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Vol. 37, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.

Gaining Command &(And) Control Of The Northwest Passage: Strait Talk On Sovereignty, Christopher Mark Macneill

Transportation Law Journal

No abstract provided.

Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz

Human Rights & Human Welfare

From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.

© Susan Waltz. All rights reserved.*

*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Other War: Iraq Vets Bear Witness” by Chris Hedges and Laila Al-Arian. The Nation, July 30, 2007.

Facing Up To The Truth, Susan E. Waltz

Human Rights & Human Welfare

American GIs who liberated Dachau from the Nazis in April 1945 exist in our collective memory as iconic representations of the American soldier-hero: competent and capable, disciplined, principled and fundamentally good. From their collective example, we expect American soldiers to reveal, report, and excoriate war crimes. This makes it difficult to acknowledge that Americans may also commit war crimes—and on a regular basis.

Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

The debate over humanitarian intervention has tended to focus on the conditions under which the resort to armed intervention is permissible while paying less attention to which actors are best suited to engage in such a complicated and demanding undertaking. The purpose of this paper is to explore characteristics that affect the ability of potential agents of humanitarian intervention to effectively undertake this operationally and politically demanding task. While the military wherewithal of the intervener is fundamental, I argue that a potential intervener’s legitimacy as an agent or enforcer of humanitarian norms is also crucial in determining whether and the …

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

Private Military Industry And The Laws Of War, Mahmood Monshipouri

Human Rights & Human Welfare

The “war on terrorism,” according to Jeremy Scahill, has led to the most privatized war in the history of the United States of America: the war in Iraq, waged partially by private security contractors who are, for the most part, accountable to no higher legal-political authority. This brings us to an obvious question: Is this type of warfare an imperative part of counterterrorism?

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.

Missing The Point, Colin Thomas-Jensen

Human Rights & Human Welfare

“What would happen if we thought of Darfur as we do of Iraq, as a place with a history and politics—a messy politics of insurgency and counterinsurgency?” (§4). This is the most telling question posed by Professor Mahmood Mamdani in “The Politics of Naming: Genocide, Civil War, Insurgency.” The implication is that the growing public demand for strong international action—military or otherwise—to halt the atrocities in Darfur is somehow unwarranted because people have failed to understand that the systematic crimes against humanity committed against civilians in Darfur (and indeed Iraq) are an inevitability of “the messy politics of insurgency and …

Politics Of Naming And Politics Of Responsibility, Rhoda Howard-Hassmann

Human Rights & Human Welfare

Mahmood Mamdani is right to complain that the American—and international—public is unaware of the political complexity of the Darfur conflict. He is also right to point out that selective or inconsistent uses of the terms “genocide,” “civil war,” and “insurgency” can mask covert, or even overt, political agendas. His comparison of Darfur to Iraq is telling. And he is right to point out that even with the best of humanitarian intentions, the presentation of a simplified version of Darfur, in which “Arabs” persecute “Africans,” can play into the “war on terror,” insofar as, in the minds of at least some …

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”

Vol. 35, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Icj's Uganda Wall: A Barrier To The Principle Of Distinction And An Entry Point For Lawfare, Eric Talbot Jensen

Denver Journal of International Law & Policy

No abstract provided.

International Law Fights Terrorism In The Muslim World: A Middle Eastern Perspective, Mohamed R. Hassanien

Denver Journal of International Law & Policy

No abstract provided.

Noble Human Rights Defender Or International Band-Aid? On Contemporary Humanitarianism, Kurt Mills

Human Rights & Human Welfare

A review of:

The Humanitarians: The International Committee of the Red Cross by David P. Forsythe. Cambridge: Cambridge University Press, 2005.

Making Sense Of A Senseless War, J. Peter Pham

Human Rights & Human Welfare

A review of:

A Dirty War in West Africa: The RUF and the Destruction of Sierra Leone by Lansana Gberie. Bloomington, IN: Indiana University Press, 2005.

and

Young Soldiers: Why They Choose to Fight by Rachel Brett and Irma Specht. Boulder, CO: Lynne Rienner Publishers, 2005.

