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International Humanitarian Law Commons™

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1996

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Articles 1 - 13 of 13

Full-Text Articles in International Humanitarian Law

Killing Egyptian Prisoners Of War: Does The Phrase "Lest We Forget" Apply To Israeli War Criminals?, Scott R. Morris Nov 1996

Killing Egyptian Prisoners Of War: Does The Phrase "Lest We Forget" Apply To Israeli War Criminals?, Scott R. Morris

Vanderbilt Journal of Transnational Law

This Article offers an analysis of Israel's response, or lack thereof, to the 1995 admission by Israeli war hero General Ayre Biro that he participated in the slaughter of forty-nine unarmed Egyptian prisoners of war in 1956 during Israel's struggle for independence. While in the past Israel has actively pursued the prosecution of war criminals who committed atrocities against its own people under the battle cry "lest we forget," the country has recently shown a strong reluctance to take action against General Biro for his execution of Egyptian prisoners of war. Specifically, Israel reasons that its statute of limitations for …

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Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Oct 1996

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.

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Conundrums Of Armed Conflict: Criminal Defenses To Violations Of The Humanitarian Law Of War, Matthew Lippman Sep 1996

Conundrums Of Armed Conflict: Criminal Defenses To Violations Of The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review

No abstract provided.

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Foreign Investment Issues For International Non-Governmental Organizations: International Health Projects In China And The Former Soviet Union, Timothy C. Evered Jul 1996

Foreign Investment Issues For International Non-Governmental Organizations: International Health Projects In China And The Former Soviet Union, Timothy C. Evered

Buffalo Journal of International Law

No abstract provided.

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State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green Jun 1996

State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green

International Law Studies

No abstract provided.

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The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk Jan 1996

The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk

Michigan Journal of International Law

The interplay between juridical support for norms of non-intervention and the actualities of interventionary diplomacy is an integral feature of a world of sovereign, yet unequal, states pursuing diverse goals. Pointing in one direction is the juridical stress on sovereignty, reinforced by spatial notions of territorial supremacy within fixed boundaries, which provides the doctrinal underpinnings of non-interventionism. Pointing in the other direction is the effort to project power and influence beyond territorial sovereignty, virtually a definition of what distinguishes a great power from an ordinary state, which creates the geopolitical pressures that result in intervention in the internal and external …

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The World Bank, The Imf, And Human Rights, Daniel D. Bradlow Jan 1996

The World Bank, The Imf, And Human Rights, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.

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Collective Humanitarian Intervention, Fernando R. Tesón Jan 1996

Collective Humanitarian Intervention, Fernando R. Tesón

Scholarly Publications

Until very recently, those who favored the legitimacy of humanitarian intervention were regarded either as hopeless idealists, or worse still, as trigger-happy "moral imperialists." Yet, the doctrine of humanitarian intervention has experienced a dramatic revival with the end of the Cold War. The realignment of global political forces and the awareness of the crucial link between human rights and peace have produced a significant change of opinion among governments and writers on the subject. While opinion is still sharply divided on the issue of unilateral humanitarian intervention, most international actors and observers are rallying behind the idea that the United …

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Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto Jan 1996

Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto

Contributions to Books

Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …

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Collective Humanitarian Intervention, Fernando R. Tesón Jan 1996

Collective Humanitarian Intervention, Fernando R. Tesón

Michigan Journal of International Law

This article discusses collective intervention authorized by the Security Council, with a special emphasis on the concept of exclusive domestic jurisdiction. Part I first examines the different meanings of the notoriously ambiguous word "intervention." Because the legitimacy of collective intervention will depend in part on whether or not the matter falls within the domestic jurisdiction of the target state, Part II will then discuss contemporary views of domestic jurisdiction. Finally, Parts III and IV discuss collective humanitarian intervention under the principles of the U.N. Charter and examine the practice of the Security Council since the end of the Cold War. …

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The Politics Of Collective Security, Anne Orford Jan 1996

The Politics Of Collective Security, Anne Orford

Michigan Journal of International Law

Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in …

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Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis Jan 1996

Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis

UIC Law Review

No abstract provided.

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Building Bridges: Bringing International Human Rights Home, Berta E. Hernández-Truyol Jan 1996

Building Bridges: Bringing International Human Rights Home, Berta E. Hernández-Truyol

UF Law Faculty Publications

This commentary on "Building Bridges" was prepared in connection with a panel presentation addressing the same theme by Latina/o law professors during the 1995 Hispanic National Bar Association's annual meeting in San Juan, Puerto Rico. It urges that we globalize our domestic legal practice by integrating international human rights norms as a means of developing, expanding and transforming the content and meaning of our human/civil rights jurisprudence. This piece contends that we have a wealth of human rights laws to which we have denied ourselves access in the past and of which we should make greater and better use in …

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