Open Access. Powered by Scholars. Published by Universities.®

International Humanitarian Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1,283 Full-Text Articles 966 Authors 342,275 Downloads 115 Institutions

All Articles in International Humanitarian Law

Faceted Search

1,283 full-text articles. Page 4 of 38.

Conference On The 2016 Icrc Commentary On The First Geneva Convention: Public Panel Rapporteur Session, Matthew Coutreau, William Ogden 2018 University of Georgia School of Law

Conference On The 2016 Icrc Commentary On The First Geneva Convention: Public Panel Rapporteur Session, Matthew Coutreau, William Ogden

Georgia Journal of International & Comparative Law

No abstract provided.


Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton 2018 Vanderbilt University Law School

Contorting Common Article 3: Reflections On The Revised Icrc Commentary, Michael A. Newton

Georgia Journal of International & Comparative Law

No abstract provided.


A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull 2018 Columbia University Law School

A Critique Of The Icrc's Updated Commentary To The First Geneva Convention: Arming Medical Personnel And The Loss Of Protected Status, Nicholas W. Mull

Georgia Journal of International & Comparative Law

No abstract provided.


Whose Armed Conflict? Which Law Of Armed Conflict?, Adil A. Haque 2018 Rutgers School of Law

Whose Armed Conflict? Which Law Of Armed Conflict?, Adil A. Haque

Georgia Journal of International & Comparative Law

No abstract provided.


Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver 2018 South Texas College of Law Houston

Wounded Combatants, Military Medical Personnel, And The Dilemma Of Collateral Risk, Geoffrey Corn, Andrew Culliver

Georgia Journal of International & Comparative Law

No abstract provided.


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Health And Human Rights Of Syrian Women And Children Refugees: Trafficking, Resettlement, And The United Nations Convention On Refugees Revisited, Lori Maria Walton PhD, DPT, MPH(s), CLT 2018 University of Sharjah

Health And Human Rights Of Syrian Women And Children Refugees: Trafficking, Resettlement, And The United Nations Convention On Refugees Revisited, Lori Maria Walton Phd, Dpt, Mph(S), Clt

Online Journal of Health Ethics

In 2016, there were approximately 22.5 million refugees displaced outside their home country because of armed conflict, over half of whom are minors. Syria reported the highest number, with over eleven million refugees displaced, both internally and externally, from zones of conflict in 2017. Over five million Syrian refugees, between the years 2011 and 2017, have fled to other countries including: Lebanon (1.1 million), Jordan (660,000), Egypt (122,000), Turkey (2.9 million) and Iraq (241,000). Exposure to war, displacement, and violence deprives women and children of the basic right to health, including the “right to ...


Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab 2018 University of Michigan Law School

Justice In Syria: Individual Criminal Liability For Highest Officials In The Assad Regime, Seema Kassab

Michigan Journal of International Law

Seven years have passed since revolution broke out in Syria in March of 2011. During those six years, hundreds of thousands of Syrians lost their lives, millions of Syrians were internally displaced or left the country seeking refuge, and a beautiful and diverse country was hijacked and terrorized by civil war. Every day in Syria, people are detained, tortured, raped, and killed. Attacks on homes, hospitals, markets, and schools are common occurrences. At this stage of the conflict, there is little doubt that it is the most horrific and dire humanitarian crisis since World War II. The conflict began as ...


Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos 2018 The Graduate Center, City University of New York

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

All Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the ...


The Unsuspected Francis Lieber, Richard Salomon 2018 The Graduate Center, City University of New York

The Unsuspected Francis Lieber, Richard Salomon

All Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his ...


The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell 2018 Notre Dame Law School

The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell

Journal Articles

The United States and Iran carried out armed reprisals in Syria during 2017 in the wake of chemical and terror attacks. Despite support for their actions even by countries such as Germany and France, retaliatory uses of force are clearly prohibited under international law. International law generally prohibits all use of armed force with narrow exceptions for self-defense, United Nations Security Council authorization, and consent of a government to participate in a civil war. Military force after an incident are reprisals, which have been expressly forbidden by the UN. Prior to the Trump administration, the U.S. consistently attempted to ...


