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International Humanitarian Law Commons™
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Articles 1 - 6 of 6
Full-Text Articles in International Humanitarian Law
Re-Imagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Law, Anaise Muzima
Re-Imagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Law, Anaise Muzima
Master of Laws Research Papers Repository
The debate on the issue of child soldiers in international law has been mainly framed around the narrow question of whether child soldiers should be prosecuted or deemed innocent victims. This question, while essential, marginalized several considerations related to the multidimensional and intersecting identities and roles of child soldiers. Few scholars have investigated and evidenced the major gaps related to the legal protection of child soldiers in international law. While recognizing the potential related to the analysis on child soldiers’ criminal liability, this research proposes to focus on the examination of their vulnerabilities and to explore the legal foundations for …
Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin
Electronic Thesis and Dissertation Repository
Secession has contributed to nearly 50 intra-state armed conflicts around the world, and remains a complex issue in public international law. Over the past 72 years, several cases stand out as providing evidence of state practice with regards to invoking a successful right to unilateral secession: Bangladesh, Croatia, South Sudan, East Timor, Eritrea and Kosovo, to name a few. However, apart from invoking a right to secession, these cases also share a common factor that legitimized their independence: their Unilateral Non-Colonial (UNC) secessions became legal as a result of two factors: (i) an invocation of a right to self-determination which …
The Drone Question: Legality, Ethics, And The Need To Recognize Transnational Armed Conflict, Matthew T. Mueller
The Drone Question: Legality, Ethics, And The Need To Recognize Transnational Armed Conflict, Matthew T. Mueller
Senior Honors Projects, 2010-2019
This work focuses on the legality and ethics of targeted killings via drones conducted by the United States. The first section of this work looks at the use of drone strikes by the U.S. government as they fall outside of the traditional notion of a zone of armed conflict, that being one that can be defined geographically and temporally, and explores whether these strikes could be considered legal under international humanitarian law and the international law of self-defense. This work assumes that an armed conflict exists between the United States and the non-state armed actors that have been targeted by …
No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner
No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner
MAIS Projects and Theses
International law protects the right to education for refugee children, as is stated in multiple treaties and documents, such as the Universal Declaration of Human Rights (1948), the Convention Relating to the Status of Refugees (1951), the International Covenant on Economic, Social, and Cultural Rights (1966), and the Convention on the Rights of the Child (1990). The purpose of this research is to highlight the historical development of education for refugee children, through programs led by Intergovernmental Organizations (IGOs), as well as to emphasize the importance of education as part of current humanitarian interventions. This thesis examines a past example …
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Senior Projects Spring 2017
The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest to mainstream …
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron
Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron
CMC Senior Theses
The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …