Open Access. Powered by Scholars. Published by Universities.®
International Humanitarian Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
Full-Text Articles in International Humanitarian Law
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
American University International Law Review
Kyi sat on the banks of the Inya Lake, saying goodbye to the place they said was no longer her home. The government of Myanmar had given her an option: leave or be arrested. She felt lucky to leave; most activists she knew did not get a warning first. A few kilometers away, her parents’ graves sat cleaned, adorned with fresh flowers. She hoped her sister would keep up the task in her absence, but she hadn’t been able to get ahold of her in quite some time. The feeling of the country was getting more concerned—"frantic" she explained, laughing, …
The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan
The Slippery Concept Of "Object And Purpose" In International Criminal Law, Patrick J. Keenan
American University International Law Review
In little more than twenty-five years, the field of international criminal law has grown from a small slice of public international law into a functioning system of international justice, complete with multiple juridical bodies and substantial scholarly attention. Building on the legacy of the Nuremberg Tribunals and drawing from international humanitarian law, human rights law, and domestic criminal law principles, international criminal law has become its own discipline. Creating any new field of law is a complicated endeavor; this is especially true when the field affects and is affected by so many politically sensitive issues. Throughout this doctrinal experiment, one …
The Dialogic Function Of I.C.J. Provisional Measures Decisions In The U.N. Political Organs: Assessing The Evidence, Michael Ramsden, Jiang Zixin
The Dialogic Function Of I.C.J. Provisional Measures Decisions In The U.N. Political Organs: Assessing The Evidence, Michael Ramsden, Jiang Zixin
American University International Law Review
The aim of this article is to consider the degree to which provisional measures ordered by the International Court of Justice (I.C.J.) have influenced United Nations (U.N.) diplomacy and the exercise of functions by its political organs in the areas of international peace, security, and human rights. This article evaluates this influence by examining decisions in which the I.C.J. indicated provisional measures, denoting the remedy available to the Court, on an interim basis, to restrain or instruct the parties to take certain measures to preserve either or both parties’ rights pending the outcome of the case. In doing so, this …
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue
American University International Law Review
El fenómeno del cambio climático es una de las mayores amenazas para la garantía y protección de los derechos humanos a nivel global. Las consecuencias adversas del cambio climático, tales como incremento en el nivel del mar, el aumento de eventos meteorológicos extremos, la perdida de biodiversidad y las sequías, son susceptibles de ocasionar varias violaciones a los derechos humanos en las Américas. Estas violaciones a los derechos humanos se manifiestan con mayor intensidad en determinados grupos poblacionales que se encuentran expuestos de forma desproporcionada a la degradación medioambiental debido a su vinculación especial con los recursos naturales, pero también, …
Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi
Criminalizing Environmental Degradation And Devastation: New Prospects For The Icc Rome Statute, Kelly Pisimisi
American University International Law Review
Over the last decade, steadily increasing voices are ringing the tocsin to the international community for the impact of human activities on climate and their potential consequences on human life and dignity. The Intergovernmental Panel on Climate Change (IPCC), in its recent (6th) Assessment Report, confirmed this assertion. Greenhouse gas concentrations and emissions (particularly CO2), as well as the retreat of arctic glaciers and the subsequent sea level rise causing—among other issues—the acidification of the oceanic waters, are some of the most evident human-induced implications on climate and the environment.
One Choice Is No Choice At All: Indonesia Is Violating The International Covenant On Civil And Political Rights By Requiring Political Parties To Adhere To Its National Ideology Of Pancasila, Daniel Brezina
American University International Law Review
This Comment argues that Indonesia is violating Articles 1, 18, 22, 25, and 27 of the International Covenant on Civil and Political Rights by requiring that all political parties adhere to its national ideology of Pancasila. This Comment will introduce the ideology of Pancasila and explain how Indonesia came to require political parties to adhere to the ideology. This Comment will also explain what rights the ICCPR guarantees and introduce the UN Human Rights Committee, which is tasked with monitoring signatories’ compliance with the ICCPR. This Comment will explain how Indonesia’s requirement violates several Articles of the ICCPR, including how …
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski
American University International Law Review
A primary initiative of the Philippines’ Rodrigo Duterte’s presidency was the national campaign against drug users and criminals. During the turbulent period that was Duterte’s presidency, journalists who published dissenting views on the drug war frequently became targets of Duterte’s administration, which came in the form of frivolous charges, arrests, banning media outlets, or in some instances, murder. This Comment argues that the Philippines violated international law protections of freedom of expression as codified in Article 19 of the International Covenant on Civil and Political Rights. As a party to this treaty, the Philippines, under Duterte’s administration, unjustifiably restricted speech …
When The Race To Net Zero Becomes A Race To The Bottom: Human Rights Violations In The Renewable Energy Transition And The Extraterritorial Obligation To Protect Human Rights, Yogi Bratajaya
American University International Law Review
Recent reports published by the Intergovernmental Panel on Climate Change (IPCC) have shed light on and confirmed the extent of damages that will result if the world fails to keep global warming below 2°C. Irreversible adverse impacts on our ecosystems and the increasing frequency and intensity of natural disasters will have a significant negative effect on the enjoyment of human rights worldwide. Climate change is already affecting food security through increasing temperatures, changing precipitation patterns, and greater frequency of some extreme events. Additionally, the deteriorating conditions caused by climate change will cause millions of people to leave their homes and …
Prologue, Claudio Grossman, Robert K. Goldman
Prologue, Claudio Grossman, Robert K. Goldman
American University International Law Review
We are pleased to write this prologue for the special issue of the American University International Law Review featuring the winning papers from the 2021 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.
