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International Humanitarian Law Commons

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All Articles in International Humanitarian Law

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A Hierarchy Of The Goals Of International Criminal Courts, 27 Minn. J. Int'l L. 179 (2018), Stuart K. Ford 2018 John Marshall Law School

A Hierarchy Of The Goals Of International Criminal Courts, 27 Minn. J. Int'l L. 179 (2018), Stuart K. Ford

Stuart Ford

This Article represents the first attempt to systematically assess and compare the goals of international criminal courts to one another. To compare them, it focuses on their expected value. This is the value of the benefit that would occur if the goal were to be achieved, multiplied by the likelihood that it will be achieved. This approach allows for goals of differing value and likelihood of achievement to be compared to one another. The goal with the highest expected value is the goal that is most important and that international criminal courts should prioritize.

This Article demonstrates that it is ...


Arbitration And Protection Under The Un Convention Against Torture And Other Cruel, Inhuman, Degrading Treatment, Or Punishment, Nicole M. Hogan 2018 Pepperdine University

Arbitration And Protection Under The Un Convention Against Torture And Other Cruel, Inhuman, Degrading Treatment, Or Punishment, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

This article will discuss the UN Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention”), and how arbitration can be used to best serve victims who were subjected to treatment that is prohibited under the Convention. Part II will give a background on the Convention. Part III will introduce the arbitration provision that is included in Article 30 of the Convention, which is important to the foundation of this article. Additionally, this section will discuss how arbitration works as an Alternative Dispute Resolution procedure, and will highlight some of the benefits of arbitration over litigation. Part ...


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration and Refugee Clinical Program 2018 Texas A&M University School of Law

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Doing Better For Child Migrants, Susan Frelich Appleton 2018 Washington University School of Law

Doing Better For Child Migrants, Susan Frelich Appleton

Washington University Global Studies Law Review

Professor Ann Laquer Estin’s Child Migrants and Child Welfare: Toward a Best Interests Approach makes several important contributions to our understanding of the complicated legal questions posed by a timely and too often tragic phenomenon: large numbers of unaccompanied child migrants, including many coming into the United States. Estin helpfully disentangles and explores the welter of possibly applicable laws, from U.S. constitutional provisions to international human rights laws, federal immigration laws, and state family laws. Her careful analysis also exposes significant gaps, pointing out how some issues fall between relevant bodies of law.

Although each of the sources ...


Child Migrants And Child Welfare: Toward A Best Interests Approach, Ann Laquer Estin 2018 University of Iowa College of Law

Child Migrants And Child Welfare: Toward A Best Interests Approach, Ann Laquer Estin

Washington University Global Studies Law Review

Protections for unaccompanied minors in the U.S. immigration system can be traced to our constitutional values of due process and equal treatment; to the parens patriae tradition and best interests principle from family law; and to our commitments under international law including the Protocol to U.N. Convention on the Rights of the Child. With the Trafficking Victims Protection Reauthorization Act of 2008, Congress took an important step toward meeting these obligations and improving our treatment of child migrants, but there is more work to do. Federal agencies have been slow to implement the Act, and there are important ...


Undeniably Difficult: Extradition And Genocide Denial Laws, Dylan Fotiadis 2018 Washington University School of Law

Undeniably Difficult: Extradition And Genocide Denial Laws, Dylan Fotiadis

Washington University Global Studies Law Review

Genocide denial, increasingly common in the cyber world, is outlawed in several nations globally in an effort to suppress bigotry and harmful historical revisionism. Genocide denial is legal, however, in the United States, Canada, and the United Kingdom. Therefore, a legal conflict arises when a defendant facing genocide denial charges in one nation flees to or resides in a non-prosecuting nation: should respect for free speech or diplomacy prevail? Little material has been written on this matter, but with the rise of the internet as an anonymous means of communication, it is likely that this scenario will be increasingly common ...


Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson 2018 New York Law School

Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson

Roger Williams University Law Review

No abstract provided.


The Trickle Up Effect: Incorporating An Understanding Of Immigration Law And Policies Into Best Interest Analysis In State Child Welfare Proceedings, Kathryn P. Banks 2018 Washington University School of Law

The Trickle Up Effect: Incorporating An Understanding Of Immigration Law And Policies Into Best Interest Analysis In State Child Welfare Proceedings, Kathryn P. Banks

Washington University Global Studies Law Review

Immigration law is an area of legal practice that requires an understanding of a complex, ever-changing landscape. With policies and laws widely changing, sometimes within the span of 280 characters, immigration attorneys have to be ready to address each crisis facing our nation’s broken immigration system. In the past eight weeks, the United States Supreme Court has decided that individuals being detained during deportation proceedings do not have the right to review of their detention status, and that parts of the Immigration and Nationality Act are unconstitutionally vague. Additionally, in Arizona, those enrolled in the Deferred Action for Child ...


Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves 2018 California Western School of Law

Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves

Faculty Scholarship

No abstract provided.


Contested Identity And Making Sense Of Atrocity: Understanding The Rohingya Crisis In Myanmar, Christopher Andrew Long 2018 Bard College

Contested Identity And Making Sense Of Atrocity: Understanding The Rohingya Crisis In Myanmar, Christopher Andrew Long

Senior Projects Spring 2018

Myanmar’s recent transition towards democracy has caused western leaders to become increasingly optimistic about the future of human rights within the country. However, since emerging on the international stage in 2012, the Rohingya crisis has drastically upset such expectations, leaving the international community in complete shock over the issue. Attempting to shed light on this human rights tragedy, international media coverage has produced an overly simplified depiction of the Rohingya crisis. In addition, very little academic literature exists seeking to explain the root causes of the issue. By utilizing interviews conducted at the University of Mandalay this paper attempts ...


Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan 2018 Visiting Scholar, Northwestern University Pritzker School of Law

Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan

Cornell International Law Journal

No abstract provided.


The Effect Of International Ngos On Influencing Domestic Policy And Law, Ashley Macarchuk 2018 Claremont Colleges

The Effect Of International Ngos On Influencing Domestic Policy And Law, Ashley Macarchuk

CMC Senior Theses

This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable to both the State and citizens. A key component to ...


Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola 2018 Claremont Colleges

Rape And Sexual Violence Used As A Weapon Of War And Genocide, Larissa Peltola

CMC Senior Theses

Rape and other forms of sexual violence have been used against civilian populations since the advent of armed conflict. However, recent scholarship within the last few decades proves that rape is not a byproduct of war or a result of transgressions by a few “bad apples,” rather, rape and sexual violence are used as strategic, systematic, and calculated tools of war, ethnic cleansing, and genocide. Rape has also been used as a means of preventing future generations of children of “undesirable” groups from being born. Rape and sexual violence are also used with the purpose of intimidating women and their ...


The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels 2018 Dickinson School of Law of the Pennsylvania State University

The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels

Dickinson Law Review

In January 2016, former President Obama announced the end of the “Wet-Foot, Dry-Foot” Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take for decades. This Comment will begin by exploring past and present immigration policies between the United States and Cuba, including recent developments like the normalization of relations and the impact of President Trump’s immigration policies.

This Comment will then explore possible avenues of ...


Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper 2018 Professor of Law, Co-Director of the Center for Creative Problem Solving at California Western School of Law

Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper

Washington University Global Studies Law Review

Bolivia, the chronically poor, landlocked Andean country has long seen its indigenous populations marginalized, languishing in underdevelopment. Spanish colonialists destroyed any vestige of the vibrant, complex civilization that existed in the region – including the religious, political and legal systems in place for centuries. In December 2005, Evo Morales Ayma

was the first elected President of indigenous descent. After leading the changes in the country’s Constitution, Morales continued to rule Bolivia until the writing of this Article. The New Political Constitution of Plurinational State of Bolivia of 2009 and a national law for community justice, signed into law by Morales ...


"Your Old Road Is/ Rapidly Agin'": International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin 2018 Professor Emeritus of Law, Founding Director of the International Mental Disability Law Reform Project, Co-founder of Mental Disability Law and Policy Associates, New York Law School

"Your Old Road Is/ Rapidly Agin'": International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin

Washington University Global Studies Law Review

For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human rights, one that grows in importance each year: how the treatment (especially, the institutional treatment) of persons with mental and intellectual disabilities violates international human rights law, and the silence of organized forensic psychology in the ...


Making Room For Children: A Response To Professor Estin On Immigration And Child Welfare, Rick Su 2018 University at Buffalo School of Law

Making Room For Children: A Response To Professor Estin On Immigration And Child Welfare, Rick Su

Washington University Global Studies Law Review

If children are increasingly the focus of immigration, then perhaps it is time that immigration focus on children. As Professor Estin reminds us, America has long been committed to the welfare and protection of children. This commitment is woven throughout American law. We affirm it as signatories to international accords. And when it comes to immigration, Congress has recognized the special challenges and vulnerabilities that children face—not only in getting to our country, but also in the immigration proceedings that follows. Nowhere is this more evident than the special protections and procedures in place for unaccompanied children in our ...


Targeting The Targeted Killings Case - International Lawmaking In Domestic Contexts, Yahli Shereshevsky 2018 Hebrew University of Jerusalem

Targeting The Targeted Killings Case - International Lawmaking In Domestic Contexts, Yahli Shereshevsky

Michigan Journal of International Law

The targeting of non-state armed groups members is perhaps the most debated legal issue in the law of contemporary armed conflicts between states and non-state actors. The 2006 Targeted Killings case of the Israeli Supreme Court (ISC) is a key reference point in this debate. Recently, without much scholarly or public attention, the government of Israel, in its report on the summer 2014 conflict in Gaza (the 2014 Gaza Conflict Report), dramatically diverged from the Targeted Killings case’s definition of legitimate targets in asymmetric conflicts. The Targeted Killings case held a conduct or functional membership-based approach to targeting. This ...


Borders, Bans, And Courts In The European Union, Maryellen Fullerton 2018 Brooklyn Law School

Borders, Bans, And Courts In The European Union, Maryellen Fullerton

Roger Williams University Law Review

No abstract provided.


The Meaning Of Gravity At The International Criminal Court: A Survey Of Attitudes About The Seriousness Of Mass Atrocities, 24 U.C. Davis J. Int'l L. & Pol'y 209 (2018), Stuart Ford 2018 John Marshall Law School

The Meaning Of Gravity At The International Criminal Court: A Survey Of Attitudes About The Seriousness Of Mass Atrocities, 24 U.C. Davis J. Int'l L. & Pol'y 209 (2018), Stuart Ford

Faculty Scholarship

Gravity is an enormously important concept at the International Criminal Court (ICC). The word appears nine times in the Rome Statute and is crucial at every stage of the proceedings. It is an important factor in decisions about which situations to investigate, which individuals the court will try, and what sentences to impose on those convicted of violating international criminal law.

Gravity may also be important for the long-term success of the court. The Rome Statute states that the ICC will exercise jurisdiction over “the most serious crimes” that “deeply shock the conscience of humanity.” It also claims that the ...


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