Law Commons^™

Opening Address For The American Society Of International Law 2025 Midyear Meeting: "No Liberty Without An Independent Jury", Hon. Leo M. Gordon

Case Western Reserve Journal of International Law

No abstract provided.

Child Welfare And Global Governance: A New Framework For Cross-Border Accountability, Megan Ryan, Bailee Gibbs

Case Western Reserve Journal of International Law

The U.N. Convention on the Rights of the Child has long failed to adequately protect all children, such as those separated from their families due to detention, deportation, exile, imprisonment, or death. Although Article 9(4) of the UNCRC imposes obligations on States when separations occur due to the actions of State Parties, a clear gap exists between these obligations and their implementation. Specifically, Article 9(4)’s effectiveness is often undermined by obstacles such as tensions between State sovereignty and international law, insufficient domestic measures, and weak enforcement mechanisms for holding States accountable. This Article discusses these obstacles, presents two case studies …

From Generation To Generation: Older People And Ageism In Violent Conflict, Alexis Jori Shanes

Case Western Reserve Journal of International Law

Conflicts in every generation disproportionately impact older people. Older people are often unable to exercise their most basic human rights during peacetime, and conflicts only amplify this problem. Despite this reality, international law does not provide specialized protection for older people, and they are often excluded from international justice processes.

International law does not define the term “older,” although the word is often used to describe a group of people roughly age 60 or above. But there is no question that the median age of the global population is rising. Today, there are more than 700 million people older than …

Challenging National Security List Designations In U.S. Courts, Ruowen Shi

Case Western Reserve Journal of International Law

National security list designations have emerged as a prominent feature of U.S. foreign policy, directly targeting individuals and entities through administrative channels. Programs such as the SDN List, the Entity List, and the 1260H List deliberately restrict access to financial resources and critical technologies, functioning in practice as de facto sanctions. These lists span a regulatory spectrum, differing in statutory bases, policy objectives, and severity of consequences, but all share the common feature of making delisting extremely difficult. A series of cases demonstrates that such barriers stem primarily from the limited applicability of the Administrative Procedures Act (APA) in the …

Blurring The Lines: A Reflection On The ‘Relaxation’ Of The Organization Requirement Of Article 7(2)(A) Of The Rome Statute Since The Situation In Kenya Decisions, Leonardo Helman

Human Rights Brief

International criminal liability for Crimes Against Humanity (CAH) was born during the International Military Tribunal at Nuremberg to address the atrocities committed by the Nazi regime against civilians throughout the Third Reich. Since the post-World War II tribunals at Nuremberg and Tokyo, the definition of CAH has undergone several evolutionary stages to better reflect the circumstances in which atrocities have been committed. The ad hoc tribunals for Yugoslavia and Rwanda substantially adjusted the definition of CAH to fit the context of these conflicts. However, this evolution of CAH in the ad hoc cases did not yield a definition applicable in …

Rights On Paper, Violations In Practice: Israel, The U.S., And The Failure To Enforce Judicial Pro¬Tections And International Obligations In Cases Of Arbitrary Detentions, Anjali Narayanan

Human Rights Brief

Muhammad Srur, a 34-year-old father, en­dured small cells, restricted movement, minimal family visits, and limited access to legal counsel when detained by Israel. He was beaten during arrest and interrogation, and the food, medical care, and living conditions fell below international standards. Half a world away, Abu Zubaydah remains in extreme isolation at Guantánamo Bay, following secret CIA detention where he faced prolonged confinement, sleep deprivation, stress positions, and other forms of torture. These men will never meet. Yet, their situations reflect the same legal reality: both have been placed into categories designed to fall outside the full protections of …

Corporate Responsibility In Business Dealings With War Criminals, Michael "Mac" Richards

Human Rights Brief

In the Democratic Republic of the Congo (DRC), a decades-long conflict has displaced over fourteen million people, killed over six million, and led to the highest rates of sexual violence among any other nation in the world. The DRC is the source of some of the most valuable resources used in the production of consumer electronics: gold, copper, and cobalt. Militia groups, such as Movement Du 23 Mars (M23) and the Allied Democratic Forces (ADF), are taking advantage of the nation’s vast mineral reserves by seizing control of local mining operations and exporting the minerals through neighboring Rwanda. These minerals …

Beyond Borders: Transnational Repression As A System Of Authoritarian Control In Russia, Kazakhstan, And Kyrgyzstan, Jasmine D. Cameron

Human Rights Brief

This Article examines transnational repression, state-sponsored persecution of citizens, human rights defenders, journalists, members of diaspora, and critical voices located outside physical borders, as a systemic tool of political control employed by Russia, Kazakhstan, and Kyrgyzstan. Based on analysis of legislation, published reports, UN Special Rapporteur findings, and case files, this Article provides three case studies that demonstrate different stages of an escalating trend towards transnational repression systems. From Kyrgyzstan, where the government has started to develop and implement harmful practices to persecute its citizens abroad, to a more established system in Kazakhstan, where numerous incidents of transnational repression showed …

B.T. And B.K.Cs. V. Hungary: Separating Roma Children From Their Mothers Before Births, Sara Apostol

Human Rights Brief

In June of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma mother, B.T., and her son after bringing a lawsuit against the Hungarian government for wrongfully violating their right to family life. The Hungarian government ordered the placement of B.T.’s unborn child into State care based on insufficient and dubious evidence used to justify such state action. This case focused on the prejudiced system that places Roma children into the State’s guardianship immediately after birth without evidence of imminent harm or other valid justification. Rather, it is based on the child’s ethnic and socio-economic …

How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan

Human Rights Brief

I. Introduction

For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …

Stability And Accountability In Nagorno-Karabakh And The Armenia-Azerbaijan Conflict, Callum Heath

Human Rights Brief

I. Introduction

On August 8, 2025, President Ilham Aliyev of Azerbaijan and Prime Minister Nikol Pashinyan of Armenia were hosted at the White House by U.S. President Donald Trump to announce the Agreement on Establishment of Peace and Inter-State Relations (the Agreement) in a Joint Declaration. The Agreement sets out to end the decades-long conflict between Azerbaijan and Armenia over the Armenian ethnic enclave of Nagorno-Karabakh within Azerbaijan, and the Azerbaijani exclave of Nakhchivan, which is separated from the rest of Azerbaijan by Armenia. While the White House hails the Agreement as a “historic peace deal,” the reality is more …

“Durable Solutions” Revisited: Italy’S Train-To-Hire Pathway Under The Cutro Decree As Alternative Refugee Protection, Tim Streit

Human Rights Brief

I. Introduction

If the average person were asked to imagine a refugee, they might conjure the image of a migrant fleeing war or persecution, showing up at the border of a new country with a few belongings in hand, and asking not to be sent back to the dangerous place from which they came. In fact, it is not only the hypothetical “average person” who pictures this scenario. The international refugee protection system, developed after World War II through the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol Relating to the Status of Refugees …

Migration In Context And Law: Global Displacement And The U.S. Immigration System, Saya Khandar, Dominic Brunaccioni, Samantha Johnson, Nisa Manzar, Lindsey Nye, Alexis Stephens, Sherise Tracey

Human Rights Brief

On February 20, 2026, the Human Rights Brief at American University Washington College of Law (WCL) held its annual symposium, titled “Migration in Context and Law: Global Displacement and the U.S. Immigration System.” This symposium was curated in response to intensified immigration operations across the United States (U.S.), which have resulted in significant harm to individuals and families nationwide. The discussion centered on the humanity of immigration and explored how global displacement, armed conflict, economic instability, and climate change continue to shape migration. Organizers brought together legal scholars, practitioners, and advocates to examine current immigration policies in the context of …

A Democratic Consultative Constitutionalism For Marxist-Leninist (Socialist) Political Systems—The Theory And Structure Of “Whole Process People’S Democracy” (全过程人民民主), Larry Catá Backer

American University International Law Review

The Chinese Socialist (Marxist-Leninist) constitutional order has recently fully elaborated a theory and practice of democracy, one that has been offered as an alternative model to liberal democratic theory and practice. In contemporary China, this evolution has taken concrete form as the form of 全过程人民民主 (Whole Process People’s Democracy (WPPD)). This essay examines this emerging theory of Chinese democracy both within the structure of Chinese constitutionalism and as an expression of its Marxist-Leninist foundations. The essence of the distinction of this form of democratic theory with classical liberal democracy is the centrality of consultation rather than elections in this system; …

