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Full-Text Articles in Law

U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin Oct 2022

U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin

Binghamton University Undergraduate Journal

After the Korean War in 1950, the Cold War expanded to Asia transitioning from purely economic aid in Europe from the Marshall Plan, to direct military intervention then to covert military operations under the Eisenhower Administration in Indonesia. The focus of this research is on the United States military intervention through covert military operations from 1950-66 and details the evolution of foreign policy in Indonesia from the economic aid to supplying names of PKI insurgents to be slaughtered. With the general research questions of How did CIA interference through covert military operations in Indonesia highlight a shift in CIA intervention …


The Weaponization Of Rape: Military Culture, Tactical Warfare, And Legal Justice, Claire Velte Jul 2022

The Weaponization Of Rape: Military Culture, Tactical Warfare, And Legal Justice, Claire Velte

International Relations Summer Fellows

The long-accepted narrative of wartime rape is one of inevitability, with sexual violence committed at the hands of soldiers during conflict being written off as an unavoidable side-effect of war. In reality, however, wartime rape can be systematically and tactically employed by military forces to terrorize the bodies of their enemies, often as an attempt to physically and psychologically destroy certain populations. The act itself, when employed tactically, is legally recognized as a weapon of war—and the rape of civilians by military forces was legally designated as a crime against humanity in 1993—yet rape continues to be utilized in conflict …


Death By A Thousand Cuts? Green Tech, Traditional Knowledge, And Genocide, Regina Menachery Paulose Jul 2022

Death By A Thousand Cuts? Green Tech, Traditional Knowledge, And Genocide, Regina Menachery Paulose

Genocide Studies and Prevention: An International Journal

Traditional Knowledge is a system of knowledge that is passed down through generations of Indigenous and Ethnic Minority Peoples throughout the world. A subset of Traditional Knowledge is Traditional Ecological Knowledge. These knowledge systems are incorporated throughout various international instruments and are considered vital to ways of life for Indigenous and Ethnic Minority Peoples. The author examines the elimination of Traditional Knowledge as a result of green technology. With discussions surrounding ways to obtain “net zero” in response to climate change, the author (re)introduces the notion that the irresponsible push for carbon zero technologies has a horrendous impact on the …


The Role Of Truth-Telling In Indigenous Justice, Sara L. Ochs Jan 2022

The Role Of Truth-Telling In Indigenous Justice, Sara L. Ochs

Journal of Race, Gender, and Ethnicity

No abstract provided.


Reparations And The International Law Origin Story, John Linarelli Jan 2022

Reparations And The International Law Origin Story, John Linarelli

Journal of Race, Gender, and Ethnicity

No abstract provided.


Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell Jan 2022

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …


Never Again? The United Nations And Genocide: A Doomed Mission?, Maria Terrinoni Jan 2022

Never Again? The United Nations And Genocide: A Doomed Mission?, Maria Terrinoni

Capstone Showcase

Despite their commitment to international peace and security and to the concept of “never again,” the United Nations has failed to end the many genocides of the late 20th century. In this thesis, I use the genocides in Rwanda (1994) and in the Yugoslav Wars (1991-1999) as case studies to understand the UN’s response to genocide and to attempt to understand why the UN cannot effectively respond to and end genocide. I discover that issues such as the limitations of the Genocide Convention, the importance of state sovereignty, and overall institutional failures of the United Nation make any attempt to …