motivation for the words, it is precisely the dismissive tone embodied in such statements that has contributed to and defined the attitude more recently of larger states, like Israel and Russia, to issues of accountability for the death of civilians.

Protecting Human Rights In Conflict, Clair Apodaca

Human Rights & Human Welfare

The Just War Theory of Jus in Bello is the international community’s attempt to ensure respect for human rights and human welfare during armed conflicts. The principle of proportionality and the obligation to distinguish between combatants and civilians in attacks are two related notions that are fundamental to the protection of human rights during conflict. The principle of proportionality limits the amount of violence and destruction that is morally permissible. By contrast, the principle of discrimination (or distinction) discriminates between legitimate targets, such as soldiers and weapons depots, and illegitimate targets, specifically noncombatants such as civilian populations and their property.

Proportionality And Unjust Wars, Sarah Stanlick

Human Rights & Human Welfare

As violence rages in the Middle East, policymakers, academics, and the public alike have been embroiled in debate over the proportional use of force. As The Economist article points out, historical grievances leave both Israelis and Palestinians with compelling arguments for defense and resistance. However, at this point, the cycle of violence has perpetuated blame that goes beyond a simple tally sheet. World leaders remain divided on the rights and wrongs of the Israeli-Palestinian conflict, but human rights groups internationally are crying out for Israel and Hamas to end attacks that “do not discriminate between civilians and military targets.” While …

February Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Proportional to What?” The Economist. December 30, 2008.

Darfur: In Search Of Peace Exploring Viable Solutions To The Darfur Crisis, George Shepherd, Peter Van Arsdale, Negin Sobhani, Nicole Tanner, Frederick Agyeman-Duah

Human Rights & Human Welfare

The following is a report for the Consultation on Darfur carried out in Nairobi, Kenya by Africa Today Associates, Inc. The event took place June 9‐11, 2008 and was made possible with support from Ford Foundation, Kenya (in collaboration with the Institute of International Education). This report aims to build upon, not replace, the findings of our Consultation in Abuja, Nigeria. It is for this purpose that the findings and points addressed in this report are solely those discussed in Nairobi. Although it is inevitable that the two consultations reflected some overlap on the core issues and discussion points, especially …

Confronting The Past: Democratic Rhetoric Or Socially Necessary?, Rachel Oster

Human Rights & Human Welfare

In the current globalized international system, politics, economics, and societal issues are the concern of not only the state but of the world as a whole. It is increasingly apparent that participation in the global community requires states to implement, at minimum, conventional democracy within which individual rights are recognized and protected. Yet for much of the developing world, democratic regimes are partially contested given that many states were historically controlled by non-democratic, often militant regimes that offered security to citizens during times of economic crises.

Human Trafficking In The Middle East And North Africa Region, Schuyler Dudley

Human Rights & Human Welfare

The Middle East and North Africa region is not the first area to come to mind when discussing human trafficking in the world. Yet this region certainly has human trafficking problems. To clarify, the geographic region referred to in this essay, the Middle East, extends as far west as Mauritania, as far south as Sudan, as far east as Oman, and as far north as Syria. This region is also known as MENA (Middle East and North Africa), but will be referred to as the Middle East in this essay. Discrepancies in defining the Middle East, as well as inaccurate …

Considering The International Monetary Fund And World Bank: Lending Effectiveness In Sub-Saharan Africa, Daniela A. Wohlwend

Human Rights & Human Welfare

Sub-Saharan Africa is a place of unequivocal beauty, diversity and history; it is also the most impoverished and neglected area on the planet. With an objective look at what has gone wrong in the past five decades of International Monetary Fund and World Bank lending, along with strategic assessment and planning, sub-Saharan Africa does not have to remain the home to unimpeded, rampant poverty.

Youth Migration And Poverty In Sub-Saharan Africa: Empowering The Rural Youth, Charlotte Min-Harris

Human Rights & Human Welfare

Sangaré, a poor young farmer from a village in southern Mali, leaves his wife and three children to find stable employment in the capital city of Bamako. What he finds is an unrewarding reality that leads him from small job to small job, only earning about US 22 cents per day. These jobs range from selling sunglasses, to shining shoes, to driving a rickshaw. Unfortunately, his income has not proved enough to provide for his family, as his aunt has since adopted his daughter, and his children cannot attend school. The inability to find stable employment in Bamako has forced …

Child Labor In Latin America: Poverty As Cause And Effect, Michaelle Tauson

Human Rights & Human Welfare

Throughout much of the developing world, children make up an alarming portion of the workforce. These children are robbed of their childhood in order to provide economic supplementation to their families. According to the International Labor Organization (ILO), 5.7 million children in Latin America participate in the regional workforce (2006). It is a common misconception that children, who do not participate in the formal workforce, are not child laborers. However, the ILO defines child labor as any work that is detrimental to a child’s well-being or interferes with a child’s education. Due to the many categories and classifications of child …

Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra

American University Law Review

No abstract provided.

International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell O. Chibundu

Maryland Journal of International Law

No abstract provided.

