Human Rights Law Commons^™

Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman

Articles in Law Reviews & Other Academic Journals

The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …

Atrocity Prevention In The New Media Landscape, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

Journalists have traditionally played a crucial role in building public pressure on government officials to uphold their legal obligations under the 1948 UN Convention on the Prevention and Punishment of Genocide. But over the past twenty years there has been radical change in the media landscape: foreign bureaus have been shuttered, young freelance journalists have taken over some of the work traditionally done by experienced foreign correspondents, and, more recently, the advent of social media has enabled people in conflict-affected areas to tell their own stories to the world. This essay assesses the impact of these changes on atrocity prevention …

State-Enabled Crimes, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …

Crashing The Misdemeanor System, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.

Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …

Transitional Justice, Peace, And Prevention, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes

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No abstract provided.

Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher

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No abstract provided.

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Settling Accounts: The Duty To Prosecute Human Rights Violations Of A Prior Regime, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.