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International Humanitarian Law Commons™
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- Compliance agent; Law of war; International courts; Nongovernmental organizations (NGOs); Public opinion; Multilateral treaty negotiations; Interdeterminacy; United Nations Security Council; U.N. Charter; International peace; International security; Advisory regime; Humanitarian; International advisors; Military; International Court of Justice (ICJ); International courts; Economic sanctions; Military operations; Political feasibility; Soft law; U.N. Secretary General; Humanitarian law; Treaties; Armed conflict; First Additional Protocol to the Geneva Conventions; Supreme Court of Israel; International Committee of the Red Cross (ICRC); United Nations; Rome Statute; International Criminal Court (ICC); International criminal law; European Court of Human Rights (ECtHR); Inter-American Court of Human Rights; European Convention for the Protection of Human Rights and Fundamental Freedoms; European Court of Justice (ECJ); European Union; European Union Law; Customary international law; Foreign policy (1)
- Guantánamo Bay; Detainees; Habeas Corpus; ICCPR; ECHR; National Defense Authorization Act; AUMF; United Kingdom; United States; Belmarsh Prison; Active Hostilities; Geneva Conventions; War in Afghanistan; International Human Rights; International Treaties; Executive Branch; Supreme Court; Indefinite Detention (1)
- Palestine; PLO; Palestine Liberation Organization; United Nations; Hyderabad; Ossetia; U.N.; jus cogens; jus in bello; jus ad bellum; Treaties; Treaty Regimes; UNESCOl WHO; IMF; ICC (1)
- Sanctions; international sanctions regimes; public international law; targeted sanctions; United States; European Union; United Nations; Security Council; Iraq; human rights law; Loizidou; CEDAW Committee; international humanitarian law; international criminal law; ICJ; ILC; Draft Articles; (1)
- Statehood; Relative Statehood; Functional Statehood; De Facto Statehood; De Jure Statehood; Quasi-Statehoood; ex injuria non jus oritur; Contemporary International Law; Customary International Law; International Law; Legal Personality; Private Rights; Human Rights; International Criminal Law; Use of Force; Immunity (1)
Articles 1 - 5 of 5
Full-Text Articles in International Humanitarian Law
Indefinite Detention At Guantánamo: How The National Defense Authorization Act Results In Indefinite Detention In Violation Of International Human Rights, Molly Turro
Brooklyn Journal of International Law
The majority of the remaining detainees at Guantánamo Bay have been cleared for transfer to other countries. Provisions of the National Defense Authorization Act that prohibit government funds to be used for transfer and reinforce the United States government’s authority to detain enemy combatants until the end of active hostilities have left these detainees waiting in limbo to be transferred elsewhere. The following piece argues that the resulting indefinite detention that these Guantánamo detainees face is both a violation of international human rights and an unnecessary financial burden on the US government. This Note compares the approach taken by the …
Functional Statehood In Contemporary International Law, William Thomas Worster
Functional Statehood In Contemporary International Law, William Thomas Worster
Brooklyn Journal of International Law
The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law
This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …
Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach
Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach
Brooklyn Journal of International Law
Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council (SC) action establishing an international advisory regime and using the broad powers of the SC to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would represent …
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …