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International Humanitarian Law Commons™
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Articles 1 - 14 of 14
Full-Text Articles in International Humanitarian Law
The Effectiveness Of Inter-American Commission’S Reports On Capital Punishment Petitions Against The United States: Where Do We Go From Here?, Alexandria Faura
The Effectiveness Of Inter-American Commission’S Reports On Capital Punishment Petitions Against The United States: Where Do We Go From Here?, Alexandria Faura
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Nazi-Confiscated Art: Eliminating Legal Barriers To Returning Stolen Treasures, Stephanie J. Beach
Nazi-Confiscated Art: Eliminating Legal Barriers To Returning Stolen Treasures, Stephanie J. Beach
Loyola of Los Angeles Law Review
World War II ended over three-quarters of a century ago, but there still remain prisoners of war. Before and during the war, the Nazis confiscated approximately 650,000 works of art—an “art theft” orchestrated by Adolf Hitler to rid society of Jewish art and artists and to collect worthy works to build his own art capital. Seventy-five years later, looted Holocaust-era artworks are still either undiscovered or in the possession of museums across the globe without proper ownership attribution or payment to Holocaust survivors or their heirs. There are modern remedies, such as the 1998 Washington Conference on Holocaust Era Assets, …
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford
Loyola of Los Angeles International and Comparative Law Review
Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …
Flor Freire V. Ecuador, Raymond Chavez
Flor Freire V. Ecuador, Raymond Chavez
Loyola of Los Angeles International and Comparative Law Review
This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.
Rochac Hernández Et Al. V. El Salvador, Kimberly E. Barreto
Rochac Hernández Et Al. V. El Salvador, Kimberly E. Barreto
Loyola of Los Angeles International and Comparative Law Review
This case is about the forced disappearance of five children during El Salvador’s Civil War. The State forcedly took thousands of children to curb rebel forces in rural areas. Unsurprisingly, the Court found violation of several articles of the American Convention, but the case is notable because it addresses Article 19 (Rights of the Child), an article of the Convention rarely discussed.
The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend
The United Nations Compensation Commission: Mass Reparations Apotheosis, Gregory Townsend
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King
Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya
Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
A Triumphant Victory For Gay Rights In Belize Lays The Foundation For A Domino Effect Throughout The Caribbean, Lauren Tisdale
A Triumphant Victory For Gay Rights In Belize Lays The Foundation For A Domino Effect Throughout The Caribbean, Lauren Tisdale
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho
Loyola of Los Angeles Law Review
In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …
Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Law Of War Developments Issue Introduction, David Glazier
Law Of War Developments Issue Introduction, David Glazier
Loyola of Los Angeles Law Review
No abstract provided.
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Loyola of Los Angeles Law Review
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …