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International Humanitarian Law Commons

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All Articles in International Humanitarian Law

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810 full-text articles. Page 1 of 22.

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl 2016 Transnational Law Institute, Washington & Lee University School of Law

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Classifying The Conflict In Syria, Terry D. Gill 2016 U.S. Naval War College

Classifying The Conflict In Syria, Terry D. Gill

International Law Studies

This article examines the classification of the current armed conflict in Syria under international humanitarian law. The article first sets out the factual background identifying the principal parties and their alignments and motivations. It then proceeds to examine the question of classification of conflict under international humanitarian law and discusses the contentious issue of the effect of lack of consent by the government of a State in relation to foreign intervention in an ongoing non-international armed conflict when such intervention is directed against one or more armed groups operating from within that State’s territory. It then proceeds to apply ...


Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015), Ines Gillich 2016 Johannes Gutenberg-University of Mainz, Germany

Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015), Ines Gillich

Pace International Law Review

This Article identifies and critically analyzes the contributions the International Court of Justice (ICJ) made to the international law against genocide via the judgment in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) of February 3, 2015. This Article elaborates on the concept of genocide—a term that has originally been coined after the Armenian Genocide and the Holocaust—and the protection against this “crime of crimes” under international law. The analysis section of this Article refers to the historical and procedural context of the dispute between Croatia and Serbia in ...


The Combatant's Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin 2016 Cornell Law School

The Combatant's Stance: Autonomous Weapons On The Battlefield, Jens David Ohlin

Jens David Ohlin

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance” — the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for ...


The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl 2016 Washington University School of Law in St. Louis

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Mark A. Drumbl

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of ...


Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner 2016 University of Georgia School of Law

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner 2016 University of Georgia School of Law

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin 2016 University of Georgia School of Law

Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi 2016 University of Georgia School of Law

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal 2016 UNICEF

Child Protection In Times Of Conflict And Children And International Criminal Justice, Kerry L. Neal

Georgia Journal of International & Comparative Law

No abstract provided.


Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl 2016 Transnational Law Institute, Washington & Lee University School of Law

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Georgia Journal of International & Comparative Law

No abstract provided.


Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone 2016 William & Mary Law School

Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone

Georgia Journal of International & Comparative Law

No abstract provided.


Convening Experts On Children And International Criminal Justice, Diane Marie Amann 2016 University of Georgia School of Law

Convening Experts On Children And International Criminal Justice, Diane Marie Amann

Georgia Journal of International & Comparative Law

No abstract provided.


A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust 2016 Yale University

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni 2016 Seattle University School of Law

Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni

Seattle University Law Review

Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it ...


Book Review: International Protection Of Human Rights. By Louis B. Sohn And Thomas Buergenthal. Indianapolis, Indiana. Bobbs-Merrill Co. 1973., W. Paul Gormley 2016 University of Georgia School of Law

Book Review: International Protection Of Human Rights. By Louis B. Sohn And Thomas Buergenthal. Indianapolis, Indiana. Bobbs-Merrill Co. 1973., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.


The Family Abandoned By A Migrant, Dr. T. Stark 2016 St. John's University School of Law

The Family Abandoned By A Migrant, Dr. T. Stark

The Catholic Lawyer

No abstract provided.


The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn 2016 John Marshall Law School

The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn

Steven D. Schwinn

1. The John Marshall Law School International Human Rights Clinic is a law school student-practice clinic that is committed to the investigation of human rights abuses, the publication of abuses, and the protection against abuses within the United States and around the world.

2. The International Human Rights Clinic has been investigating human rights abuses arising out of a systematic practice of government officials and cooperating private individuals to relocate homeless, drug-addicted persons to putative drug-treatment centers in Chicago, Illinois. In fact, these so-called drug-treatment centers deprive individuals of their physical liberty; fail to provide adequate food, shelter, and other ...


The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl 2016 Washington University School of Law in St. Louis

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Faculty Scholarship

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of ...


Syria: Can International Law Cope? Workshop Report, Christopher M. Ford 2016 U.S. Naval War College

Syria: Can International Law Cope? Workshop Report, Christopher M. Ford

International Law Studies

The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow ...


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