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Articles 1 - 30 of 78
Full-Text Articles in International Humanitarian Law
The Limits Of Executive Action For Human Rights, Henry Krisch
The Limits Of Executive Action For Human Rights, Henry Krisch
Human Rights & Human Welfare
Between 2001 and 2006 Alejandro Toledo served as President of Peru. He entered office committed to, in his words, “restoring the democratic institutions that had suffered from a steady deterioration during the previous decade,” (that is, during the rule of former President Alberto Fujimori). Moreover, he took up the task of providing Peruvian society with “a full accounting of the atrocities that had occurred in previous decades.” This personal commitment to re-establishing a functioning democracy based on the rule of law, a commitment based in part on his participation in the anti-Fujimori demonstrations, lead him to seek an honest accounting …
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Human Rights & Human Welfare
The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …
The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell
The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell
San Diego International Law Journal
This Article explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza's borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior ... lack any basis in international law. By contrast, Palestinian behaviors that are rarely criticized constitute severe violations of international law.
Human Rights Law On Trial In The Drc, William Paul Simmons
Human Rights Law On Trial In The Drc, William Paul Simmons
Human Rights & Human Welfare
The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.
Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran
Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran
Human Rights & Human Welfare
When asked to discuss the humanitarian tragedy in the DRC, the question really is where to start? The article by Adam Hochschild discusses some of the most horrific events and experiences imaginable: widespread killings of unarmed civilians, rape, torture and looting, the recruitment of child soldiers, and the forced displacement of hundreds of thousands of people. The immediate human response is who is to blame, how did it happen and how can the world apparently do nothing?
If They Just Weren't So Rich!, Anja Mihr
If They Just Weren't So Rich!, Anja Mihr
Human Rights & Human Welfare
The deadliest war on earth-as it is called-in the Democratic Republic of Congo (DRC) will only end when the country's richness fades or is kept under surveillance. Human rights and peace might have a chance if Congo's lucrative diamond, gold or coltan mines were under shared control by non-profit agencies or international organizations with the intention to spread the mines' benefits and wealth among the Congolese people. Wishful thinking? Most likely it is, but what other alternative is there? The country's extraordinary wealth in natural resources is the main reason for the immense corruption, the extermination of entire villages, the …
Afghanistan And The Nature Of Conflict, Charles Garraway
Afghanistan And The Nature Of Conflict, Charles Garraway
International Law Studies
No abstract provided.
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
Us Detention Of Taliban Fighters: Some Legal Considerations, Stephane Ojeda
International Law Studies
No abstract provided.
Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns
Jus Ad Pacem In Bello? Afghanistan, Stability Operations, And The International Law Relating To Armed Conflicts, David Turns
International Law Studies
No abstract provided.
Stability Operations: A Guiding Framework For "Small Wars" And Other Conflicts Of The Twenty-First Century, Kenneth Watkin
Stability Operations: A Guiding Framework For "Small Wars" And Other Conflicts Of The Twenty-First Century, Kenneth Watkin
International Law Studies
No abstract provided.
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy
International Law Studies
No abstract provided.
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
The Law Of Armed Conflict And Detention Operations In Afghanistan, Matthew C. Waxman
International Law Studies
No abstract provided.
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
International Law Studies
No abstract provided.
Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper
Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper
International Law Studies
No abstract provided.
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
Making The Case For Conflict Bifurcation In Afghanistan: Transnational Armed Conflict, Al Qaida, And The Limits Of Associated Militia Concept, Geoffrey S. Corn
International Law Studies
No abstract provided.
Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson
Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson
International Law Studies
No abstract provided.
Afghanistan Legal Lessons Learned: Army Rule Of Law Operations, Eric Talbot Jensen, Amy M. Pomeroy
Afghanistan Legal Lessons Learned: Army Rule Of Law Operations, Eric Talbot Jensen, Amy M. Pomeroy
International Law Studies
No abstract provided.
Terrorism And Afghanistan, Yoram Dinstein
Terrorism And Afghanistan, Yoram Dinstein
International Law Studies
No abstract provided.
Legal Issues In Forming The Coalition, Alan Cole
Legal Issues In Forming The Coalition, Alan Cole
International Law Studies
No abstract provided.
