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Full-Text Articles in Law
Sexual Violence As A Weapon Of War In Ethiopia's Tigray Region And The Developing Adjudication Of Violations Of The Protocol On The Rights Of Women In Africa, Valerie R. Cook
American University International Law Review
On November 4, 2020, a civil war broke out in the Tigray region of Ethiopia between joint Ethiopian and Eritrean military forces and the Tigray People’s Liberation Front (“TPLF”). The war is in part an ethnic conflict between the newly centralized nationalist government under Prime Minister Abiy Ahmed and the once politically dominant beneficiaries of a federalist system, the TPLF. Sexual violence as a method of war has become a hallmark of this conflict as reports of rape by Ethiopian and Eritrean soldiers against Tigrayan women have increased.
Prologue, Claudio Grossman, Robert K. Goldman
Prologue, Claudio Grossman, Robert K. Goldman
American University International Law Review
We are pleased to write this prologue for the special issue of the American University International Law Review featuring the winning papers from the 2021 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.
Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto
Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto
American University International Law Review
Countering terrorism has been a priority agenda point for the international community, especially after the September 11th attacks. As the International Committee of the Red Cross (ICRC) points out, “States have had to confront a threat emanating from individuals and non-State armed groups [(NSAGs)] that resort to acts of terrorism. In response, States and international organizations have developed increasingly robust counterterrorism measures.”
The Right To Assembly Should Extend Online In China, Gracie Kreth
The Right To Assembly Should Extend Online In China, Gracie Kreth
Human Rights Brief
Peng Shuai, China’s star tennis player, logged onto the Chinese social media platform Weibo in November 2021 and posted a description of her relationship with Zhang Gaoli, a powerful Chinese leader and former Vice Premier of China. Shuai alleged in her post that after a consensual relationship with Gaoli, he sexually assaulted her. She described her feelings from the trauma and the suicidal thoughts that followed. Within minutes, the Chinese government scrubbed the post from the internet — but it was still quick to spread, battling the “Great Firewall.” Shuai’s profile essentially disappeared online; along with Shuai in the real …
The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard
The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard
Human Rights Brief
Nicole Jacobson, an American Peace Corps Volunteer (PCV) in a Zambian village, was “far from home and feeling alone” when the father of the host family that the Peace Corps (“the agency”) placed her with sexually assaulted her. Jacobson reported the assault to Peace Corps staff, who told her it was a cultural misunderstanding and kept Jacobson at the site for more than a year before allowing her to leave in 2018. Unfortunately, Jacobson’s story is not unique. In fact, she is one of many Returned Peace Corps Volunteers (RPCVs) who have come forward in recent years to share stories …
Brazil’S Violence Against Indigenous Peoples, Andre Taylor
Brazil’S Violence Against Indigenous Peoples, Andre Taylor
Human Rights Brief
Centuries of violence and displacement define the relationship between indigenous peoples and the successive governments of Brazil. As Brazil embarks on a massive expansion of its agribusiness and mining operations, the systemic denial of land rights and illegal economic activity on protected lands has threatened traditional ways of life practiced by indigenous peoples. The most aggressive policy taken by the Brazilian government has involved legitimizing land claims on unregistered ancestral indigenous lands for development, putting 37,800 square miles of territory at risk for exploitation by loggers, ranchers, and farmers.
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Human Rights Brief
Chocholáč v. Slovakia asks whether Slovakia’s disciplinary actions against a prisoner in possession of concealed pornographic materials violated the European Convention of Human Rights (“the Convention”). Roman Chocholáč, a thirtythree-year-old currently serving a life sentence in Leopoldov prison was found possessing a “popular weekly magazine” with sexually-explicit pictures pasted inside. The State deemed the added material a threat to morality and prison staff confiscated it. On November 21, 2017, Chocholáč v. Slovakia was brought to the European Court of Human Rights (ECtHR), presenting legal questions under Slovakia’s Criminal Code and Execution of Prison Sentences Act, as well as Articles 8 …
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Human Rights Brief
In 2012, Former Venezuelan President Hugo Chavez withdrew from the American Convention on Human Rights (ACHR or “the Convention”). He presented a letter issued by the Department of Foreign Affairs before the Secretary General of the Organization of American States (OAS). The denunciation became effective in 2013. Thereafter, no one could petition before the Inter-American Commission or the Inter-American Court (IACHR) to hold Venezuela accountable for human rights violations. Meanwhile, between 2014 and 2019, the government’s armed groups have killed more than 19,000 people.
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's special issue of the American UniversityInternationalLaw Review and the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2021 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …
Australia's First Nations Community And The Right To Water, Maya Martin Tsukazaki
Australia's First Nations Community And The Right To Water, Maya Martin Tsukazaki
Human Rights Brief
No abstract provided.
Toward Permanent Peace And Stability In Artsakh, George Yacoubain
Toward Permanent Peace And Stability In Artsakh, George Yacoubain
Human Rights Brief
No abstract provided.
Tanzania Blocks Direct Petitions To The African Court On Human And Peoples' Rights, Ben Phillips
Tanzania Blocks Direct Petitions To The African Court On Human And Peoples' Rights, Ben Phillips
Human Rights Brief
No abstract provided.
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2020 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and on so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2019 Human Rights Essay Award competition. A third winning essay will be included in Volume 35, Issue 3. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2018 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen
Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen
Articles in Law Reviews & Other Academic Journals
The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …
International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld
International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld
Articles in Law Reviews & Other Academic Journals
This paper’s hypothesis is that the international standard setting bodies (SSBs) could improve the quality of their international standards by incorporating a human rights analysis. It focuses on five SSBs and seven of their international standards and its findings include the following: First, the standards all implicate the right of non-discrimination, and the rights to information, privacy and an effective remedy. Second, they each raises economic, social and cultural rights issues, including the obligation to allocate ‘maximum available resources’ to the progressive realization of economic, social and cultural rights; the human rights responsibilities of private actors exercising delegated regulatory authority, …
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2017 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Academy On Human Rights And Humanitarian Law Articles And Essays On Extractive Industries And Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pnzon
Academy On Human Rights And Humanitarian Law Articles And Essays On Extractive Industries And Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pnzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2016 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Seeking Justice In Lago Agrio And Beyond: An Argument For Joint Responsibility Of Host States And Foreign Investors Before The Regional Human Rights Systems, Megan S. Chapman
Seeking Justice In Lago Agrio And Beyond: An Argument For Joint Responsibility Of Host States And Foreign Investors Before The Regional Human Rights Systems, Megan S. Chapman
Human Rights Brief
No abstract provided.
Repairing The Irreparable: Current And Future Approaches To Reparations, Chanté Lasco
Repairing The Irreparable: Current And Future Approaches To Reparations, Chanté Lasco
Human Rights Brief
No abstract provided.
Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco
Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco
Human Rights Brief
No abstract provided.
Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow
Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow
Articles in Law Reviews & Other Academic Journals
This paper explores the lessons to be learned from the South African debt crisis of the mid-1980s and suggests ways in which it could have been used to promote human rights changes in apartheid South Africa.