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The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver
The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver
Johan D van der Vyver
ABOUT THE ARTICLE This article identifies the rules of international humanitarian law that have a bearing on the Israeli offensive in Gaza. It first of all attempts to establish whether or not Israel remained an Occupying Power after its disengagement from the Gaza Strip in 2005. If due to the control Israel continued to exercise over border crossings, electricity and water supplies and the like, Israel is found to be de facto in occupation of Gaza, the Hamas responses would qualify as a war of liberation, which in terms of Protocol I to the Geneva Conventions of 12 August 1949 …
Conditions In U.S. Treaty Practice: New Data And Insights Into A Growing Phenomenon, Cindy G. Buys
Conditions In U.S. Treaty Practice: New Data And Insights Into A Growing Phenomenon, Cindy G. Buys
Cindy G. Buys
The U.S. Senate often adds various types of conditions, also known as reservations, understandings, and declarations, to its advice and consent to multilateral treaties. The ability to add conditions to a treaty likely increases the number of States willing to join a treaty because it allows States to modify their treaty obligations to address domestic concerns. However, the use of conditions also has the potential to undermine the integrity of the treaty by allowing States to opt out of important legal obligations and to create legal uncertainty regarding treaty obligations and relationships. This article examines U.S. treaty practice with respect …
“Ya Me Canse”: How The Iguala Mass Kidnapping Demonstrates Mexico’S Continued Failure To Adhere To Its International Human Rights Obligations, Justin A. Behravesh
“Ya Me Canse”: How The Iguala Mass Kidnapping Demonstrates Mexico’S Continued Failure To Adhere To Its International Human Rights Obligations, Justin A. Behravesh
Justin A. Behravesh
This article addresses the recent kidnapping and disappearance of forty-three college students from Iguala, Mexico (the “Iguala Mass Kidnapping”), under the lens of the International Convention for the Protection of All Persons from Enforced Disappearance (the “Convention”). While Mexico’s reporting documents on its compliance with the Convention paint a positive picture of how that country is adhering to Convention, any notion that the country was in compliance with the Convention was completely shattered through the Iguala Mass Kidnapping. The article concludes that the actions of state officials during the Iguala Mass Kidnapping violated articles one, six, and twenty-three of the …
Legal Education As A Rule Of Law Strategy: Problems And Opportunities With U.S.-Based Programs, David Pimentel
Legal Education As A Rule Of Law Strategy: Problems And Opportunities With U.S.-Based Programs, David Pimentel
David Pimentel
Education can be powerful force in building the rule of law in developing countries and transitional states—especially in light of its power to influence culture and its ability to sustain meaningful change. Building a more effective system of legal education is a long term project, however, and a difficult sell given the way rule of law reform gets funded. Shorter term impacts are possible, however, through U.S.-based educational opportunities, which therefore present a compelling opportunity for rule of law promotion. Addressing short-term legal education deficiencies with U.S.-based education can contribute to a vision for the future of legal education in …