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All Articles in International Humanitarian Law

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Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak 2017 John Marshall Law School

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups.

Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings.

This gender-based violence has rendered women ...


The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer 2017 Hebrew University of Jerusalem

The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Serious problems exist for cultural heritage protection, and these problems are even more serious when accounting for the protection of sacred space and holy places. The lack of effectiveness of the majority of existing international norms and institutions will be reviewed in this paper, which shall then turn to potential sources for entrenching protection of scared space within states.

The paper shall rely on the human right to freedom of religion or belief as the basis for upholding sacred space given an emerging broader understanding of the right within the human rights framework.

The paper shall principally focus on the ...


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo de Souza Dantas Fico, Leticia Machado Haertel 2017 InterAmerican Court of Human Rights

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


The Business Of Being Good: How It Pays To Be A Humanitarian State, Taylor Benjamin-Britton, Danielle Scherer 2017 Lehigh University

The Business Of Being Good: How It Pays To Be A Humanitarian State, Taylor Benjamin-Britton, Danielle Scherer

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In an era where human rights increasingly take a position of primacy in international relations, certain states have donned the mantle of the humanitarian, prioritizing human rights over nearly every other item on the foreign policy agenda and mainstreaming humanitarianism in other areas of foreign policy.

Existing arguments find that states that advance humanitarian policies are coerced, socialized, or mimicking, but they fail to seriously consider that states may choose and benefit from humanitarianism in several ways. We do not focus on explaining or theorizing why states have chosen to engage in humanitarianism; rather, we offer an analysis of the ...


Re-Imagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Law, Muzima Anaise 2017 Western University

Re-Imagining The Scope Of Children’S Legal Protection During Armed Conflicts Under International Law, Muzima Anaise

Master of Laws Research Papers Repository

The debate on the issue of child soldiers in international law has been mainly framed around the narrow question of whether child soldiers should be prosecuted or deemed innocent victims. This question, while essential, marginalized several considerations related to the multidimensional and intersecting identities and roles of child soldiers. Few scholars have investigated and evidenced the major gaps related to the legal protection of child soldiers in international law. While recognizing the potential related to the analysis on child soldiers’ criminal liability, this research proposes to focus on the examination of their vulnerabilities and to explore the legal foundations for ...


Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio 2017 Cleveland-Marshall College of Law, Cleveland State University

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Milena Sterio

Ahmad Al Faqi Al Mahdi, also known as Abou Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes for intentional attacks against ten religious and historic buildings and monuments. All the buildings that Al Mahdi was charged with attacking had been under UNESCO protection and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian ...


The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler 2017 Sam Houston State University

The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler

FIRE: Forum for International Research in Education

This study aimed at examining the pedagogical needs and challenges of children and young adults living in a refugee camp in France known as the Calais Jungle. Through the researchers’ observations and interviews with volunteer teachers and workers at the camp, insights into their perspectives shed light on the pedagogical needs of refugees. Also, utilizing Paulo Freire’s philosophical stance, this study provides a contextual approach to the educational practices and ideological viewpoints represented within unregulated refugee camp settings.


Saving Lives, Shalini Bhargava Ray 2017 University of Alabama School of Law

Saving Lives, Shalini Bhargava Ray

Boston College Law Review

When Alan Kurdi, a Syrian toddler, drowned in the Mediterranean while fleeing civil war in his home country, the world’s attention turned to the Syrian refugee crisis. Offers to transport and house refugees surged. Private boats set out on the Mediterranean Sea to rescue refugees dying in the water. A billionaire offered to purchase an island on which the refugees could live out their lives. This Article analyzes private humanitarian aid to asylum seekers, a subset of migrants whose claims for refugee protection have not yet been filed or adjudicated, and who typically travel without authorization. This Article determines ...


The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh 2017 Pepperdine University

The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh

Pepperdine Law Review

In recent years, increasing numbers of asylum-seekers from Honduras, Guatemala, and El Salvador crossed into the United States, fleeing gang violence that has driven homicide rates to record levels. These countries, known collectively as the “Northern Triangle,” now make up one of the most violent regions in the world. Transcending petty crime, gangs control entire communities in the Northern Triangle where they operate as de facto governments beyond law enforcement’s control. Gangs practice forced recruitment in these communities, creating a join-or-die gang culture where resisting recruitment is tantamount to opposition. Opposition, in turn, is met with brutal retaliation. The ...


On The Prevention Of Violence, Robert A. Friedlander 2017 St. John's University School of Law

On The Prevention Of Violence, Robert A. Friedlander

The Catholic Lawyer

No abstract provided.


