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Full-Text Articles in Law

The Arab Spring's Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake Jan 2014

The Arab Spring's Four Seasons: International Protections And The Sovereignty Problem, Jillian Blake

Jillian Blake

In December 2010, public demonstrations erupted throughout the Middle East against autocratic regimes, igniting a regional political transformation known as the Arab Spring. Depending on events, modern international criminal and humanitarian law provided certain protections to vulnerable populations. However, international law did not provide a uniform degree of protection to civilians and combatants who faced similar circumstances. This Article argues for a uniform standard of protections for all populations affected by armed conflict, war crimes, and crimes against humanity. It evaluates each of five major Arab Spring uprisings (Tunisia, Bahrain, Egypt, Syria, and Libya) and describes the legal protections that …


Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake Jan 2014

Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake

Jillian Blake

In a highly publicized 2013 case, Efraín Ríos Montt, the de facto leader of Guatemala from 1982–1983, was ordered to stand trial for genocide in Guatemala for the deaths of at least 1771 Ixil Mayan people during the most violent period of the country’s thirty-six-year-long civil war. The trial was historic; Ríos Montt became the first former head of state to be tried for genocide in his home country. This Article, using the Guatemalan trial as an example, asks: should domestic courts prosecute genocide? The Article argues that domestic prosecution of genocide is not inherently negative or positive, but could …


A Legal 'Red Line'? Syria And The Use Of Chemical Weapons In Civil Conflict, Jillian Blake Jan 2013

A Legal 'Red Line'? Syria And The Use Of Chemical Weapons In Civil Conflict, Jillian Blake

Jillian Blake

This Essay analyzes the prohibition on the use of chemical weapons in civil conflicts and applies its findings to the Syrian civil war. We find that international humanitarian law and international criminal law provide a clear ban on the use of chemical weapons in international armed conflict. This prohibition is less clear in noninternational armed conflict, suggesting the need for legal reforms to firmly ban the use of chemical weapons in all armed conflicts. Furthermore, we find the use of chemical weapons in Syria does not, by itself, cross a legal red line justifying military intervention. Instead, the use of …


Gang And Cartel Violence: A Reason To Grant Political Asylum From Mexico And Central America, Jillian Blake Jan 2012

Gang And Cartel Violence: A Reason To Grant Political Asylum From Mexico And Central America, Jillian Blake

Jillian Blake

This Essay argues that the United States should view the migrants fleeing violence in Mexico and Central America as refugees. This Essay will describe the nature of the threat from gangs and cartels, present the major arguments for granting gang-based asylum under international refugee law, and describe how the U.S. courts and government have interpreted those arguments. The final section of this Essay will offer an interpretation of refugee law that both bridges the gap between traditional interpretations of the Refugee Convention and also addresses a pressing need to adapt its original meaning to present-day conflicts in Latin America. This …


Update: Organization Of American States, Jillian Blake Jan 2012

Update: Organization Of American States, Jillian Blake

Jillian Blake

No abstract provided.


Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake Dec 2009

Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake

Jillian Blake

No abstract provided.