International Humanitarian Law Commons^™

International Human Rights, Shekinah Apedo, Daniel L. Appelman, Elena Ateva, Arzu Rana Deuba, Mark Du, Claudia Feldkamp, Federica Dell'orto Hadar, Corinne Lewis, Tschika Mcbean, Sophie Pouget, Caroline Renner, Judith Wood, Constance Z. Wagner

The Year in Review

No abstract provided.

International Human Rights, Noor Ahmad, Honorable Del Atwood, Jeffrey L. Bleich, Cindy Galway Buys, Nicholas J. Leddy

The Year in Review

No abstract provided.

Pluralism In International Criminal Procedure, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last two decades, international criminal procedure has become a recognized body of law, with textbooks, treatises, and law review articles discussing its rules and principles and theorizing its goals and methods. The term refers to the procedures used at the international criminal courts and tribunals created to address some of the most serious offenses, such as genocide, crimes against humanity, and war crimes. Some of these courts are fully international, like the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the permanent International Criminal Court (ICC). Others are “hybrid courts,” …

Plea Bargaining And International Criminal Justice, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Over the last two decades, plea bargaining has spread beyond the countries where it originated — the United States and other common law jurisdictions — and has become a global phenomenon. Plea bargaining is spreading rapidly to civil law countries that previously viewed the practice with skepticism. And it has now arrived at international criminal courts.

While domestic plea bargaining is often limited to non-violent crimes, the international courts allow sentence negotiations for even the most heinous offenses, including genocide and crimes against humanity. Its use remains highly controversial, and debates about plea bargaining in international courts continue in court …

International Human Rights, Noor Ahmad, Del Atwood, Jeffrey L. Bleich, Cindy Galway Buys, Nicholas J. Leddy

The International Lawyer

No abstract provided.

'Protection And Empire': The Martens Clause, State Sovereignty, And Individual Rights, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

The Martens Clause was a last-minute compromise that saved the 1899 Hague Convention with Respect to the Laws and Customs of War on Land. In its original formulation, the clause shielded individuals under “the protection and empire” of international law, principles of humanity, and the dictates of the public conscience. F. F. Martens, its author, was Russia’s greatest international law scholar and occasional diplomat. He saw no application for his work in the nineteenth-century internal affairs of his sovereign, notwithstanding the transnational terrorism that plagued (and ultimately destroyed) the Russian Empire. As the relationship between individual rights and state sovereignty …

Values And The Courts: Maintaining The Rule Of Law In The Global World, Honourable Beverley Mclachlin

The International Lawyer

No abstract provided.

The Janus Moon Rising - Why 2014 Heralds United States' Detention Policy On A Collision Course...With Itself, Chris Jenks

Faculty Journal Articles and Book Chapters

2014 will serve as a test of the United States’ claims that its detention policy is consistent with the law of armed conflict (LOAC). If, as President Obama has repeatedly stated, U.S. involvement in the armed conflict in Afghanistan will end this year, then any LOAC based detention of belligerents linked solely to that conflict ends as well. That should mean the release or transfer of members of the Taliban currently detained at Guantanamo. It won’t.

Correspondents' Reports United States Of America, Chris Jenks

Faculty Journal Articles and Book Chapters

This correspondent report compiles examples of where and how in 2013 the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in military courts-martial and captured enemy belligerents in military commissions and by US federal courts hearing detainee habeas challenges.

Belligerent Targeting And The Invalidity Of A Least Harmful Means Rule, Geoffrey S. Corn, Laurie R. Blank, Chris Jenks, Eric Talbot Jensen

Faculty Journal Articles and Book Chapters

The law of armed conflict provides the authority to use lethal force as a first resort against identified enemy belligerent operatives. There is virtually no disagreement with the rule that once an enemy belligerent becomes hors de combat — what a soldier would recognizes as “combat ineffective” — this authority to employ deadly force terminates. Recently, however, some have forcefully asserted that the LOAC includes an obligation to capture in lieu of employing deadly force whenever doing so presents no meaningful risk to attacking forces, even when the enemy belligerent is neither physically disabled or manifesting surrender. Proponents of this …

Correspondents' Reports: A Guide To State Practice In The Field Of International Humanitarian Law, Chris Jenks

Faculty Journal Articles and Book Chapters

This correspondent report compiles examples of where and how the United States demonstrated its compliance with international humanitarian law by prosecuting its service members in 2010.

Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.