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- International Criminal Court; ICC; International Criminal Tribunal for the Former Yugoslavia; ICTY; International Tribunal for Rwanda; ICTR; International Criminal Law; Ad Hoc International Criminal Tribunals; Rome Statute; African Union; AU; Sudan; Kenya; Vienna Convention; International Court of Justice; ICJ; Special Court for Sierra Leone; Extraordinary Chambers in the Courts of Cambodia; Iraqi High Tribunal; War Crimes Chamber of Courts of Bosnia and Herzegovina; Special Tribunal for Lebanon; Primacy; U.N. Security Council; U.N. Charter; ICC Appeals Chamber; Admissability; Unavailability; Sufficient Gravity; Crimes Against Humanity; War Crimes; Genocide; Security Council Resolutions; International Law; African Charter on Human and Peoples Rights; United Kingdom; UK; Africa; Criminal Law; Al-Bashir; Darfur; African Criminal Court (1)
- Lethal autonomous weapons systems; LAWS; robot; robots; United States; ethics; force; legal accountability; IHL; international humanitarian law; Cold War; treaties; Ottawa Convention; Group of Governmental Experts; nuclear weapons; non-proliferation; war; technology (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)
- Sanctions; international sanctions regimes; public international law; targeted sanctions; United States; European Union; United Nations; Security Council; Iraq; human rights law; Loizidou; CEDAW Committee; international humanitarian law; international criminal law; ICJ; ILC; Draft Articles; (1)
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- Syria; Pinheiro Principles; United Nations High Commissioner for Refugees; UNHCR; Refugees; Displaced Persons; Internal Displacement; reconstruction; Public-Private Partnership; PPP; Housing; Land; and Property Rights; HLP; forced population transfers; reconciliation and evacuation; Bashar al-Assad; Useful Syria; Damascus; Aleppo; Executive Secretary of the United Nations Economic and Social Commission for Western Asia; ESCWA; National Agenda for the Future of Syria; Land Tenure System; Musha; Agrarian Reform Law; Land Reform; Ba'ath Party; Agricultural Reform Law; Real Estate Development and Investment Law; Law 33 of 2008; Law 1 of 2003; Restitution; Sudan Human Rights Org. & Ctr. on Hous. Rights & Evictions v. Sudan; African Commission on Human and Peoples' Rights; European Court of Human Rights; ECHR; European Convention on Human Rights; International Covenant on Civil and Political Rights; ICCPR; Human Rights Committee; HRC; Draft Articles on Responsibility of States for Internationally Wrongful Acts; International Court of Justice; ICJ; Permanent Court of International Justice; Kopecky v. Slovakia; Legislative Decree Law 5; Legislative Decree Law 107; Urban Development; National Partnership; Corruption (1)
- U.N.; United Nations; Human Rights; Gender-Based Violence; Gender; State Responsibility; U.N. Peacekeeping; Central African Republic; CAR; Status of Force Agreements; Peacekeeper Misconduct; Armed Conflict; Sex Crimes; Rape; Jurisdiction; Prosecuting; Peacekeeping Mission; Troop Contributing; Séléka; Resolution 2127; Violence Against Women; Women's Rights; U.N. Department of Peacekeeping Operations; DPKO; Codes of Conduct; Military Personnel; Soldier Conduct; Sexual Violence; Peacekeeping Accountability; U.N. Truce Supervision Organization; UNTSO; African Union; AU; United Nations Multidimensional Integrated Stabilization Mission in Central African Republic; MINUSCA; International Criminal Court; ICC (1)
- Venezuela; Chavez; Maduro; Capabilities Approach; Amartya Sen; Senian approach; freedoms; human rights; IACHR; humanitarian; crisis; Nussbaum (1)
Articles 1 - 8 of 8
Full-Text Articles in Military, War, and Peace
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 …
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law
This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Brooklyn Journal of International Law
Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …
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 …
Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo
Pull And Push'- Implementing The Complementarity Principle Of The Rome Statute Of The Icc Within The Au: Opportunities And Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo
Brooklyn Journal of International Law
The complementarity principle of the Rome Statute of the International Criminal Court (ICC) is an international legal principle that governs the relationship between two; sometimes; contrasting international principles of law; namely sovereign equality of States and the international community’s duty to end impunity for international core crimes. Article 17 of the Rome Statute envisages that States maintain primary jurisdiction to investigate and prosecute international crimes; while the ICC’s jurisdiction to prosecute when States are unwilling or genuinely unable to carry out such investigations or prosecutions constitutes the exception. This article provides an analysis of this principle in the context of …
Prosecuting U.N. Peacekeepers For Sexual And Gender-Based Violence In The Central African Republic, Sophia Genovese
Prosecuting U.N. Peacekeepers For Sexual And Gender-Based Violence In The Central African Republic, Sophia Genovese
Brooklyn Journal of International Law
Women and children living in armed conflict are amongst the most vulnerable populations at-risk of sexual and gender-based violence. When U.N. peacekeepers arrive to help dispel conflict; these populations believe that the soldiers in blue helmets will protect them. Instead; hundreds of women and children in the Central African Republic have reported being raped and sexually violated by U.N. peacekeepers. Despite compelling evidence to validate these claims; U.N. peacekeepers who commit these crimes are seldom held accountable. This Note discusses how to hold U.N. peacekeepers accountable for their human rights violations. This Note argues that troop-contributing countries should retain responsibility …
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Brooklyn Journal of International Law
According to the United Nations High Commissioner for Refugees; since 2011; the Syrian conflict has generated roughly 5.4 million refugees; while approximately 6.5 million people are internally displaced within the country; making it the largest internally displaced population in the world. Rebuilding Syria’s infrastructure; homes; and businesses will be an immense task; with cost estimates ranging between $250–$350 billion USD. The Syrian government and the international community have already started to contemplate postwar reconstruction and even wartime reconstruction; despite the ongoing fighting. This Note operates under the assumption that the Syrian government of President Bashar al-Assad will; at a minimum; …