Sexual Violence As A Weapon Of War In Ethiopia's Tigray Region And The Developing Adjudication Of Violations Of The Protocol On The Rights Of Women In Africa, Valerie R. Cook
American University International Law Review
On November 4, 2020, a civil war broke out in the Tigray region of Ethiopia between joint Ethiopian and Eritrean military forces and the Tigray People’s Liberation Front (“TPLF”). The war is in part an ethnic conflict between the newly centralized nationalist government under Prime Minister Abiy Ahmed and the once politically dominant beneficiaries of a federalist system, the TPLF. Sexual violence as a method of war has become a hallmark of this conflict as reports of rape by Ethiopian and Eritrean soldiers against Tigrayan women have increased.
The Emerging Chinese Model Of Statist Human Rights, Ryan Mitchell
The Emerging Chinese Model Of Statist Human Rights, Ryan Mitchell
American University International Law Review
Chinese Communist Party General Secretary Xi Jinping commemorated World Human Rights Day 2018, marking the 70th anniversary of the signing of the Universal Declaration of Human Rights (UDHR), by declaring that “the happy life of the people is the greatest human right.” The comment was issued as part of a message to attendees of a symposium held in Beijing to commemorate the UDHR, celebrate China’s progress in realizing its aims, and articulate an officially-sanctioned vision of future action.
"We Can't Go Back Now": How Japan's Refugee Recognition System Denies Rights And Shirks Obligations To Refugees Fleeing The 2021 Myanmar Coup D'État, Jonathan Morrisey
"We Can't Go Back Now": How Japan's Refugee Recognition System Denies Rights And Shirks Obligations To Refugees Fleeing The 2021 Myanmar Coup D'État, Jonathan Morrisey
American University International Law Review
The February 2021 coup d’état of the democratic Myanmar government sent shockwaves through the country and across Southeast Asia. Myanmar communities abroad protested in solidarity while governments took action to protect their Myanmar residents from deportation. In Japan, the Ministry of Justice granted an Emergency Refuge Measure to thousands of Myanmar residents, permitting conditional visa extensions due to the coup. Nonetheless, some Myanmar residents in Japan sought stronger protections in the form of refugee status. Japan is a party to the 1951 Convention and 1967 Protocol Relating to the Status of Refugees and, accordingly, provides a path to refugee recognition …
Storm Warning: New Zealand's Treatment Of "Climate Refugee" Claims As A Violation Of Internatinal Law, Isabella Zink
Storm Warning: New Zealand's Treatment Of "Climate Refugee" Claims As A Violation Of Internatinal Law, Isabella Zink
American University International Law Review
As some countries begin to acknowledge the increasingly strong effects of climate change, others have struggled with its slow onset of effects for decades. Coastal communities, especially island nations at or slightly above sea level, face not only threats of flooding and damaging storms, but also rising sea levels jeopardizing soil and water health. As citizens of these coastal regions face increasing difficulty accessing food, water, and medical care, the United Nations‘ (“U.N.”) scientific bodies predict there will be staggering numbers of displaced persons within the next few decades. Island nations rising two meters above sea-level face total submersion by …
Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee
Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee
American University International Law Review
No abstract provided.
Going Off The Rails On The Mayan Train: How Amlo’S Development Project Is On A Fast Track To Multiple Violations Of Indigenous Rights, Jared Green
American University International Law Review
No abstract provided.