Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 16 of 16
Full-Text Articles in Law
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, Meilena Sterio
Articles in Law Reviews & Other Academic Journals
No abstract provided.
October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton
October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Articles in Law Reviews & Other Academic Journals
The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
Articles in Law Reviews & Other Academic Journals
Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …
State-Enabled Crimes, Rebecca Hamilton
State-Enabled Crimes, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
International crimes are committed by individuals, but many – from genocide in Rwanda to torture at Abu Ghraib – would not have occurred without the integral role played by the State. This dual contribution, of individual and State, is intrinsic to the commission of what I term “State-Enabled Crimes.” Viewing international adjudication through the rubric of State-Enabled Crimes highlights a feature of the international judicial architecture that is typically taken for granted: its bifurcated structure. Notwithstanding the deep interrelationship between individual and State in the commission of State-Enabled Crimes, the international legal system adjudicates the responsibility of each under two …
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Crashing The Misdemeanor System, Jenny M. Roberts
Crashing The Misdemeanor System, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.
Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …
Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson
U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.
The essay defends the concept of counterterrorism …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton
The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena
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.
Human Rights Policy In The Age Of Terrorism, Juan E. Mendez
Human Rights Policy In The Age Of Terrorism, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez
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.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman
The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.