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Articles 211 - 240 of 3137
Full-Text Articles in Entire DC Network
Diamonds (And War Crimes) Are Forever: Creating A Time-Immune Framework For The Repatriation Of Stolen Cultural Heritage Objects Applying Pillage Principles, Olivia Tyler Dickinson Dibb
Diamonds (And War Crimes) Are Forever: Creating A Time-Immune Framework For The Repatriation Of Stolen Cultural Heritage Objects Applying Pillage Principles, Olivia Tyler Dickinson Dibb
Emory International Law Review Recent Developments
There is a long global history of invading countries laying claim to the cultural heritage object of the states they conquer. In the modern age, there is some international law in place to govern the repatriation of misappropriated (stolen) cultural heritage items. However, none of the applicable conventions is retroactive, rendering them ineffective concerning all objects misappropriated prior to 1954. Given the timing of globalization and global colonization practices, this means that the range of object to which existing international law applies is very limited indeed. This comment proposes a new legal framework for repatriation of cultural heritage objects incorporating …
Enhancing Fairness And Compassion In Military Disciplinary Proceedings, Rinat Kitai-Sangero
Enhancing Fairness And Compassion In Military Disciplinary Proceedings, Rinat Kitai-Sangero
Cardozo International & Comparative Law Review
This Article critically assesses the disciplinary proceedings carried out by judicial officers within the military, shedding light on the absence of crucial procedural guarantees, such as the right to legal representation and an impartial judge. After comparing the Israeli disciplinary proceedings with the Summary Court-Martial system in the United States and considering arguments used to justify the lack of procedural guarantees, the Article emphasizes the emotional distress experienced by soldiers who feel powerless due to power imbalances with their commanders and the severity ofprison sentences they may face. While the Article primarily focuses on the Israeli army, its main arguments …
Reuniting "Active" And "Direct" Participation: The International Criminal Court's Dph Divorce In Lubanga, Josef Danczuk
Reuniting "Active" And "Direct" Participation: The International Criminal Court's Dph Divorce In Lubanga, Josef Danczuk
Cardozo International & Comparative Law Review
Throughout treaty-making processes and turn-of-the-century international criminal tribunal decisions, scholars and judges alike determined that the terms "direct" and "active," when referring to participation in hostilities, were synonymous. However, the International Criminal Court ("ICC'), in interpreting the Rome Statute in the Lubanga case, determined that they were not, creating disparity between interpretations of the same terms within International Criminal Law ("ICL") and the Law of Armed Conflict ("LOAC"). Not only is the ICC's interpretation legally wrong, it is also practically unworkable and distorts the well-established doctrine of DPH as defined in LOAC. Lubanga may have broadened protectionfor child soldiers, but …
Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow
Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow
Vanderbilt Journal of Transnational Law
The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …
Temporary Protection For Ukrainians In The European Union: Why Now And When Again?, Maryellen Fullerton
Temporary Protection For Ukrainians In The European Union: Why Now And When Again?, Maryellen Fullerton
Vanderbilt Journal of Transnational Law
In 2022, the Russian invasion of Ukraine produced an unprecedented wave of temporary immigration protections throughout the European Union (EU). Within the first few months of the war in Ukraine, over 4 million displaced individuals had registered for temporary protection. EU States distant from Ukraine sheltered hundreds of thousands of displaced families, while Poland and other EU States that border Ukraine sheltered more than 2 million. This groundswell response marked a striking departure from just seven years earlier, when the EU Commission and EU Council failed to use readily available laws to provide a temporary protection program for Syrians displaced …
Addressing Unlawful Cyber Operations In Armed Conflict Through Human Rights Bodies Instead Of The International Criminal Court, Zachary R. Orr
Addressing Unlawful Cyber Operations In Armed Conflict Through Human Rights Bodies Instead Of The International Criminal Court, Zachary R. Orr
Vanderbilt Journal of Transnational Law
Although the ICC-or other similarly-situated international criminal tribunals-could soon see the first cyber war crime prosecution, two glaring issues persist. First, the universe of conduct that could give rise to such a prosecution is limited. Second, heavy reliance on the war crimes framework fails to provide a forum for redress of many harms caused by other unlawful cyber operations in armed conflict. The fragmented nature of international law and its enforcement mechanisms requires solutions that harness the full range of the integrated architecture of the international system. Cyber operations might soon feature at the ICC, but only a fraction of …
Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo
Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo
Scholarship@WashULaw
The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Faculty Publications
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …
A Combatant Or Not A Combatant That Is The Question: Arguing The Case Of Combatant Status For Non-Military Government Personnel And Private Military Contractors Engaged On The Modern Battlefield, Ilan Fuchs, Shane Owens
A Combatant Or Not A Combatant That Is The Question: Arguing The Case Of Combatant Status For Non-Military Government Personnel And Private Military Contractors Engaged On The Modern Battlefield, Ilan Fuchs, Shane Owens
Emory International Law Review
No abstract provided.
Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf
Will Climate Change Be The Next Grotian Moment?, Michael P. Scharf
Case Western Reserve Journal of International Law
Under the classic paradigm of international environmental law articulated in the 1941 Trail Smelter arbitration decision, States are responsible for downstream or downwind harm that crosses from their territory into another State. But climate change threatens not just neighboring States but the entire global commons. This Article explores whether the conditions are ripe for a “Grotian Moment”—a paradigm shifting development leading to accelerated formation of customary international law related to the human right to a healthy environment.
Crimes Against The Environment, Ecocide, And The International Criminal Court, Milena Sterio
Crimes Against The Environment, Ecocide, And The International Criminal Court, Milena Sterio
Case Western Reserve Journal of International Law
Ecocide as well as other crimes against the environment have become a feature of warfare, as exemplified in the Russian invasion of Ukraine and the devastating environmental harm caused as a result. As this Paper has described, significant obstacles remain associated with the ICC’s ability to prosecute environmental crimes, either as war crimes or crimes against humanity. (Abstrast excerpted from article's Conclusion.)
The Killing Of Ayman Al-Zawahiri: On Its Legality And Why The U.N. Should Clarify The "Unable Or Unwilling" Doctrine, Nicholas Abraksia
The Killing Of Ayman Al-Zawahiri: On Its Legality And Why The U.N. Should Clarify The "Unable Or Unwilling" Doctrine, Nicholas Abraksia
Case Western Reserve Journal of International Law
No abstract provided.
From Instagram To Infowar: The Weaponization Of Social Media And Its Consequences, Grayson Shade Walker
From Instagram To Infowar: The Weaponization Of Social Media And Its Consequences, Grayson Shade Walker
Emory International Law Review
No abstract provided.
Haiti: Confronting An Immense Challenge, Irwin Stotzky
Haiti: Confronting An Immense Challenge, Irwin Stotzky
University of Miami Inter-American Law Review
This article analyzes the history of Haiti, from its origins as a slave colony of France, which was the richest colony in the Americas, to its war of independence leading to the first Black independent nation in the Americas, to its economic re-enslavement under the power of France and then the United States. The article discusses the great harm the French caused the Haitian people by imposing through force a ransom of billions of dollars that has led Haiti to its present position of being on the brink of becoming a failed state, with all of the disastrous consequences for …
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
China’S New Law On Foreign Relations: Transforming The Rules-Based International Order With Chinese Characteristics, Raul (Pete) Pedrozo
International Law Studies
In 2023 China adopted a comprehensive Law on Foreign Relations. Although the law is intended to shape China’s diplomatic relations and its cultural, economic, and other exchanges, as well as China’s relations with the United Nations and other international organizations, implementation of the law will be guided by (inter alia) Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The law makes clear that China’s foreign relations will be conducted to uphold its system of socialism with Chinese characteristics, safeguard its sovereignty, unification and territorial integrity, and promote its economic and social development. This revisionist “rule by …
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Instigator And Proxy Liability In The Context Of Information Operations, Carolyn Sharp
Brigham Young University Journal of Public Law
No abstract provided.
Two Visions Of Digital Sovereignty, Sujit Raman
Two Visions Of Digital Sovereignty, Sujit Raman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Pace International Law Review
The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …
Playing The Long Game: The Role Of International Courts And Tribunals In The Russo-Ukrainian War, Paul W. Grimm, Kim Scheppele, Paul Stephan, Harold Hongju Koh, Oleksandra Matviichuk
Playing The Long Game: The Role Of International Courts And Tribunals In The Russo-Ukrainian War, Paul W. Grimm, Kim Scheppele, Paul Stephan, Harold Hongju Koh, Oleksandra Matviichuk
Judicature International
No abstract provided.