The Unilateral Reinterpretation Of The Treaty Of Waitangi: Analyzing The Treaty Principles Bill And Its Impact On Māori Sovereignty, Jason Kehoe

American University International Law Review

This comment examines New Zealand’s compliance with the Treaty of Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples by examining the countries treatment of Māori following the introduction of the Treaty Principles Bill and comparing the nations treatment of these groups to similarly situated nations. This comment analyzes the legal and moral duties imposed by the UNDRIP and ILO Convention 169 and the criticism New Zealand has faced for its pushback against the principles originally enshrined in the Treaty of Waitangi. This comment will first provide background on the treatment of Māori in New Zealand following …

Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell

American University International Law Review

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …

Renewed Injustice: Domestic Investors And The Energy Transition, Fernando Dias Simões

American University International Law Review

The Spanish renewable energy “saga” offers a graphic account of the structural biases of international investment law. Like other countries, Spain introduced economic incentives in support of photovoltaic energy, attracting sizable national and foreign investment. When this regime proved too burdensome on public finances, the government changed it drastically. Around 60,000 Spanish investors were affected. When these investors sought justice, they faced a different fate from their foreign counterparts. While foreign investors had the option to submit their claims to international arbitral tribunals, domestic investors were limited to national courts.

The outcome was a textbook example of unequal treatment of …

Missing The Right(S) Point: How Australia’S Social Media Ban Fails Children And The Case For A Holistic Rights-Based Approach To Online Safety, Ying Chen

American University International Law Review

In December 2024, Australia rewrote the rules of growing up. Children under sixteen may learn to drive, open a bank account, and even face criminal charges—yet the Australian Government considers them too young to scroll through Instagram or send a Snapchat. With the enactment of the Online Safety Amendment (Social Media Minimum Age) Act 2024, Australia became the first country to introduce an outright ban on social media access for those under sixteen. This bold legislative move has attracted global attention, with several countries reportedly considering similar measures. Through a critical analysis of Australia’s social media ban, this article provides …

2026 Klatsky Endowed Lecture In Human Rights, Beth Van Schaack

Case Western Reserve Journal of International Law

No abstract provided.

Settlers In Syria: Turkey’S Population Transfers And The Geneva Conventions, Eugene Kontorovich, Erielle Azerrad

Emory International Law Review

This Article is the first work of legal scholarship to examine Turkish population transfers in northern Syria, which constitute perhaps the most aggressive movement of settler populations into occupied territory in current times. In particular, it examines the lawfulness of such movements under Article 49(6) of the Fourth Geneva Convention, which prohibits an occupying power from “deport[ing] or transfer[ring] parts of its own civilian population into the territory it occupies.”  In a series of major military operations beginning in 2018, Turkey has seized nearly 3,000 square miles of territory in two sectors in northern Syria and established control. While it …

Is Seeing Still Believing? Comparing Deepfake Regulations In The U.S. And E.U., Sara Weitz

Emory International Law Review

The rapid advancement of deepfake technology has fundamentally altered the trustworthiness of audio and visual media. Deepfakes, synthetic media generated through artificial intelligence, can skew political discourse, manipulate elections, and disproportionately harm women through nonconsensual deepfake pornography. As these issues intensify, the law must provide adequate protections without stifling innovation and infringing on fundamental rights. This requires a careful balancing act.

