Open Access. Powered by Scholars. Published by Universities.®
International Humanitarian Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Appointed counsel (1)
- Civil rights (1)
- Constitution (1)
- Constitutional law (1)
- Detention (1)
-
- Due process (1)
- Economic rights (1)
- End of hostilities (1)
- Extra-territorial application of human rights (1)
- General Comment 35 (1)
- Guantanamo (1)
- Human Rights Law (1)
- Human rights (1)
- IHL and human rights (1)
- Immigration law (1)
- International human rights (1)
- International terrorism (1)
- Judicial enforcement (1)
- Law of Armed Conflict (1)
- Legislation (1)
- Non-international armed conflict (1)
- Noncitizen (1)
- Operational Law (1)
- Political rights (1)
- Security detention (1)
- Social rights (1)
- Terrorism (1)
- Use of Force (1)
- War on terror (1)
Articles 1 - 4 of 4
Full-Text Articles in International Humanitarian Law
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 …
Comments On The Nuremberg Principles And Conscientious Objection With Special Reference To War Crimes, Robert K. Woetzel
Comments On The Nuremberg Principles And Conscientious Objection With Special Reference To War Crimes, Robert K. Woetzel
The Catholic Lawyer
No abstract provided.
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 …