Digital Commons Network^™

Potential Pitfalls Of "Strategic Litigation": How The Al-Aulaqi Lawsuit Threatened To Undermine International Humanitarian Law, Michael W. Lewis

Loyola University Chicago International Law Review

No abstract provided.

Insular Minorities: International Law’S Challenge To Japan’S Ethnic Homogeneity, Timothy Webster

Faculty Publications

The Japanese state has long promoted a view of itself, and the country, as ethnically homogeneous. Borrowing on critical race theory as developed in the United States, this paper first traces the numerous laws and policies that Japan has implemented to privilege ethnically Japanese people, and prejudice ethnic others. Next, the paper examines the role of international human rights law in challenging various edifices of the ethno-state, including amendments to legislation, and individual lawsuits. I conclude that international law has played a meaningful role in diversifying the protective ambit of Japanese law, but cannot provide all of the solutions that …

Cyber Operations And The Jud Ad Bellum Revisited, Michael N. Schmitt

Villanova Law Review (1956 - )

The article discusses the international law's governance of cyber operations as of July 2011, focusing on the application of Article 2(4) of the United Nations (UN) Charter and customary international law to cyber operations, as well as the UN Security Council's potential role as an enforcement agency in regards to computer network security threats. The U.S. Cyber Command (USCYBERCOM) is also mentioned.

Cyber-Attacks And The Use Of Force: Back To The Future Of Article 2(4), Matthew C. Waxman

Faculty Scholarship

This Article makes two overarching arguments. First, strategy is a major driver of legal evolution. Most scholarship and commentary on cyber-attacks capture only one dimension of this point, focusing on how international law might be interpreted or amended to take account of new technologies and threats. The focus here, however, is on the dynamic interplay of law and strategy – strategy generates reappraisal and revision of law, while law itself shapes strategy – and the moves and countermoves among actors with varying interests, capabilities, and vulnerabilities. The purpose is not to come down in favor of one legal interpretation or …

What’S In A Name? How Nations Define Terrorism Ten Years After 9/11, Sudha Setty

Faculty Scholarship

Ten years after the attacks of September 11, 2001, it almost goes without saying that the acts of grotesque violence committed on that day have had enormous effects on national security law and policy worldwide. To be labeled a terrorist, or to be accused of involvement in an act of terrorism, carries far more severe repercussions now than it did ten years ago. This is true under international law and under domestic law in nations that have dealt with serious national security concerns for many years.

Given the U.N.’s global mandate to combat terrorism and that being defined as a …

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Faculty Publications

No abstract provided.

Convergences And Divergences In International Legal Norms On Migrant Labor, Chantal Thomas

Cornell Law Faculty Publications

This essay will argue that even where disparate treaties converge doctrinally, they may diverge normatively and that normative divergence may be significant in its own right. Section I of this essay seeks to chart out an initial such analysis, conducting a concise comparison of particular rules affecting migrant workers from different realms of international law. Section I concludes with both a graphic representation of doctrinal convergences and divergences, and a further discussion the doctrinal relationships among treaties as elucidated through consideration of hypothetical legal disputes.

Section II considers the normative implications of divergent rule systems. In particular, Section II raises …

Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Law Student Publications

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

Criteria Developed By The European Court Of Human Rights On The Dissolution Of Political Parties, Olgun Akbulut

Fordham International Law Journal

While there seems to be a consensus that political parties remain the sine qua non of western democracies, the question of under which conditions political parties could be dissolved has also been gaining significance in European human rights law since the 1990s. An overall assessment of the cases decided by the European Court of Human Rights ("ECtHR") and domestic courts of the member of the Council of Europe suggests there are three categories of political parties faced with the prospect of dissolution. Part I of this Article describes the first category, the political parties that have criticized state policies on …

A Hypothetical Postulate For The Polemic Of Extraordinary Rendition Vis-A-Vis The Paradigm Of Asymmetric Warfare, John C. Duncan, Jr.

Journal Publications

This article presents a controversial hypothetical approach to a side of the polemic regarding extraordinary rendition. War is not always controlled by rules, fairness, or ethics. The United States would prefer the foregoing if forced to go to war, but the enemy may not follow the same approach. As a result, the United States becomes hampered by unilaterally self-imposed rules and standards. Conceivably, we could fail to achieve our military objective because of the enemy's adherence to a very different approach and beliefs regarding warfare. Were we to have the privilege of fighting under relatively similar rules with the other …

Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke

Cardozo Journal of Conflict Resolution

The recent oil spill by British Petroleum in the Gulf of Mexico highlights an escalating set of difficulties in our responses to environmental catastrophes, with echoes that resonate and reverberate with experiences responding to Hurricane Katrina in New Orleans, earthquakes in Haiti and Peru, firestorms in Russia, flooding in Pakistan, the tsunami in Indonesia, and others.

Obligation Ignored: Why International Law Requires The United States To Provide Adequate Civil Legal Aid, What The United States Is Doing Instead, And How Legal Empowerment Can Help, Zachary H. Zarnow

American University Journal of Gender, Social Policy & the Law

No abstract provided.

