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Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Humanitarian Inviolability In Crisis: The Meaning Of Impartiality And Neutrality For U.N. And Ngo Agencies Following The 2003-2004 Afghanistan And Iraq Conflicts, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Introduction. Humanitarian inviolability is the ability of humanitarian relief agencies, whether official agencies such as the office of the United Nations High Commissioner for Refugees (UNHCR) or private organizations such as the International Committee of the Red Cross (ICRC), to act in situations of extreme human need and suffering, particularly in circumstances of armed conflict, with the assurance that their personnel, their property, and their activities will not be made the object of attack. It is a concept that is at the core of all humanitarian relief work, especially during war, when the cooperation of the belligerent parties is essential …

Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson

Popular Media

The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …

The Role Of Justice In The Former Yugoslavia: Antidote Or Placebo For Coercive Appeasement?, Paul Williams, Patricia Taft

Articles in Law Reviews & Other Academic Journals

Throughout the 1990's, the approach of the European Union and the United States to the conflicts in the former Yugoslavia was one of coercive appeasement. By most professional and historical accounts, this approach was a failed one, with the consequences that over 250,000 civilians were killed, thousands raped and millions displaced. Throughout the conflict, the institutions of justice created by the international community frequently served as a mere placebo rather than an antidote to the dominant approach of coercive appeasement. Frequently key policymakers actively sought to constrain the role of justice during the peace building process. At times during the …

The Role Of The United States Military Lawyer In Projecting A Vision Of The Laws Of War, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson

Presentations

Panel discussion.

When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …

Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …

The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan

Articles in Law Reviews & Other Academic Journals

Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.

First In The Field: The Unique Mission And Legitimacy Of The Red Cross In A Culture Of Legality, Kenneth Anderson

Popular Media

This 1998 Times Literary Supplement essay reviews a massive history of the International Committee of the Red Cross and the Red Cross movement up through the end of the Second World War - a book which was the first to use access to ICRC archives of the Second World War.

Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Task Force Statement Of The Twentieth Century Fund's Task Force On Apprehending Indicted War Criminals: Meeting The Obligations Of Justice, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Warrior Ants: The Enduring Threat Of The Small War And The Land-Mine, Kenneth Anderson

Book Reviews

This 1996 Times Literary Supplement essay examines two very different books about aspects of warfare. Robert O'Connell's Ride of the Second Horseman is a speculative history of the rise of warfare among human beings, looking back to early human beings. It is a striking account, even though speculative, because it deals in early human behavior without offering an explanation from evolutionary biology. O'Connell acknowledges that non-human species can engage in warfare, and specifically notes ants. In that process, he carefully distinguishes - as few writers do - between aggression, violence, weapons use, predation, and war.

The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Introduction. Although the United Nations has frequently been criticized for responding too slowly to problems in the developing world, it can take pride in having been among the first to recognize the crisis of antipersonnel landmines. Ever since the issue was first raised in 1992 by the International Committee of the Red Cross, key actors at the United Nations-including the Secretary General and other senior executives in the departments of Peacekeeping, Humanitarian Affairs, the High Commissioner on Refugees, and UNICEF-have been forthright on the need to take action against this problem.' The brief but specific mention of landmines in the …

Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson

Book Reviews

This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.

Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Introduction. Journalistic and scholarly accounts of the breakup of Yugoslavia contain, taken together, a curious contradiction. On the one hand, it is said, Yugoslavia was never anything more than a "bad dream,"' a flawed attempt to unify "from above" peoples who have historically hated one another. The immediate causes of the conflict are therefore simply centuries-old ethnic hatreds. The veneer of Yugoslav federal unity was nothing more than a myth, a cosmetic surface stripped away in a trifling by deeper and darker enmities. There are old scores to settle whether dating from the Second World War or from the fourteenth …

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This law journal note dating from the Central American civil wars of the 1980's discusses ways in which the US Congress could impose detailed action requirements related to human rights as a condition of continuing US military assistance to the government of El Salvador.