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- DNA; DNA testing; Argentina; right to truth; right to privacy; civil war; litigation; identity; orphans; orphan (1)
- European Union; Hungary; refugees; refugee crisis; migration crisis; refugee law; asylum; immigrants; immigration; European Union Charter of Fundamental Rights; civil society organizations; CSOs; humanitarian crisis; Council of Europe; Viktor Orbán; Stop Soros bills; immigration legislation; European Convention on Human Rights; ECHR; Fundamental Law of Hungary; Fidesz Party; TFEU; Refugee Convention; Bill 353/A; immigration tax; freedom of expression; freedom of association (1)
- Nagorno-Karabakh; Armenia; Azerbaijan; occupation; corrupt; frozen conflict; Fourth Geneva Convention; Hague Regulations; international law; corrupt occupation; occupied territory (1)
- Occupation; Palestinian Territories; Occupied Palestinian Territories; Palestine; Israel; Israeli occupation; West Bank; occupying power; control; international law; prolonged occupation; legal framework; economic development; security; public order; normative interpretive approach; termination; interpretative approach; good faith; temporality; self-determination; Eyal Benvenisti; IHL; international humanitarian law; Adam Roberts; Hague Regulations; Fourth Geneva Convention; Chinkin; ECtHR; ICJ; Ja'amait Ascan; High Court of Justice; Aeyal Gross; Ben-Naftali; Michaeli (1)
- Venezuela; Chavez; Maduro; Capabilities Approach; Amartya Sen; Senian approach; freedoms; human rights; IACHR; humanitarian; crisis; Nussbaum (1)
Articles 1 - 5 of 5
Full-Text Articles in Military, War, and Peace
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Brooklyn Journal of International Law
During the Dirty War—a seven year repression by the Argentinian junta of political dissidents and alleged subversives—an estimated 500 babies were stolen from their mothers while imprisoned and given to leading military officials as "adopted" children. These children had their true identities erased and replaced with a false one covering up their true origins. This Note will explore Argentina's response to the Dirty War. Namely, it will consider the tension between the right to truth—an international right right often associated with enforced disappearances—and the right to privacy. In particular, it will consider cases in which adults resisted DNA testing to …
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law
Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Brooklyn Journal of International Law
The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Brooklyn Journal of International Law
In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Brooklyn Journal of International Law
For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …