Law Commons^™

The Icc Should Not Encourage Occupation, Uri Weiss

Touro Law Review

No abstract provided.

Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.

Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf

Georgia Journal of International & Comparative Law

No abstract provided.

Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper

Georgia Journal of International & Comparative Law

No abstract provided.

Practical Considerations For The Development Of Legal Standards For Intervention, Michael J. Matheson

Georgia Journal of International & Comparative Law

No abstract provided.

Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler

Georgia Journal of International & Comparative Law

No abstract provided.

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.

In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin

Indiana Journal of Global Legal Studies

To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …

An Examination Of The Varying Role Of The United Nations In The Civil Wars Of Rwanda And El Salvador, Vanessa Jaramillo-Cano

Calvert Undergraduate Research Awards

The purpose of this work is to examine the efforts of the United Nations in the Post-Cold War era with special emphasis on peacekeeping missions. A comparative study of recent United Nations peacekeeping operations will be completed to identify the variables that encourage or discourage international (UN) involvement in cases of civil conflict. For the purpose of this work, civil conflict will be narrowly defined as a domestic conflict with two major armed groups (ie: civil wars). Two countries will be studied to explore the nature of the respective conflicts, the transitional methods used by the peacekeeping mission to return …

Intervention In Libya, Yes, Intervention In Syria, No: Deciphering The Obama Administration, Amos N. Guiora

Case Western Reserve Journal of International Law

No abstract provided.

Teaching Notes: Rights And Rebuilding In El Salvador, Elaine K. Denny, Susan Waltz

Human Rights & Human Welfare

We have prepared this two-part case study with two pedagogical purposes in mind: (1) To develop an understanding of the concept (and political meaning) of human rights. (2) To facilitate discussion about processes of reconciliation and reconstruction and the importance of holistic conceptions of rights and security for future stability.

© Elaine K. Denny & Susan Waltz. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. …

The Thickest Grey: Assessing The Status Of The Civilian Response Corps Under The Law Of International Armed Conflict And The U.S. Approach To Targeting Civilians, Dan E. Stigall

American University International Law Review

No abstract provided.

Rights And Rebuilding In El Salvador: A Case Study In Two Parts, Elaine K. Denny, Susan Waltz

Human Rights & Human Welfare

In January 2007, on the 15th anniversary of the signing of the peace accords that ended 12 years of civil war and grave human rights violations in El Salvador, UN Secretary General Ban Ki-moon praised El Salvador as a model for other countries emerging from conflict: “The groundbreaking accords signed in Mexico City in January 1992 not only set El Salvador on a new course. They also provided precedents and experiences that continue to inspire others who are striving to rebuild their societies following conflict. And they continue to be a point of reference for the United Nations, as we …

Is Lawfare Worth Defining - Report Of The Cleveland Experts Meeting - September 11, 2010, Michael P. Scharf, Elizabeth Andersen

Case Western Reserve Journal of International Law

This is the report of the Cleveland Experts Meeting.

Lawfare: Where Justice Meets Peace, James Ogoola Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Justice After War: Sri Lanka And The Rights And Duties Of A Vanquisher, William Paul Simmons

Human Rights & Human Welfare

Human rights scholars, attorneys, and activists will deservedly focus on the human rights abuses committed by the Sri Lankan military as the decades - long civil war against the Tamil Tigers came to a crushing end this past spring. The military’s brutality, especially its failure to discriminate combatants from non-combatants, should be investigated by both domestic and transnational institutions. It remains to be seen whether such wanton disregard for civilian collateral damage will become the norm for regimes embroiled in civil wars and present yet another realpolitik threat to humanitarian law, or will Sri Lanka and other regimes face accountability …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

What Next for Sri Lanka's 2.5 Million Tamils? by Amantha Perera. Time. May 26, 2009.

and

How to Defeat Insurgencies: Sri Lanka's Bad Example by Bobby Ghosh. Time, May 20, 2009.

The War Goes On - No Reconciliation At This Stage, Anja Mihr

Human Rights & Human Welfare

The victorious Sri Lankan President Mahinda Rajapaska has been quite bold to pass a reconciliation note after he declared the thirty year war over. Can he be taken seriously?

Moving In The Open Daylight, Nicola Colbran

Human Rights & Human Welfare

The road ahead for Sri Lanka is certainly not easy. Although the government has declared that the LTTE ( Liberation Tigers of Tamil Eelam) has been defeated, this “victory” has come at a high cost for civilian lives and democratic values. Decades of instability and violence have given rise to deep rooted and sustained human rights violations. Thousands of Sri Lankans have been displaced, killed or wounded, and are malnourished and traumatized after months of extended fighting between the two sides.

2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice, Moirah Sanchez, Carlos Hurtado, Anneliese Fleckenstein, Jose Gregorio Rojas

ILSA Journal of International & Comparative Law

This dispute arises from the Dysfuntian civil war between Restonian and Cascadian militias, resulting in the creation of Reston (Respondent)-a developing State-and Cascadia (not party to the case).

The Guatemalan Ways Of Death, Kenneth Anderson

Book Reviews

Book review of Allen J. Christenson, Art and Society in a Highland Maya Community; Garrett W. Cook, Renewing the Maya World: Expressive Culture in a Highland Town; Diane M. Nelson, A Finger in the Wound: Body Politic in Quincentennial Guatemala; June C. Nash, Mayan Visions: The Quest for Autonomy in an Age of Globalization.

Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson

All Faculty Scholarship

International law requires that a person have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, or membership of a particular social group in order to be recognized as a refugee. That is, under the Convention Relating to the Status of Refugees, there must be a nexus between the danger faced by the refugee and one of the five Convention-recognized reasons for persecution. However, in a 1998 decision of the House of Lords in the United Kingdom, the House of Lords concluded that a man fleeing clan warfare in Somalia could not meet the nexus …

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Journal Articles

In May 1982, the International Committee of the Red Cross negotiated an agreement that facilitates prisoner of war exchanges from the Afghan conflict. Despite its creation, numerous problems exist that hinder its effective implementation. This Article examines those problems and discusses the benefits of these types of agreements. Ultimately, it is proposed that the ICRC should continue its efforts to develop these agreements to continue improving the international law that governs civil war and internal conflict.

A Retrospective Analysis Of United Nations Activity In The Congo And Its Significance For Contemporary Africa, Agola Auma-Osolo

Vanderbilt Journal of Transnational Law

U Thant's decision to take action against Katanga's secession--a decision that was welcomed by most African countries--must have been motivated, at least in part, by his Third World sympathies as well as his views as to the significance of chapter VII of the United Nations Charter. It was his positive attitude toward the Afro-Asian bloc, of which his own country is a member, that determined the decision U Thant made. Had U Thant been from the West, it is more likely that his decision would not have deviated from that of Hammarskjold...

With these experiences, it is therefore hoped that …