The Culture Of Gender/The Gender Of Culture: Cuban Women, Culture, And Change—The Island And The Diaspora, Berta Esperanza Hernández-Truyol 2017 University of Florida Levin College of Law

The Culture Of Gender/The Gender Of Culture: Cuban Women, Culture, And Change—The Island And The Diaspora, Berta Esperanza Hernández-Truyol

Florida Journal of International Law

The Culture of Gender/The Gender of Culture: Cuban Women, Culture, and Change—The Island and the Diaspora


Cuba, Puerto Rico, The Civil Code, And The Problem Of Transculturation, Pedro A. Malavet 2017 University of Florida Levin College of Law

Cuba, Puerto Rico, The Civil Code, And The Problem Of Transculturation, Pedro A. Malavet

Florida Journal of International Law

Cuba, Puerto Rico, the Civil Code, and the Problem of Transculturation


The Resolution Of Conflicts Of Law - A View From Private International Law In Cuba., Taydit Peña Lorenzo 2017 University of Havana

The Resolution Of Conflicts Of Law - A View From Private International Law In Cuba., Taydit Peña Lorenzo

Florida Journal of International Law

The Resolution of Conflicts of Law - A View from Private International Law in Cuba.


Safeguards In The Cuban Legal System For The Promotion And Protection Of Foreign Investment, Marta Moreno Cruz 2017 University of Florida Levin College of Law

Safeguards In The Cuban Legal System For The Promotion And Protection Of Foreign Investment, Marta Moreno Cruz

Florida Journal of International Law

Safeguards in the Cuban Legal System for the Promotion and Protection of Foreign Investment


Instruments Of Environmental Governance: A Guarantee Of Sustainability In Cuba, Dagniselys Toledano Cordero 2017 University of Havana

Instruments Of Environmental Governance: A Guarantee Of Sustainability In Cuba, Dagniselys Toledano Cordero

Florida Journal of International Law

Instruments of Environmental Governance: A Guarantee of Sustainability in Cuba


General Overview Of Cuban Family Law Legislation, Ana María Álvarez-Tabío Albo 2017 University of Havana

General Overview Of Cuban Family Law Legislation, Ana María Álvarez-Tabío Albo

Florida Journal of International Law

General Overview of Cuban Family Law Legislation


Environmental Legislation And Institutional Framework In Cuba, Daimar Cánovas González 2017 University of Florida Levin College of Law

Environmental Legislation And Institutional Framework In Cuba, Daimar Cánovas González

Florida Journal of International Law

Cuban environmental legislation was not born with the revolutionary process, at least in some of its aspects. Precursors exist from the nineteenth century, provisions related to natural resources, with a clear anthropocentric focus. The Hunting Act [Ley de Caza] of 1884 and the Hunting and Fishing Act [Ley de Caza y Pesca] of January 1909, classified species as useful or harmful, in accordance with a short-term and economic view, to such a point that those species changed place in the space of about 30 years.

In the 1930s, as a consequence of an international trend, the creation of areas under ...


Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford 2017 Development, Concepts and Doctrine Centre, UK Ministry of Defence

Autonomous Weapons And Weapon Reviews: The Uk Second International Weapon Review Forum, James Farrant, Christopher M. Ford

International Law Studies

This article considers how military lawyers completing weapon reviews might approach their legal duties if confronted with a weapon system that incorporates autonomous technology or artificial intelligence. The article begins by reviewing current and likely near future technological capabilities before considering whether existing international humanitarian law can adequately regulate these technologies. While noting the widespread lack of compliance with Article 36 of Additional Protocol I, the article argues that, properly applied, Article 36 is an effective gatekeeper for keeping unlawful weapon systems from the battlefield. After assessing the feasibility of a preemptive ban on autonomous weapons based on “meaningful human ...


The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group on the Conduct of Hostilities in the 21st Century 2017 U.S. Naval War College

The Conduct Of Hostilities And International Humanitarian Law: Challenges Of 21st Century Warfare, International Law Association Study Group On The Conduct Of Hostilities In The 21st Century

International Law Studies

The International Law Association Study Group on the Conduct of Hostilities in the 21st Century was established in 2011 and held its first meeting in 2012. The Study Group has explored numerous issues arising from the relationship between international humanitarian law (IHL) and international human rights law in the conduct of military operations, technological challenges posed by new weapons systems, and the basic principles of IHL in the conduct of hostilities. In 2015, the Study Group established three working groups focusing on core issues within IHL in relation to the conduct of hostilities in modern warfare. These working group topics ...


Praxis And The International (Human Rights) Law Scholar: Towards The Intensification Of Twailian Dramaturgy, Obiora C. Okafor 2017 Osgoode Hall Law School of York University

Praxis And The International (Human Rights) Law Scholar: Towards The Intensification Of Twailian Dramaturgy, Obiora C. Okafor

Obiora Chinedu Okafor

The article critically reflects on the role of the TWAILian international (human rights) law scholar in the socio-economic and political struggles which take place outside the academe; focusing, for the most part, on our role as scholars in advancing struggles in favour of subaltern Third World peoples from within or in concert with international institutions and various kinds of what I will refer to in this paper as “on-the-ground” activist groups (such as social movements and NGOs). The article begins by examining some of the various ideas and conceptions of praxis, so as to be clear from the outset as ...


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