International Humanitarian Law Commons^™

Humanitarian Laws Of Armed Conflict In Sweden: Ogling The Socialist Camp, Jacob W.F. Sundberg

Akron Law Review

The inhabitants of a country with the military-geographical location of Sweden should find it natural, one would think, to consider extensively the political and legal-philosophical message of the world which surrounds the country, most conspicuously to the east and to the south, and, by navies below the horizon, less conspicuously to the north and to the west. Everywhere is the Socialist Camp - a not unlikely adversary in some future conflict. In Sweden, however, there prevails a surprising reluctance to discuss the realities of the Camp. To say the least, such discussion is up-hill work. Looking for the reasons why, …

The African Charter On Human And Peoples' Rights: Some Preliminary Thoughts, Daniel C. Turack

Akron Law Review

Generally there is a plethora of literature on human rights. Recently published research guides' are most helpful in assisting the researcher and scholar who wants to be informed about this vital area of international law. However, with regard to research into human rights in Africa, there are some special problems to be encountered and a dearth of primary source materials in libraries.

In reference to Africa, this focus is on the sub-Saharan states of the continent excluding the Republic of South Africa and Namibia. Before looking at the Charter, it is important to look at how the African states have …

Pros And Cons Of The 1977 Protocol I, Howard S. Levie

Akron Law Review

There are many provisions of value to be found in the 1977 Protocol Additional to the 1949 Geneva Conventions (Protocol ). Unfortunately, there are also a number of provisions which would have been better left undrafted. This discussion will be limited to several provisions, or groups of provisions, which appear to be major advances in the humanitarian law of war - and several provisions, or groups of provisions, which appear to be retrogressive. Obviously, neither list will be all-inclusive; to make them so would require a listing and discussion of practically every substantive article in the Protocol. In fact, inasmuch …

Is The International Court Of Justice Worth The Effort?, Joseph L. Daly

Akron Law Review

Throughout history most peacemaking has been a response to a particular crisis - efforts of two countries to solve a dispute by treaty or to negotiate the end of a war. But as the instruments of war have become more and more horrible, as wars have come to take an ever increasing toll on civilian populations, world leaders have tried to establish a structure for peace, a permanent way of avoiding conflict by appealing to reason, not to weapons. Our century has hoped that some sort of international tribunal - a world court - would decide disputes on enduring principles …

Judicial Enforcement Of International Human Rights, Edward D. Re

Akron Law Review

Lawyers are thinkers who must determine what are the fundamental human rights that must be legally enforced by a society worthy of being called civilized. Lawyers, therefore, devote their energies not only to human rights, but also to legal remedies designed to give effect to fundamental rights. Hence, for lawyers, the legal question presented deals with convening the ideals into legally enforceable norms. To phrase the inquiry in simple terms: what needs to be done to give legal effect to those moral norms which embody human rights and fundamental freedoms? What are the institutions of government that are charged with …

Sale V. Haitian Centers Council, Inc.: Closing The Golden Door, Dennis E. Wasitis

Akron Law Review

The purpose of this note is to carefully examine the Supreme Court's reasoning in Sale v. Haitian Centers Council, Inc. Part II sketches the contours of our recent policies with Haiti, and highlights the relevant refugee law involved. Part III dissects the case itself and presents the facts, procedure, and reasoning of the majority and minority. Finally, Part IV probes the strength of the court's analysis, and assesses the future implications of the decision.