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli
International Law Studies
No abstract provided.
International Legal Dynamics And The Design Of Feasible Missions: The Case Of Afghanistan, W. Michael Reisman
International Legal Dynamics And The Design Of Feasible Missions: The Case Of Afghanistan, W. Michael Reisman
International Law Studies
No abstract provided.
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
The International Legality Of Us Military Cross-Border Operations From Afghanistan Into Pakistan, Sean D. Murphy
International Law Studies
No abstract provided.
Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis
Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis
International Law Studies
No abstract provided.
Justice After War: Sri Lanka And The Rights And Duties Of A Vanquisher, William Paul Simmons
Justice After War: Sri Lanka And The Rights And Duties Of A Vanquisher, William Paul Simmons
Human Rights & Human Welfare
Human rights scholars, attorneys, and activists will deservedly focus on the human rights abuses committed by the Sri Lankan military as the decades - long civil war against the Tamil Tigers came to a crushing end this past spring. The military’s brutality, especially its failure to discriminate combatants from non-combatants, should be investigated by both domestic and transnational institutions. It remains to be seen whether such wanton disregard for civilian collateral damage will become the norm for regimes embroiled in civil wars and present yet another realpolitik threat to humanitarian law, or will Sri Lanka and other regimes face accountability …
International Criminal Justice Must Not Only Be Done, It Must Be Seen To Be Done, Rhona Smith
International Criminal Justice Must Not Only Be Done, It Must Be Seen To Be Done, Rhona Smith
Human Rights & Human Welfare
“[U]ntil a time in which the global governance structure is not reliant on states, humanity will continue to fail in its attempt to protect global human rights” (Eric Leonard, June 2008 Roundtable). Discourse across a range of disciplines (e.g. Roundtable comments by Landman in October 2008, and Thomson-Jensen and co-panelists in May 2007), irrespective of the methods of evaluation, conclude that the existing system of “human rights protection” fails those whose rights are heinously violated: millions die annually as a direct result of violations of basic human rights (food, clean water, adequate health); gross and systematic violations of human rights …
May Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Case Closed: A Prosecutor Without Borders” by Julie Flint and Alex de Waal. World Affairs. Spring 2009.
Character Assassination In The Court Of Public Opinion, Tyler Moselle
Character Assassination In The Court Of Public Opinion, Tyler Moselle
Human Rights & Human Welfare
Alex de Waal and Julie Flint employ character assassination on Luis Moreno Ocampo in their World Affairs article “Case Closed: A Prosecutor Without Borders.” Ironically, they are guilty of the same crime they accuse Ocampo of: being overly occupied with the court of public opinion. Or perhaps, that is the only court they as Sudan specialists, and Ocampo as the ICC’s first Prosecutor, have recourse to when attempting to right the wrongs of injustice.
The Prosecutor Of The Icc: Too Political, Not Political Enough, Or Both?, Chandra Lekha Sriram
The Prosecutor Of The Icc: Too Political, Not Political Enough, Or Both?, Chandra Lekha Sriram
Human Rights & Human Welfare
Much of the criticism of the behavior of the prosecutor of the International Criminal Court, Luis Moreno-Ocampo, revolves around two apparently contradictory criticisms, although both may well be true: that he is too political, and that he is not political, or politically savvy, enough. Certainly, his rush to pursue high-profile indictments, contemporaneous with his pursuit of the “low-hanging fruit” (supposedly easy cases such as that of Thomas Lubanga Dyilo), suggest a prosecutor with sharp political instincts and a recognition of the need for a new institution to have a few “quick wins.” Yet, simultaneously, his blundering approach with respect to …
Case Posed: But Can The Prosecution Rest?, Charli Carpenter
Case Posed: But Can The Prosecution Rest?, Charli Carpenter
Human Rights & Human Welfare
Julie Flint and Alex de Waal have published a damning article about the ICC prosecutor Luis Moreno Ocampo which reads, by extension, as a trouncing of the entire institution. I’m not in the loop with the court’s day-to-day politics well enough to offer an informed counter-argument, so instead, by way of playing devil’s advocate, let me agree for argument’s sake with a number of the authors’ claims, hyperbolic and partisan though they sound at places, and then (again for argument’s sake), push back on the assumptions the authors make about the implications of those claims.