International Legal Updates, Aimee Mayer, Jessica Lynd, Shubra Ohri, Catherine Davies, Molly Hofsommer, Misty Seemans, Leah Chavla, Kaitlin Brush

Human Rights Brief

No abstract provided.

Special Coverage Of The 141st Period Of Sessions Of The Inter-American Commission On Human Rights, Kaitlin Brush, Alma Liliana Mata Noguez, Melanie Debrosse

Human Rights Brief

No abstract provided.

Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz

War Crimes Memoranda

No abstract provided.

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

Cyber Attacks As "Force" Under Un Charter Article 2(4), Matthew C. Waxman

Faculty Scholarship

In a 2010 article in Foreign Affairs, Deputy Secretary of Defense William Lynn revealed that in 2008 the Department of Defense suffered "the most significant breach of U.S. military computers ever" when a flash drive inserted into a US military laptop surreptitiously introduced malicious software into US Central Command's classified and unclassified computer systems. Lynn explains that the US government is developing defensive systems to protect military and civilian electronic infrastructure from intrusions and, potentially worse, disruptions and destruction, and it is developing its own cyber-strategy "to defend the United States in the digital age."

To what extent is …

A Reason To Revisit Maine's Indian Claims Settlement Acts: The United Nations Declaration On The Rights Of Indigenous Peoples, Nicole Friederichs

American Indian Law Review

No abstract provided.

Legal Basis For Coalition Combat Operations In Iraq, May 2003-Present, Alexandra Perina

International Law Studies

No abstract provided.

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

The European Human Rights System, James W. Hart

Law Librarian Articles and Other Publications

This article presents the historical, organizational, and bibliographic information needed to research the Council of Europe’s regulation of human rights. It begins with an explanation of the reasons for the organization’s founding and then describes its statute, its structure, the Convention for the Protection of Human Rights and Fundamental Freedoms, the history of the changes in the treaty’s procedures, and its enforcement mechanisms. The final section provides similar treatment for another, less well known, of the Council’s human rights treaties, the European Social Charter

Legislating The Appearance Of Equality In Korea: The Law And Politics Of We-Hwa-Gahm, Ilhyung Lee

Penn State International Law Review (1982 - 2011)

No abstract provided.

Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell

Pace International Law Review Online Companion

No abstract provided.

Special Investigation Techniques, Data Processing And Privacy Protection In The Jurisprudence Of The European Court Of Human Rights, Toon Moonen

Pace International Law Review Online Companion

No abstract provided.

“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy

Pace International Law Review Online Companion

This article assesses shifting presumptions by three democracies -- the United States, Canada, and the United Kingdom – all of whom appear to have permanently adopted some alterations to their detention practices for certain terrorism-related cases since the attacks of September 11, 2001 (hereinafter “9/11”). A review of executive, legislative and judicial outcomes in these three countries often reveals an ongoing tension between the judiciary and the other branches of government, with the judiciary frequently citing to traditional constitutional principles to reassert the primacy of individual liberties and fair trial guarantees. In spite of such rulings, however, the advance towards …

The Right To Miranda Warnings Overseas: Why The Supreme Court Should Prescribe A Detailed Set Of Warnings For American Investigators Abroad, Jessica Schneider

Connecticut Journal of International Law

This note will address several issues. Part I will examine the history of Miranda warnings. Part II will discuss the various ways in which district and circuit courts have addressed the applicability of Miranda warnings in foreign countries, and will examine the case of United States v. Bin Laden23 and its appellate counterpart, In re Terrorist Bombings of U.S. Embassies in East Africa, the most elaborate decisions to date on Miranda's reach abroad. Part III will explore Miranda's right to counsel provision and the debate raging in courts around the country regarding Miranda's application abroad. Part IV will explore the …

Protecting And Promoting The Human Right To Respect For Family Life: Treaty-Based Reform And Domestic Advocacy, Ryan Mrazik, Andrew I. Schoenholtz

International Migrants Bill of Rights Symposium

This article examines the right to respect for family life in international law, focusing on its underlying principles and explicit protections. The article identifies these legal norms so that drafters of international treaties, specifically the International Migrants Bill of Rights, and United States legal practitioners representing immigrant children can incorporate the right to respect for family life into their drafting and advocacy, thereby protecting and promoting this critical human right.

To encourage both high-level, international treaty-based reform and the grassroots domestic advocacy necessary to comprehensively protect and promote this right, this article provides specific ideas for incorporating the right to …

Fisa Amendments Act 2008: Protecting Americans By Monitoring International Communications--Is It Reasonable?, Jessica Loconte

Pace International Law Review Online Companion

No abstract provided.

The Torture Of Alleged Terrorists Necessary For Public Safety Or A Criminal Act?, Michaela Clark

Undergraduate Review

Torture is defined in a variety of ways by many different sources. According to the World Medical Association’s (WMA) Declaration of Tokyo, torture is defined as, “the deliberate, systematic, or wanton infliction of physical or mental suffering by one or more people acting alone or on the orders of any authority, to force another person to yield information, to make a confession, or for any other reason.” The Declaration of Tokyo was passed in 1975 and updated many times, most recently in 2006. This is a landmark document that has been used as a model for other medical statutes. The …