Determining The Scope Of Attacks On Health In Four Governorates Of Syria In 2016: Results Of A Field Surveillance Program, Rohini J. Haar, Casey B. Risko, Sonal Singh, Diana Rayes, Ahmad Albaik, Mohammed Alnajar, Mazen Kewara, Emily Clouse, Elise Baker, Leonard S. Rubenstein 2018 University of California - Berkeley

Determining The Scope Of Attacks On Health In Four Governorates Of Syria In 2016: Results Of A Field Surveillance Program, Rohini J. Haar, Casey B. Risko, Sonal Singh, Diana Rayes, Ahmad Albaik, Mohammed Alnajar, Mazen Kewara, Emily Clouse, Elise Baker, Leonard S. Rubenstein

Open Access Articles

BACKGROUND: Violent attacks on and interferences with hospitals, ambulances, health workers, and patients during conflict destroy vital health services during a time when they are most needed and undermine the long-term capacity of the health system. In Syria, such attacks have been frequent and intense and represent grave violations of the Geneva Conventions, but the number reported has varied considerably. A systematic mechanism to document these attacks could assist in designing more protection strategies and play a critical role in influencing policy, promoting justice, and addressing the health needs of the population.

METHODS AND FINDINGS: We developed a mobile data ...


Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh 2018 Montclair State University

Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh

Department of Justice Studies Faculty Scholarship and Creative Works

Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.


Mental Maps, Occupation... Liberation? The Impact Of The Israel-Palestine Conflict On The Security And Legitimacy Of The State Of Israel And The Struggle Of Palestine, Malea Martin 2018 SIT Study Abroad

Mental Maps, Occupation... Liberation? The Impact Of The Israel-Palestine Conflict On The Security And Legitimacy Of The State Of Israel And The Struggle Of Palestine, Malea Martin

Independent Study Project (ISP) Collection

The Israel-Palestine issue has been present for decades, making it one of the world’s most prominent unresolved conflicts. Conflict for Israel-Palestine over the years has meant war, border insecurity, questions of legitimacy and sovereignty, and today, the role of the international community in the issue. One of the most paradoxical aspects of the Israel-Palestine issue is that Israel’s unequal treatment of Palestinians in the occupied territories could be against Israel’s own interests in the long run. Given this conflict, the purpose of this paper, while contextualizing the long and divided historical nature of this issue, was to ...


Convergence And Divergence Between International Investments Law And Human Rights Law, In The Context Of The Greek Sovereign Debt Restructuring, Venetia Argyropoulou 2018 Pepperdine University

Convergence And Divergence Between International Investments Law And Human Rights Law, In The Context Of The Greek Sovereign Debt Restructuring, Venetia Argyropoulou

The Journal of Business, Entrepreneurship & the Law

International investment law developed separately from and was, for a long period, perceived as incompatible with human rights law. Despite the tendency to distinguish the evolution of these two fields of international law, however, they are not completely dissimilar. Inter alia, they both aim to safeguard investors’ rights to property, to promote respect for due process, and to address the undisputed position of power of the state against the individual. In situations of sovereign default, the asymmetry between the powers of the state and the rights of investors is even more clearly demonstrated, even within the European Union. Indeed, although ...


Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn 2018 University of Maine School of Law

Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn

Maine Law Review

Predicting the ways in which feminisms might develop in the next century is unfortunately well beyond my own capabilities. In the next decade or two, however, one thing I believe we might want to think about are the relationships between feminisms and global free market capitalisms. The question I am asking, simply stated, is the extent to which economic development (free-market global capitalism) advances, is neutral toward, or harms women. One traditional American way of viewing the global free market is to tout economic development as a panacea for the problems facing the world's poorest and most violated group ...


Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott 2018 University of Maine School of Law

Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott

Maine Law Review

After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as ...


The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi 2018 University of Michigan Law School

The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi

Reviews

The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our ...


Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák 2018 University of Exeter

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of law ...


A Triumphant Victory For Gay Rights In Belize Lays The Foundation For A Domino Effect Throughout The Caribbean, LAUREN TISDALE 2018 Loyola Marymount University and Loyola Law School

A Triumphant Victory For Gay Rights In Belize Lays The Foundation For A Domino Effect Throughout The Caribbean, Lauren Tisdale

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Digital Commons powered by bepress