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Full-Text Articles in Law
Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes, Alyssa Couchie
Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes, Alyssa Couchie
Michigan Journal of International Law
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (“IRS”) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and addressing the harms caused to Indigenous peoples through the settler-colonial process in Canada, this note expresses concern that the dominant framings of anti-Indigenous atrocity violence remain myopically focused on an overly narrow subset of harms and forms of violence, especially those committed at IRSs. It does so by utilizing …
Inciting Genocide With Words, Richard A. Wilson
Inciting Genocide With Words, Richard A. Wilson
Michigan Journal of International Law
During the 1994 genocide in Rwanda, observers emphasized the role of media propaganda in inciting Rwandan Hutus to attack the Tutsi minority group, with one claiming that the primary tools of genocide were “the radio and the machete.” As a steady stream of commentators referred to “radio genocide” and “death by radio” and “the soundtrack to genocide,” a widespread consensus emerged that key responsibility for the genocide lay with the Rwandan media. Mathias Ruzindana, prosecution expert witness at the ICTR, supports this notion, writing, “In the case of the 1994 genocide in Rwanda, the effect of language was lethal . …
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Michigan Journal of International Law
In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Michigan Journal of International Law
The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.
Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman
Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman
Michigan Journal of International Law
This Article suggests that the rationale underlying the Nazi persecution and genocide provisions of the Immigration and Nationality Act should be extended to all cases where aliens have participated in gross human rights violations. Quite simply, the logic underlying these provisions applies with equal rigor and intensity to all forms of human rights violations regardless of where or when they took place. Immigration relief is truly a priceless treasure. The United States should not become a haven for those aliens who have violated the most fundamental norms of international human rights law. Accordingly, immigration relief must not be provided to …
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand
Michigan Journal of International Law
On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …
A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann
A Human Rights Exception To Sovereign Immunity: Some Thoughts On Princz V. Federal Republic Of Germany, Mathias Reimann
Michigan Journal of International Law
Though narrow in scope, this article is emphatic in its message. It is time to deny immunity to foreign sovereigns for torture, genocide, or enslavement, at least when they are sued by Americans in American courts. Such a denial would be consonant with two developments that have marked international law since World War II: the restriction of sovereign immunity and the expansion of human rights protection.
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Michigan Journal of International Law
The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
Michigan Journal of International Law
A reiteration of Professor Paust's views on the topic, followed by an alternative course of action, and the international and domestic aspects of the withdrawal process.