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Military, War, and Peace

San Diego International Law Journal

Human rights

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan May 2006

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan

San Diego International Law Journal

Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …


Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet Nov 2005

Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet

San Diego International Law Journal

This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …


"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan May 2005

"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan

San Diego International Law Journal

With the recent trend towards holding corporations accountable for aiding and abetting human rights abuses abroad, this paper asks the question whether corporations should be held liable for knowingly facilitating human rights abuses abroad by selling equipment widely known to be used in such abuses. To this end, the case of Caterpillar sales to Israel will here be examined. Part II provides an overview of the history of the Alien Tort Claims Act (ATCA) and its applicability in United States courts. Part III gives an overview of how corporate liability for human rights abuses abroad developed under the ATCA. Part …


From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar May 2004

From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar

San Diego International Law Journal

The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).