This comment compares the emerging regulatory frameworks governing deepfakes and artificial intelligence in the United States and European Union. In the United States, constitutional constraints limit federal regulation, resulting in a fragmented patchwork of laws at the state level. …

The Lives Of Fritz Haber And Of International Law: Entwined Tales Of Tragedy And Irony, Mark A. Drumbl, C. William Vardy

Scholarly Articles

This article recounts the life of international law through the story of a single individual. This is the narrative of biographical international law. The subject — equally protagonist and antagonist — of this article is Fritz Haber, a German-Jewish scientist born in 1868. Devoted to the Kaiser, Haber was declared a war criminal by the Allies following World War I for having been ‘the father’ of chemical warfare. Haber argued that chemical weapons were more humane than conventional weapons. While under this shadow, Haber also won the Nobel Prize for chemistry in 1920 for his pioneering work with ammonia …

Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho

Faculty Articles

Insulation produced by the Danish company Rockwool—or its Russian subsidiary—lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels’ operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia’s 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights (“UNGPs”). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law (“IHL”). However, it requires …

Invisible, Manipulated, And Politicised: Rethinking The Conceptual Foundations Of The Un Convention On The Rights Of The Child, Anshul Dalmia

National Law School of India Review

This paper examines whether the rights articulated in the United Nations Convention on the Rights of the Child (‘UNCRC’) can be meaningfully assimilated within the broader framework of international human rights. It locates this inquiry within enduring jurisprudential debates on the nature, justification, and enforceability of children’s rights. While international human rights law presumes a relatively stable rights-bearing subject, children occupy an ambivalent position—simultaneously recognised as rights-holders and as dependents mediated through an adult authority. Drawing on Tobin’s critique, which cautions against the dangers of conceptual indeterminacy, the paper argues that the UNCRC exemplifies these risks. It contends that the …

The International Order, International Law, And The Definition Of Security, Harlan Grant Cohen

Michigan Journal of International Law

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This article argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of …

Comparative Visions For U.S. Group-Based Asylum Proposal, Lauren N. Hughes

Scholarly Articles

Images of asylum seekers and migrants desperate to enter the United States at the southern border abound in U.S. media. Less familiar to the American public, but intertwined with the highly politicized modern migration crisis, is the ever-growing backlog of pending asylum applications before both the Asylum Office and Immigration Courts. This backlog has many causes, including underresourced agencies, a growing number of asylum applicants, the high evidentiary burden and complexities inherent to asylum law, and the lack of counsel for many asylum seekers. In response to this crippling backlog, some scholars propose the adoption of a “group-based” asylum mechanism. …

Discipline And Punishment, Frank Rosenblatt

Journal Articles

Armed forces must be disciplined, but two bodies of international law relating to military discipline are in tension. On the one hand, international humanitarian law requires armed forces to employ robust disciplinary measures to deter and address military misconduct. On the other hand, some international human rights law scholars recently singled out military disciplinary measures as insufficiently protective of soldiers from unfair treatment. Advocates of this new approach proposed to remedy disciplinary unfairness by permitting soldiers to opt out of disciplinary proceedings and elect military criminal trials instead. This Article critically examines four of the underlying assumptions of this new …

The Birth Of Modern International Criminal Law: The International Military Tribunal At Nuremberg, Frank Rosenblatt

Journal Articles

The International Military Tribunal at Nuremberg (IMT), the most famous and arguably most important international criminal trial in human history, almost did not occur. In fact, it might even be an accident of history that the most senior perpetrators of the Nazi regime’s atrocities eventually faced the courtroom instead of summary execution. That their fate was decided by rights over might has shaped the world; helped birth the fields of international criminal law and international human rights law; and become the starting point for conversations about international law, transitional justice, genocide, and human rights.

Mexico’S Judicial Elections And The Politics Of Reform, Amanda Driscoll, Michael J. Nelson, Julio Ríos-Figueroa

Judicature International

No abstract provided.

The Justice For Victims Of War Crimes Act: A Dangerous Expansion Of Universal Jurisdiction To Non-International Armed Conflicts, Yuyan (Nicole) Zhang

Michigan Journal of International Law

Universal jurisdiction over war crimes committed in noninternational armed conflict (“NIACs”) has yet to develop a firm legal foundation under international law. The Justice for the Victims of War Crimes Act of 2023, however, amended the War Crimes Statute (18 U.S.C. § 2441) and extended universal jurisdiction to NIACs. This overreach risks infringing on the sovereignty of NIAC-affected states and destabilizing their ongoing peace processes. Many such states prioritize reconciliation through mechanisms like truth commissions over retributive justice through criminal trials. The prosecution of their nationals under U.S. law could undermine their sovereign decisions and unravel delicate efforts toward peace. …