Open Access. Powered by Scholars. Published by Universities.®
International Humanitarian Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Human rights (4)
- Detention (2)
- Human Rights Law (2)
- International human rights (2)
- Law of Armed Conflict (2)
-
- Operational Law (2)
- Abolitionist (1)
- Alien tort claims act (1)
- Ambassador John R. Miller (1)
- Ansar Burney (1)
- Anti-prostitution pledge (1)
- Appointed counsel (1)
- Armed groups (1)
- Assistance (1)
- Asylum (1)
- Atca (1)
- Attribution (1)
- Bill and Melinda Gates Foundation (1)
- CAT (1)
- CAT relief (1)
- Camel jockeys (1)
- Central America (1)
- Civil rights (1)
- Columbia (1)
- Complicity (1)
- Constitution (1)
- Constitutional law (1)
- Convention Against Torture (1)
- Crimes against humanity (1)
- Criminal justice (1)
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in International Humanitarian Law
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis
Maine Law Review
In the past thirty-five years, international human rights lawyers and, more recently, international environmental lawyers, have been invoking the Alien Tort Claims Act (ATCA) as a tool to prosecute human rights abuses committed abroad by transnational corporations (TNs) in U.S. federal courts. The ATCA provides: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Although plaintiffs' lawyers have experienced some success in the human rights context, most claims of environmental abuses have failed. In all these …
The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom
The “Right To Remain Here” As An Evolving Component Of Global Refugee Protection: Current Initiatives And Critical Questions, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti
Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti
All Faculty Scholarship
Amicus curiae herein argue the present petition for a writ of certiorari should be granted as it rightly questions the very legitimacy of the military commission used to try Petitioner based on a theory of equality. International and comparative law further bolster Petitioner’s argument that the Military Commissions Act’s establishment of a segregated criminal justice system in which only non-citizens are subject to military commission jurisdiction violates the equal rights of Petitioner and all non-citizens subject to its jurisdiction.
Equality is a central principle undergirding human rights law that pre-dates the founding of the United Nations and the drafting of …
Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman
Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
International Law Studies
This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …
Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson
Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson
VA Engage Journal
The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of …
Detention By Armed Groups Under International Law, Andrew Clapham
Detention By Armed Groups Under International Law, Andrew Clapham
International Law Studies
Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.
Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, 47 J. Marshall L. Rev. 1433 (2014), Sarah Dávila-Ruhaak
Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, 47 J. Marshall L. Rev. 1433 (2014), Sarah Dávila-Ruhaak
Sarah Dávila-Ruhaak
The purpose of this essay is to discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika George, Candace D. Gibson, Rebecca Sewall, David Wofford
Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika George, Candace D. Gibson, Rebecca Sewall, David Wofford
Utah Law Faculty Scholarship
In 2002, shortly after Paul Hunt was named as the first UN Special Rapporteur on the right to health, he presented his vision for promoting the right to health as a fundamental human right, clarifying the content of this right and identifying good practices at the community, national, and international levels. His vision remains true today for women’s health at the workplace in global supply chains. In an era where women and families must often migrate to find work, leaving behind their homes and support networks, the workplace can be a site where they can access resources and information to …