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International Humanitarian Law Commons™
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Articles 1 - 25 of 25
Full-Text Articles in International Humanitarian Law
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Matthew S. Weinert On Crimes Against Humanity: The Struggle For Social Justice By Geoffrey Robertson. New York: The New Press, 1999 (Revised 2002). 658pp., Matthew S. Weinert
Matthew S. Weinert On Crimes Against Humanity: The Struggle For Social Justice By Geoffrey Robertson. New York: The New Press, 1999 (Revised 2002). 658pp., Matthew S. Weinert
Human Rights & Human Welfare
A review of:
Crimes Against Humanity: The Struggle for Social Justice by Geoffrey Robertson. New York: The New Press, 1999 (revised 2002). 658pp.
Unlawful Combatancy, Yoram Dinstein
Panel I Commentary - Jus Ad Bellum, Robert Turner
Panel I Commentary - Jus Ad Bellum, Robert Turner
International Law Studies
No abstract provided.
Full Volume 79: International Law And The War On Terror
Full Volume 79: International Law And The War On Terror
International Law Studies
No abstract provided.
Terrorism And The Use Of Force In International Law, Michael Schmitt
Terrorism And The Use Of Force In International Law, Michael Schmitt
International Law Studies
No abstract provided.
The Laws Of War In The War On Terror, Adam Roberts
The Laws Of War In The War On Terror, Adam Roberts
International Law Studies
No abstract provided.
Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal Corp., Joshua E. Kastenberg
Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal Corp., Joshua E. Kastenberg
The University of New Hampshire Law Review
[Excerpt] "On September 18, 2002, the Ninth Circuit Court of Appeals ruled that a United States based corporation can be held civilly liable for “aiding and abetting” the internationally recognized human rights violation of forced labor. This case, Doe v. Unocal Corp.1 (Doe II), is significant for its ramifications to human rights litigation in United States courts as well as to future liability for multinational corporations conducting commerce in foreign states. The uniqueness of this case is found in its precedent. No prior federal court has held a corporation liable for human rights violations under the Alien Tort Claims Act. …
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Sampler Of Religious Experiences In International Law, Mark Weston Janis
A Sampler Of Religious Experiences In International Law, Mark Weston Janis
Faculty Articles and Papers
Religious principles, religious problems, and religious enthusiasts have all played profound, if sometimes little appreciated roles in the development of international law.' This essay highlights the impact of religion on international law by providing a sampler of religious experiences in international law, to wit: three suspicions international lawyers have of religion, two contributions made between religion and international law, and one great and telling similarity between religion and international law.
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Journal Articles
I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …
Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins
UIC John Marshall Journal of Information Technology & Privacy Law
This comment addresses the right to free speech on the Internet. The International Covenant on Civil and Political Rights, an instrument designed to protect the rights of individuals to free speech and expression, is analyzed for effectiveness. The author argues that the “ICCPR”, the most recent international human rights agreement, does not adequately protect Internet users, particularly from governments that may choose to violate citizens’ rights by interfering with computerized communications. The analysis of the “ICCPR” illustrates the purpose, capabilities and weaknesses of the agreement, and offers proposed changes to the act, to protect the rights of both the individual …
Beyond The Black Heart: The United States And Human Rights, Daniel J. Whelan
Beyond The Black Heart: The United States And Human Rights, Daniel J. Whelan
Human Rights & Human Welfare
A review of:
The United States and Human Rights: Looking Inward and Outward edited by David P. Forsythe. Lincoln: University of Nebraska Press, 2000. 404pp.
In Our Own Best Interest: How Defending Human Rights Benefits Us All by William F. Shultz. Boston: Beacon Press, 2001. 235pp.
In the National Interest, 2001: Human Rights Policies for the Bush Administration by the Lawyers Committee for Human Rights. New York: Lawyers Committee for Human Rights, 2001. 157pp.
Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze
Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze
Human Rights & Human Welfare
A review of:
Hard Choices: Moral Dilemmas in Humanitarian Intervention edited by Jonathan Moore. New York: Rowman & Littlefield, 1999. 322pp.
Humanitarian Intervention: Ethical, Legal, and Political Dilemmas edited by J. L. Holzgrefe and Robert O. Keohane. New York: Cambridge University Press, 2003. 350pp.
Giving Meaning To Economic, Social And Cultural Rights: A Continuing Struggle, Kitty Arambulo
Giving Meaning To Economic, Social And Cultural Rights: A Continuing Struggle, Kitty Arambulo
Human Rights & Human Welfare
A review of:
Giving Meaning to Economic, Social and Cultural Rights edited by Isfahan Merali and Valerie Oosterveld. Philadelphia: University of Pennsylvania Press (Pennsylvania Studies in Human Rights), 2001. 280pp.
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
All Faculty Scholarship
Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …
Questioning The Universality Of Human Rights, Paul J. Magnarella
Questioning The Universality Of Human Rights, Paul J. Magnarella
Human Rights & Human Welfare
A review of:
Universal Human Rights? edited by Robert G. Patman. New York: St. Martin’s Press, 2000. 244pp.
and
Dealing with Human Rights: Asian and Western Views on the Value of Human Rights edited by Martha Meijer. Bloomfield, CT: Kumarian Press, 2001. 183pp.
and
The Philosophy of Human Rights by Patrick Hayden. St. Paul: Paragon House, 2001. 686pp.
The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson
The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula
Overlooked Danger: The Security And Rights Implications Of Hindu Nationalism In India, Smita Narula
Elisabeth Haub School of Law Faculty Publications
This Article will examine the rise of Hindu nationalism in India and provide an overview of its already devastating consequences. In February and March 2002, over 2000 people were killed in state-supported violence against Muslims in the western state of Gujarat, led by the Hindu nationalist BJP that also heads a coalition government at the center. The attacks were carried out with impunity by members of the BJP, the Rashtriya Swayamsevak Sangh (“RSS,” National Volunteer Corps), the Vishwa Hindu Parishad (“VHP,” World Hindu Council), and the Bajrang Dal (the militant youth wing of the VHP). Collectively, these groups are known …
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Articles & Book Chapters
This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.
The International Human Rights Status Of Elderly Persons, Claudia Martin, Diego Rodriguez-Pinzon
The International Human Rights Status Of Elderly Persons, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran
Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran
Articles
The advantages of world adherence to universally acceptable standards of law and fundamental rights seemed apparent after the Second World War, as they had after the First. Their appeal seems ever greater and their advocates ever more persuasive today. The history of law provides evidence that caution may be in order, however, and that the human propensity to ignore what transpires under the surface of law threatens to dull and silence the ongoing self-examination and self-criticism required in perpetuity by the law if it is to be correlated with justice.
This Essay presents one side, the dark side, of the …
Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah
Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah
Faculty Publications
International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …