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International Humanitarian Law Commons™
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Articles 1 - 6 of 6
Full-Text Articles in International Humanitarian Law
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi
LLM Theses
The responsibility to protect (R2P) doctrine allows the international community to intervene for humanitarian purposes in events of massive violations of human rights. However, the legality of humanitarian intervention has received considerable critical attention because of its direct conflict with two fundamental norms in international law: the prohibition of the use of force, and the principle of state sovereignty. In Syria, mass atrocity crimes are escalating on a daily basis. Until now, international efforts have failed to find a peaceful formula to stop the crisis. International law allows the Security Council to authorize humanitarian intervention under the power of Chapter …
Undocumented Migrants And The Failures Of Universal Individualism, Jaya Ramji-Nogales
Undocumented Migrants And The Failures Of Universal Individualism, Jaya Ramji-Nogales
Vanderbilt Journal of Transnational Law
In recent years, advocates and scholars have made increasing efforts to situate undocumented migrants within the human rights framework. Few have examined international human rights law closely enough to discover just how limited it is in its protections of the undocumented. This Article takes that failure as a starting point to launch a critique of the universal individualist project that characterizes the current human rights system. It then catalogues in detail the protections available to undocumented migrants in international human rights law, which are far fewer than often assumed. The Article demonstrates through a close analysis of relevant law that …
The Judge And The Drone, Justin Desautels-Stein
The Judge And The Drone, Justin Desautels-Stein
Publications
Among the most characteristic issues in modern jurisprudence is the distinction between adjudication and legislation. In the some accounts, a judge's role in deciding a particular controversy is highly constrained and limited to the application of preexisting law. Whereas legislation is inescapably political, adjudication requires at least some form of impersonal neutrality. In various ways over the past century, theorists have pressed this conventional account, complicating the conceptual underpinnings of the distinction between law-application and lawmaking. This Article contributes to this literature on the nature of adjudication through the resuscitation of a structuralist mode of legal interpretation. In the structuralist …
International Criminal Law For Retributivists, Alexander K.A. Greenawalt
International Criminal Law For Retributivists, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
Responding to the proliferation of international criminal tribunals during the last two decades, scholars have engaged in a rich debate about the normative foundations of international criminal law (“ICL”). The retributive theory of punishment--which justifies punishment based on the culpability of the accused, rather than by reference to its social benefits--has met with significant skepticism in these discussions. Some have argued that unique features of international criminal justice--for example, the extreme selectivity of punishment or the lack of certain social or political preconditions--are a poor match for retributive theory. Others have ignored retributivism altogether, or afforded the theory only passing …
Deciding To Intervene, Anna Spain
Deciding To Intervene, Anna Spain
Publications
Decisions about intervention into today's armed conflicts are difficult, dangerous, and politically complicated. There are no safe choices. Amid the climate of urgency and uncertainty in which intervention decision-making occurs, international law serves as a guide by providing rules about the legality of intervention. These rules assert that, except for in cases of self-defense, choices about when and how to intervene are to be made by the United Nations Security Council. What the rules do not provide, however, is effective guidance for the political choices the Council makes, such as how to prioritize among competing norms. When, for example, should …
Humanitarian Intervention Post-Syria: Legitimate And Legal?, Milena Sterio
Humanitarian Intervention Post-Syria: Legitimate And Legal?, Milena Sterio
Law Faculty Articles and Essays
This article looks at the state of affairs under international law by focusing on the existing ban on the use of force and the established exceptions thereto as of December 2014. Topics discussed include the concept of humanitarian intervention, the civil crises in Syria, and international law for the legality of military intervention in Syria. It also examines Harold Koh's proposed normative framework for humanitarian intervention.