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Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Book Chapters
A central question in the literature on customary international law (CIL) goes to method: what is the proper method for "finding" CIL - that is, for determining that particular norms qualify as ClL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to be CIL …
Behind The Flag Of Dunant: Secrecy And The Compliance Mission Of The International Committee Of The Red Cross, Steven Ratner
Behind The Flag Of Dunant: Secrecy And The Compliance Mission Of The International Committee Of The Red Cross, Steven Ratner
Book Chapters
In the world where most NGOs see their role in the international legal process as public advocacy, often through naming and shaming, the International Committee of the Red Cross stands apart. Much of its work consists of confidential visits and secret communications to warring parties. It rarely identifies violators publicly; it leaves its legal position on many issues ambiguous; and at times it avoids legal discourse entirely. This aversion to transparency is not only at odds with the assumptions of the naming and shaming strategy regarding the most effective means to induce compliance. It also makes it almost impossible for …
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Ieepa's Override Authority: Potential For A Violation Of The Geneva Conventions' Right To Access For Humanitarian Organizations?, Jennifer R. White
Michigan Law Review
This Note argues that, should the President exercise his override authority to prohibit or restrict the donation of humanitarian articles during an armed conflict involving the United States, the resulting prohibition or restriction would cause the United States to violate its obligations under the Conventions. This Note does not assert that the United States should not have the ability to put in place controls to prevent terrorists from benefiting from donations of funds and other humanitarian items; instead, it asserts that domestic law must tread as lightly and narrowly as possible where a widely accepted multilateral treaty exists and that …
Normative And Policy Restraints On War, William V. O'Brien
Normative And Policy Restraints On War, William V. O'Brien
Michigan Law Review
A Review of Restraints on War: Studies in the Limitation of Armed Conflict edited by Michael Howard, and Humanitarian Politics: The International Committee of the Red Cross by David P. Forsythe