Human Rights Law Commons^™

Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.

Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez

Capstones

People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.

http://intl-clarke.2016.journalism.cuny.edu/2016/12/30/running-for-ayotzinapa-a-fathers-marathon-to-find-his-missing-son/

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …

Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack

International Law Studies

Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …

Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher

Michigan Journal of Gender & Law

Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.

Arbitrary Withholding Of Consent To Humanitarian Relief Operations In Armed Conflict, Dapo Akande, Emanuela-Chiara Gillard

International Law Studies

This article examines the requirement under international humanitarian law (IHL) that consent to humanitarian relief operations must not be arbitrarily withheld. It begins with a brief outline of the rules of IHL regulating humanitarian assistance in armed conflict. The article then considers the origin of the rule prohibiting arbitrary withholding of consent to humanitarian relief operations before proceeding to set out the circumstances when consent will be considered to have been withheld arbitrarily under international law. It proposes three tests for arbitrariness in this context, and also examines how international human rights regulates humanitarian assistance in armed conflict.

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …

Reflections On The Judgment Of The International Court Of Justice In Bosnia’S Genocide Case Against Serbia And Montenegro, Susana Sácouto

Susana L. SáCouto

No abstract provided.

Prologue, Claudio Grossman

Claudio M. Grossman

No abstract provided.

Conference Report: Climate Change And Sustainable Investment In Natural Resources: From Consensus To Action, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network, Sabin Center For Climate Change Law

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment has produced this conference report on CCSI’s Conference on Climate Change and Sustainable Investment in Natural Resources: From Consensus to Action. A shorter outcome document, which was disseminated at COP22, is also available. These documents summarize the discussions at the eleventh annual Columbia International Investment Conference, which took place on November 2-3, 2016, at Columbia University. The Conference offered a high-level opportunity to discuss how countries can reduce their greenhouse gas emissions in accordance with the Paris Agreement, while also advancing the Sustainable Development Goals, and in particular the important implications for the …

Outcome Report Of Workshop On International Investment And The Rights Of Indigenous Peoples, Kaitlin Y. Cordes, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

On May 12, 2016, the United Nations (UN) Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, and the Columbia Center on Sustainable Investment hosted a one-day workshop on international investment and the rights of indigenous peoples. This outcome document synthesizes the discussions that took place during the May 12 workshop.

The workshop was part of a series of consultations undertaken to support the Special Rapporteur's Second Thematic Analysis on the Impact of International Investment Agreements on the Rights of Indigenous Peoples. Held at the Ford Foundation in New York, the workshop brought together 53 academics, practitioners, indigenous …

Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …

Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassell

Douglass Cassel

No abstract provided.

The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo

Northwestern University Law Review

Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary treaties imposing aspirational obligations on signatories raise the issue of the extent of obligations that Congress may domestically enforce by federal statute. Second, originating treaties which create international organizations and authorize them to adopt rule- and adjudication-type post-treaty pronouncements bring up a question of when, if ever, to incorporate those pronouncements into U.S. law, and …

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

Stuart Ford

No abstract provided.

The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah

Annual Survey of International & Comparative Law

This paper sets out to address the following question: to what extent has international law effectively curtailed the practice of torture in a democratic society within the context of the ‘war against terror’? This paper will first provide an overview of the current regime of international law prohibiting torture. Next, this paper will discuss the absolute ban on torture and violations that have occurred in the name of the ‘war against terror.’ This paper will then address the consequences of the use of torture as a counterterrorism measure. Finally, this paper will critically analyze the effectiveness of international law on …

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015), Ines Gillich

Pace International Law Review

This Article identifies and critically analyzes the contributions the International Court of Justice (ICJ) made to the international law against genocide via the judgment in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) of February 3, 2015. This Article elaborates on the concept of genocide—a term that has originally been coined after the Armenian Genocide and the Holocaust—and the protection against this “crime of crimes” under international law. The analysis section of this Article refers to the historical and procedural context of the dispute between Croatia and Serbia in the case, …

The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger

University of Miami Inter-American Law Review

The UN Human Rights Commission dedicated over two years to the drafting of the Universal Declaration of Human Rights, which was approved by the General Assembly in 1948.

The underlying reason for the Declaration was the genocide executed by Hitler’s Nazi Germany against the Jewish people throughout Europe during the Second World War. The fundamental mistake of the Commission was that the persecution by the Nazis was not directed against individual persons, but against an entire people, whereas the Declaration deals exclusively with the rights of the individual human being, no reference whatsoever made in the document to collectivities.

Moreover, …

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Mark A. Drumbl

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of …

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin

Georgia Journal of International & Comparative Law

No abstract provided.

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.

Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal

Georgia Journal of International & Comparative Law

No abstract provided.

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Georgia Journal of International & Comparative Law

No abstract provided.