Developments In The Prosecution Of Gender-Based Crimes - The Special Court For Sierra Leone Experience , Hon. Theresa Doherty

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Kara Karlson, Jennifer Goldsmith, Laura Jarvis, Megan Chapman

Human Rights Brief

No abstract provided.

Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.

United Nations Update, Andrew Hill

Human Rights Brief

No abstract provided.

International Legal Updates, Carlin Moore, Bryan Bach, Megan Chapman, Soumya Venkatesh, Kate Kovarovic, Angad Singh, Hellia Kanzi

Human Rights Brief

No abstract provided.

Prologue , Claudio Grossman

American University International Law Review

No abstract provided.

The Universal Declaration Of Human Rights And The African Child Today: Progress Or Problems? , Uché Ewelukwa Ofodile

American University International Law Review

No abstract provided.

Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention Experience In Latin America, Santiago Canton

Human Rights Brief

No abstract provided.

Book Review, Kavita Kapur

Human Rights Brief

No abstract provided.

Human Rights And Human Trafficking: Introduction, Claude D’Estrée

Human Rights & Human Welfare

Much like the first iteration of this Topical Digest on human trafficking and modern slavery, with an “Introduction” by Dr. Kevin Bales, this second iteration covers a wide range of subjects, moving from country specific and regional to broad subjects and issues of international jurisprudence. This survey of literature on human trafficking is of critical importance, especially in a young, emerging, and controversial field.

Human Trafficking In The People’S Republic Of China, Annie Dullum

Human Rights & Human Welfare

As China rises to become a superpower and is placed in the national spotlight as the host for the upcoming 2008 Beijing Olympics, China is struggling to represent its ability to be powerful and stable within its own borders resulting from a staggering human rights record. Among the policies contributing to human rights violation, population controls are in place that create barriers to residence and immigration, which means that desperate individuals cannot legally move to other countries. As well, Chinese citizens are vulnerable to the practices of traffickers who move individuals illegally around the world.

Corruption And Crime In The East: Organized Crime And Human Trafficking In Russia And Ukraine, Danielle Mossbarger

Human Rights & Human Welfare

Russian culture and life are uniquely fascinating. Rarely has such magnificence, potential, and wonder been so dramatically juxtaposed to such tremendous terror, poverty, and struggle. The state has an almost mystical aura about it, simultaneously intriguing and repellant. Sharing more in Russia’s failures than in its successes, Ukraine is deeply bound to its former communist overlord in history and in modernity. As the world’s leading exporters of women, these two former Soviet strongholds have perfected the merge between organized crime and human trafficking, severely hindering national efforts to fully emerge from the shadows of the Soviet era. As the modus …

Robbed Of The American Dream, Megan Walker

Human Rights & Human Welfare

Many people have immigrated to the United States, hoping to live the “American dream.” Unfortunately, this romantic notion is part of the reason that the United States has become one of the most sought after destination countries for human trafficking. It is easy for traffickers to convince potential victims that they can live the American dream. Traffickers from all over the world and all walks of life profit in this booming market, by promising poor and vulnerable people high wages in legitimate jobs as farm workers, maids, and waitresses. Many of these people end up in terrible conditions as indentured …

The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin

Human Rights & Human Welfare

China’s youth are becoming adults in an unprecedented era. The Chinese have achieved rapid, sustained economic growth under a Communist government that has simultaneously been initiating a wide range of social planning initiatives.

Economic Incentives Preempt Independence Movements: A Case Study Of The Xinjiang Uyghur Autonomous Region In China, Iman Jafarynejad

Human Rights & Human Welfare

Self-determination and freedom from foreign territorial acquisition and annexation still are core issues in the international arena and a source of human rights struggles. Through the consolidation of economies in the twenty-first century, there has, however, been a shift in the importance of these issues and in the meaning of “occupied” territories. This paper challenges the idea that the status quo of self-determination is the most important element of the human rights agenda of the indigenous Uyghur community in the Xinjiang Uyghur Autonomous Region of Western China.

The Challenges Of Change: Causes And Consequences Of Child Labor In China, Andrea Morley

Human Rights & Human Welfare

The government of China opened its doors to the global economy in the late 1970s, with gradually but steadily increasing competition, trade, and production. The ‘Asian Tiger’ was fueled by export-led development as the number of factories and production facilities spread rapidly across the country. This rapid economic growth exacerbated labor violations, primarily due to the increased incentives for profits and demands of production on Chinese factories. In order to be more competitive, China required a strong labor force; its citizens were thrust into the global economy.

China’S Relationship With Sudan—And Human Rights Consequences, Tessa Li Powell

Human Rights & Human Welfare

China is the largest country in the world and has a rapidly expanding economy. Its streets are starting to crowd with cars instead of bicycles and there is an increasing demand for the luxuries of developed nations. The desire to keep up with major international players has pushed the Chinese government to overlook whatever human rights abuses may be occurring inside and outside of its borders. China has taken steps to support Sudan despite its use of child soldiers and the genocide in Darfur that has been occurring for years. By criticizing and withdrawing support from President al-Bashir, China could …