A Survey Of Terrorism And Human Rights In Uganda, Arika Long

Human Rights & Human Welfare

Tragically, Uganda is a primary example of a country dominated by terror and human rights violations. In a 2006 interview with Integrated Regional Information Networks IRIN, the news department of the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Under Secretary-General for Humanitarian Affairs Jan Egeland, called the conflict in Uganda “the worst form of terrorism in the world.” Defining terrorism as indiscriminate violence against civilians, he declares that nowhere in the world is there a more concentrated area where so many people are being terrorized, and have been for such a long period of time. According to …

Chechnya: Human Rights Issues, Latife Bulur

Human Rights & Human Welfare

Chechnya is a country plagued by terrorism and human rights abuses. A primary source of these issues is the unsettled situation between local insurgents and the Russian military. This conflict, increasing in magnitude over time, makes it incredibly difficult to negotiate the terms of Chechnya’s independence perpetuating the crisis. Rising violence fuels Russia’s frustration in addressing the conflict with Chechen groups. Russia has and continues to employ various tactics to minimize the violence, but such tactics have all so far been unsuccessful.

Violations Of Human Rights In The Russian Military, Cathy Smith

Human Rights & Human Welfare

In 2005, an estimated 450 deaths were caused by injuries due to internal military violence. The degradation inflicted on Russian soldiers within their regime necessitates reformation by the government and implementation of resolutions. Since the collapse of the Soviet Union, the Russian military has been experiencing heightened levels of personnel decline despite the compulsory draft. The prestige that the Soviet Army of the 1950s received through the late 1980s is dwindling rapidly. Despite the military code of conduct, today’s army is afflicted with perpetual violations of human rights. For the future of the Russian military, extensive action must include systemic …

Sudan: A Survey Of Terrorism And Human Rights, Arika Long

Human Rights & Human Welfare

Sudan is a primary example of a country dominated by terror and human rights violations. Upon the release of Amnesty International’s 2007 annual report, Secretary General Khan described the continuing conflict in Sudan's Darfur region as a “bleeding wound on the world’s conscience.” In the report, the authors declare that the world has been “impotent” in the face of major crises like Darfur. They state that policies linked to the “War on Terror” are creating a more polarized and dangerous world, with grave effects in Sudan. In addition to the terror and human rights violations permeating the North, frustration also …

Ethnic Conflict, Kristina Libby

Human Rights & Human Welfare

Since the fall of the Soviet Union, Russia has experienced high levels of ethnic conflict with regard to exit claims by former satellite states that no longer want to be part of the federation. Exit claims often antagonize the state. However, political leaders of titular ethnicities maximize ethnic revivals to keep traditions alive, and to minimize the amount of exclusion vis-à-vis the center. Massive human rights violations have resulted because of misperceptions between the center and the periphery, especially in Chechnya, the Volga-Ural’s Region and Eastern Siberia.

Violations Of Human Rights During Military Operations In Chechnya, Federico Sperotto

Human Rights & Human Welfare

The case-law of the European Court of Human Rights concerning violations of human rights law during armed conflict has been extended after the first decisions on cases arose from violations, committed during the war in Chechnya between 1999 and 2000. In the words of the Court, at that time the situation called for exceptional measures, in order to regain control over the Republic and suppress an illegal armed insurgency. The Court has been ready to admit those measures, including the deployment of army units equipped with heavy combat weapons, military aviation and artillery, were necessary to counter the aggressiveness of …

The Relative Universality Of Human Rights (Revised), Jack Donnelly

Human Rights & Human Welfare

© Jack Donnelly. All rights reserved.

This article is forthcoming in Human Rights Quarterly.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Reports of how the United States works to spread democracy around the globe bombard the American public almost daily. Ironically, as principles of democratic governance expand worldwide, the United States, once the vanguard for citizen participation in government, has fallen behind. Although the U.S. system of government has evolved - average citizens now vote directly for their national representatives - the United States still stands as one of only three major industrialized countries in the world that has failed to allow its citizens to vote in a national referendum. Referendum democracy varies from representative democracy by allowing the public a …

Polemics In The Israeli-Palestinian Conflict, Jerome Slater

Human Rights & Human Welfare

A review of:

The Case for Israel by Alan Dershowitz. Hoboken, New Jersey: John Wiley & Sons, 2003. 264pp.

and

Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History by Norman G. Finkelstein. Berkeley: University of California Press, 2005. 332pp.