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International Humanitarian Law Commons

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St. Mary's University

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Articles 1 - 13 of 13

Full-Text Articles in International Humanitarian Law

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos Nov 2021

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


A Human Rights Crisis Under Our Roof, Aglae Eufracio Oct 2021

A Human Rights Crisis Under Our Roof, Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine Jul 2020

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …


Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello Dec 2019

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills Jun 2019

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo Aug 2018

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore May 2018

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman May 2017

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho Jan 2017

What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho

St. Mary's Law Journal

Abstract forthcoming.


Recommendations On Abolishing Detention Education System For Sex Workers And Their Clients In Mainland China., Jia Ping Renzong, Liuwei Renzong, Qui Renzong Jan 2015

Recommendations On Abolishing Detention Education System For Sex Workers And Their Clients In Mainland China., Jia Ping Renzong, Liuwei Renzong, Qui Renzong

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Using International Human Rights Law To Combat Racial Discrimination In The U.S. Criminal Justice System., Terrence Rogers Dec 2011

Using International Human Rights Law To Combat Racial Discrimination In The U.S. Criminal Justice System., Terrence Rogers

The Scholar: St. Mary's Law Review on Race and Social Justice

Statistics tend to show Black people commit most of the crime in the United States. Those statistics fail to account for unequal treatment of minorities at each stage of the criminal justice system. This unequal treatment may take the form of buy-and-bust operations, racial profiling, street sweeps, and other police activities which target people in low-income communities populated mainly by minorities. The American criminal justice system contains a cyclical, self-perpetuating aspect to the treatment of certain minorities. These perceptions direct a disproportionate amount of law enforcement attention on minorities, which leads to disproportionate arrests of minorities. The result shows racial …


The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard Dec 2010

The United States' Failure To Ratify The International Covenant On Economic, Social And Cultural Rights: Must The Poor Be Always With Us., Ann M. Piccard

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States remains one of only half a dozen U.N. member states that have yet to ratify the International Covenant on Economic, Social and Cultural Rights. The treaty was signed by President Jimmy Carter in 1977, but no steps toward ratification have ever been taken. Meanwhile, the gap between the rich and the poor in this country continues to grow, and is among the highest of any democracy on earth. The United States is historically suspicious of even recognizing economic, social and cultural rights as “rights” that might be amenable to any method of enforcement. As a result, the …


Execution Of Foreign Sentences In The United States: A Treaty With Mexico., Patrick J. Kennedy Jr. Mar 1977

Execution Of Foreign Sentences In The United States: A Treaty With Mexico., Patrick J. Kennedy Jr.

St. Mary's Law Journal

Abstract Forthcoming.