Law Commons^™

The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol

FIU Law Review

My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.

Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof

All Faculty Scholarship

In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists, psychiatrists, …

Book Review, Marcos Zunino, Justice Framed: A Genealogy Of Transitional Justice (2019), Mark A. Drumbl

Scholarly Articles

Transitional justice initiatives, broadly speaking, respond to systematic human rights abuses. These initiatives take multiple shapes and forms. This means that the actual practice of transitional justice is diverse and organic. Transitional justice discourse, however, is aspirational, normative and selective. It is less heterogeneous and far more directive. Marcos Zunino’s eye-opening book, Justice Framed, is about gaps between narrative discourse and tangible practice. It is about the effects of discourse on practice. More pointedly, Justice Framed is about how discourse ‘surfaces’ certain kinds of practices of the past while sidelining and ignoring others. Hence, to come full circle, this book …

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: Congress Enacts Sanctions Legislation Targeting Russia • United States and Qatar Sign Memorandum of Understanding over Terrorism Financing • Trump Reverses Certain Steps Toward Normalizing Relations with Cuba • United States Announces Plans to Withdraw from Paris Agreement on Climate Change • President Trump Issues Trade-Related Executive Orders and Memoranda • United States, Russia, and Jordan Sign Limited Ceasefire for Syria • Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch

Richmond Journal of Global Law & Business

Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …

Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon

Touro Law Review

No abstract provided.

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States Adjusts Aid to Egypt in Light of Legal and Political Developments • P51 and Iran Reach Agreement on Iranian Nuclear Program; Obama Administration Seeks Congressional Approval • United States Authorizes New Sanctions Program Aimed at Foreign Perpetrators ofCyberattacks and Cyberexploits • Normalization of Cuba-U.S. Relations Continues • U.S. Navy Continues Freedom of Navigation and Overflight Missions in the South China Sea Despite China’s “Island-Building” Campaign • U.S. Department of Justice Charges Leaders of FIFA, Affiliate Soccer Organizations, and Sports Marketing Companies in 47-Count Indictment

The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles

Georgia Journal of International & Comparative Law

No abstract provided.

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell

Loyola of Los Angeles Law Review

In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …

Contemporary Practice Of The Untied States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Iran Nuclear Framework Agreement Reached; Congress Seeks to Influence Negotiation • United States Lifts Some Cuba Restrictions and Explores the Possibility of Normalizing Relations • United States Responds to Alleged North Korean Cyber Attack on Sony Pictures Entertainment • Senate Select Committee on Intelligence Releases Executive Summary of Its Study of CIA’s Detention and Interrogation Program • President Obama Seeks Statutory Authorization for the Use of Military Force Against ISIL

Essay: Inside Guantanamo, Peter Jan Honigsberg

Nevada Law Journal

In May 2007 I visited Guantanamo Bay, Cuba. What I saw and experienced then are fading away and will soon disappear, now that two-thirds of the nearly 800 detainees have been released and President Obama will close the detention centers within the year. Consequently, this essay provides a historical account of one person's media visit to Guantanamo, when it was a fully-operational prison violating human rights, due process and international law.

The essay describes not only the visit but also the application process - a bizarre experience. The military's application concluded with two quotes from the New Testament and included …

Inside Guantanamo, Peter J. Honigsberg

Peter J Honigsberg

In May 2007 I visited Guantanamo Bay, Cuba. What I saw and experienced then are fading away and will soon disappear, now that two-thirds of the nearly 800 detainees have been released and President Obama will close the detention centers within the year. Consequently, this essay provides a historical account of one person's media visit to Guantanamo, when it was a fully-operational prison violating human rights, due process and international law.

The essay describes not only the visit but also the application process -- a bizarre experience. The military's application concluded with two quotes from the New Testament and included …

Human Rights In Cuba, Susan Kemp

Human Rights & Human Welfare

In 1959, Fidel Castro established a Cuban socialist state closely aligned with the Soviet Union. The Soviet Union's collapse brought an end to Soviet economic support which, combined with the U.S. embargo, created an economic crisis in the early 1990s. The Cuban government's instability and desire to maintain control overrides the individual rights of its citizens. These events are the background for the lack of fundamental human rights in Cuba today.

The Provincial Archive As A Place Of Memory: The Role Of Former Slaves In The Cuban War Of Independence (1895-98), Rebecca Scott

Book Chapters

Prof. Scott focuses on the study of the role of former slaves in the Cuban War of Independence, in light of the avoidance of the theme of race within this war in Cuban historiography. She discusses reasons for the silence on race issues, and for the historic construction of the "myth" of racial equality in this era.

Chapter Ii Legal Strategy In Defensive Economic Warfare The Sugar Encounter, Neill H. Alford

International Law Studies

No abstract provided.