Human Rights Law Commons^™

The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.

Editors' Introduction, Melanie O'Brien, Joann Digeorgio-Lutz, Lior Zylberman, Christian Gudehus, Douglas Irvin-Erickson, Randle Defalco, Hilary Earl

Genocide Studies and Prevention: An International Journal

No abstract provided.

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …

The Role Of Nongovernmental Organizations In Implementing Human Rights In Latin America, Phillip L. Ray Jr., J. Sherrod Taylor

Georgia Journal of International & Comparative Law

No abstract provided.

Progress Report On United Nations Human Rights Activities To Protect Prisoners, Richard H. Goolsby

Georgia Journal of International & Comparative Law

No abstract provided.

International Adjudication Of Human Rights And The European Court Of Human Rights: A Survey Of Its Procedural And Some Of Its Substantive Holdings, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

The International League For Human Rights: The Strategy Of A Human Rights Ngo, Laurie S. Wiseberg, Harry M. Scoble

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights And Foreign Policy, Cyrus Vance

Georgia Journal of International & Comparative Law

No abstract provided.

Introduction, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations, C. Don Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Foreign Terrorist Fighters In Syria: Challenges Of The “Sending” State, Marten Zwanenburg

International Law Studies

This article discusses domestic measures taken by the Netherlands to combat the phenomenon of foreign terrorist fighters, predominantly in the context of the Syrian conflict. It discusses criminal prosecution, asset freezes, deprivation of nationality and revocation of travel documents. The author concludes that in each of these fields, there is a close relationship between international law and national law.

Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road

Georgia Journal of International & Comparative Law

No abstract provided.

Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne

Georgia Journal of International & Comparative Law

No abstract provided.

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The North Korea Human Rights Act: South Korean And International Efforts And The Necessity For The Law, Shinbum Han

Buffalo Human Rights Law Review

No abstract provided.

Back To Politics: Lessons From The Crisis Of The Inter-American Commission On Human Rights, Ignacio A. Boulin Victoria

Buffalo Human Rights Law Review

No abstract provided.

Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall

Fordham Law Review

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …

The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer

Northwestern Journal of Human Rights

In The Transformation of South African Private Law after Ten Years of Democracy, 37 Colum. Hum. Rts. L. Rev. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …

From Moscow To Makhachkala: The People In Between, Kimberly L. Jones

Fordham Urban Law Journal

No abstract provided.

Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg

Fordham Urban Law Journal

No abstract provided.

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Occupy Wall Street And International Human Rights, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …

Off Target: Selection, Precaution, And Proportionality In The Dod Manual, Adil Ahmad Haque

International Law Studies

The United States Department of Defense Law of War Manual misrepresents customary international law governing target selection, precautions in attack and proportionality. Contrary to the Manual’s assertions, attackers with a choice of targets for obtaining a similar military advantage must select the target that endangers the fewest civilians; often must avoid harming civilians even at some additional risk to themselves or to their mission; and must refrain from attack if the expected harm to civilians—including to civilians forced to serve as human shields—would be excessive in relation to the anticipated military advantage.

The Combatant’S Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

International Law Studies

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance”—the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through …