Strengthening International Institutions By Enforcing Norms: The Way Forward For Prosecuting Aggression, Dr. Nadia Ahmad
Strengthening International Institutions By Enforcing Norms: The Way Forward For Prosecuting Aggression, Dr. Nadia Ahmad
San Diego International Law Journal
Strengthening institutions that enforce the prohibition on the use of force and prevent aggressive acts of war should be a priority in international law, as it struggles to respond collectively to the Russian invasion of Ukraine. Aggression is both prohibited in the Charter of the United Nations and in the Rome Statute, and the United Nations Security Council is blocking enforcement action in both international institutions. This Article explores alternative avenues of accountability for the crime of aggression in international law, and recommends the United Nations General Assembly, with the government of Ukraine, establish a hybrid international tribunal for aggression …
Star Trek, Star Wars, Or Battlestar Galactica—The Occurring Privatization Of Space Exploration, And The Need For “Global” Regulations, Marty Levers
San Diego International Law Journal
Privatized space travel is not innately bad because of its commercial nature. Commercialization leads to efficient innovation; and our scientific pursuits benefit from advancements in technology in every space-related industry. This is not to say that privatized space travel is not without disgust and dissenters. As a dissenter, Buzz Aldrin questioned Elon Musk’s Mars proposal by arguing, “Well, now, when your [rocket] lands on Mars with people, is there going to be anything down there for you to live in or do?” Buzz Aldrin is not alone in his questioning of the motives behind mega corporations’ space projects. Billionaire-funded space …
Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun
Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun
Singapore Law Journal (Lexicon)
The cyberspace is sometimes seen as having no jurisdictional boundaries, given that no single state controls the entirety of the cyberspace. At the same time, given how pervasive the cyberspace has become today, many important interests of states now lie in the domain of cyberspace. This uneasy tension has led to many questions involving the intersectionality between the state’s sovereignty over its territory and the cyberspace, which is exacerbated when states use the cyberspace to conduct their myriad operations. This paper seeks to delineate permissible and impermissible cyberoperations and argues that the present international law on sovereignty is sufficiently robust …
Rights-Based Boundaries Of Unilateral Sanctions, Seyed Mohsen Rowhani
Rights-Based Boundaries Of Unilateral Sanctions, Seyed Mohsen Rowhani
Washington International Law Journal
This Article serves as a model for sender states to consider when designing and implementing unilateral sanctions and also provides a framework for targeted states to challenge the legality of sanctions. In this context, the Article investigates several multilateral treaties, including the United Nations (“UN”) Charter and its principles of nonintervention and sovereignty and its rights-based boundaries. The Article also investigates other rights-based treaties to determine if their member states may have any extraterritorial obligations to promote human rights beyond their borders. In addition, the Article analyses International Court of Justice (“ICJ”) rulings in cases where one party claims that …
The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre
The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre
Undergraduate Honors Theses
This thesis seeks to outline ways to enforce international law more effectively. Through the analysis of the current international legal framework and the different mechanisms created to enforce international law, it identifies why they are insufficient to enforce international law effectively, and it gives recommendations to ameliorate the way international law is currently enforced. This research focuses on the ongoing war in Ukraine as a case study, and provides specific examples of ways international law was grossly violated by Russia, a U.N. permanent Security Council member, in order to identify patterns in the non-enforcement of international law. To bridge the …
The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar
The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar
Master's Theses
Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner
The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Unethical Use Of Children In War, Mariana Davis
The Unethical Use Of Children In War, Mariana Davis
Helm's School of Government Conference - 2021-2024
This paper examines the role the nature of children has in the immorality of their use in warfare. The exploitation of children in war is a long, pervasive issue that is primarily documented in third-world countries with ongoing conflicts. This paper details the developments in the legality of the use of children in war. It expounds upon the current and historical use of child soldiers and the horrors that come with it. Evidence was taken from the consequences to the children and the nations that use them to demonstrate why this practice is unethical and immoral. This paper studies why …
Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Milena Sterio, Yvonne Dutton
Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Milena Sterio, Yvonne Dutton
Law Faculty Articles and Essays
This Article's primary goal is to highlight the International Criminal Court (ICC)'s Office of the Prosecutor (OTP)'s Gender Persecution Policy, while also demonstrating its place in the trajectory of the ICC's progress in changing the course of human history as relates to the recognition of and prosecution of sexual and gender-based (SGBV) crimes. To that end, some background is necessary to contextualize the ICC's current policy and practice as relates to the crime of gender persecution. Part II discusses the Rome Statute's unique contributions to the development of international criminal law regarding SGBV crimes, including the crime of gender persecution. …