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Articles 1 - 25 of 25
Full-Text Articles in Law
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.
This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
American University International Law Review
Kyi sat on the banks of the Inya Lake, saying goodbye to the place they said was no longer her home. The government of Myanmar had given her an option: leave or be arrested. She felt lucky to leave; most activists she knew did not get a warning first. A few kilometers away, her parents’ graves sat cleaned, adorned with fresh flowers. She hoped her sister would keep up the task in her absence, but she hadn’t been able to get ahold of her in quite some time. The feeling of the country was getting more concerned—"frantic" she explained, laughing, …
Until The United States Regulates Tech Exports, It Will Continue To Enable China's Surveillance Of The Uyghurs, Alexandra Haris
Until The United States Regulates Tech Exports, It Will Continue To Enable China's Surveillance Of The Uyghurs, Alexandra Haris
Human Rights Brief
No abstract provided.
Documentation For Accountability, Paul Williams, Jessica Levy
Documentation For Accountability, Paul Williams, Jessica Levy
Articles in Law Reviews & Other Academic Journals
The cost of armed conflict is borne not only in the stark number of lives lost, but also in the grave atrocity crimes committed during these periods. Despite the legal protections set forth in the Geneva Conventions and other foundational documents of international humanitarian law, perpetrators continue to commit crimes against humanity, war crimes and genocide. Documenting these atrocity crimes has become a crucial step in efforts to secure justice for victims and survivors of these atrocities. To support the expanding field of human rights documentation, the international community must redouble its efforts to ensure that civil society actors engaged …
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.
Atrocity Prevention In The New Media Landscape, Rebecca Hamilton
Atrocity Prevention In The New Media Landscape, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Journalists have traditionally played a crucial role in building public pressure on government officials to uphold their legal obligations under the 1948 UN Convention on the Prevention and Punishment of Genocide. But over the past twenty years there has been radical change in the media landscape: foreign bureaus have been shuttered, young freelance journalists have taken over some of the work traditionally done by experienced foreign correspondents, and, more recently, the advent of social media has enabled people in conflict-affected areas to tell their own stories to the world. This essay assesses the impact of these changes on atrocity prevention …
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 …
Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson
Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson
Articles in Law Reviews & Other Academic Journals
This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.
Political Genocide In Latin America: The Need For Reconsidering The Current Internationally Accepted Definition Of Genocide In Light Of Spanish And Latin American Jurisprudence , Howard Shneider
American University International Law Review
No abstract provided.
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Articles in Law Reviews & Other Academic Journals
This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential problems that arise when international courts have to adjudicate on overlapping situations. It describes the dispute between the ICJ and the ICTY on the appropriate legal standard for the attribution of state responsibility, and finds that the ICJ’s approach in this case suggests that those keen to minimize the fragmentation of international law between adjudicative bodies should not overlook the need for consistency within those bodies.With regard to fact finding, this article raises serious concerns about the manner in which the ICJ relied …
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Holding States Accountable For The Ultimate Human Right Abuse: A Review Of The International Court Of Justice’S Bosnian Genocide Case, Scott Shackelford
Holding States Accountable For The Ultimate Human Right Abuse: A Review Of The International Court Of Justice’S Bosnian Genocide Case, Scott Shackelford
Human Rights Brief
No abstract provided.
Reflections On The Judgment Of The International Court Of Justice In Bosnia’S Genocide Case Against Serbia And Montenegro, Susana Sácouto
Reflections On The Judgment Of The International Court Of Justice In Bosnia’S Genocide Case Against Serbia And Montenegro, Susana Sácouto
Human Rights Brief
No abstract provided.
Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon
Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon
Human Rights Brief
No abstract provided.
Remarks On Intervention, Juan E. Mendez
Remarks On Intervention, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher
Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher
Human Rights Brief
No abstract provided.
The Impact Of Hiv On The Rape Crisis In The African Great Lakes Region, Jennifer M. Hentz
The Impact Of Hiv On The Rape Crisis In The African Great Lakes Region, Jennifer M. Hentz
Human Rights Brief
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green
Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green
Articles in Law Reviews & Other Academic Journals
This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.
Prospects For Justice In Rwanda’S Citizen Tribunals, Leah Werchick
Prospects For Justice In Rwanda’S Citizen Tribunals, Leah Werchick
Human Rights Brief
No abstract provided.
Intrastate Ethnic Conflicts And International Law: How The Rise Of Intrastate Ethnic Conflicts Has Rendered International Human Rights Laws Ineffective, Especially Regarding Sex-Based Crimes , Karina Michael Waller
Intrastate Ethnic Conflicts And International Law: How The Rise Of Intrastate Ethnic Conflicts Has Rendered International Human Rights Laws Ineffective, Especially Regarding Sex-Based Crimes , Karina Michael Waller
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Permanent International Criminal Court: Soon To Be A Reality , Richard J. Wilson
A Permanent International Criminal Court: Soon To Be A Reality , Richard J. Wilson
Human Rights Brief
No abstract provided.
Nuremberg Sensibility: Telford Taylor's Memoir Of The Nuremberg Trials, Kenneth Anderson
Nuremberg Sensibility: Telford Taylor's Memoir Of The Nuremberg Trials, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This brief 1994 book review essay (5500 words) examines Telford Taylor's memoir, The Anatomy of the Nuremberg Trials (1992). The review is a personal one, set against two things - the author's work, while reading Taylor's memoir, in Iraq for Human Rights Watch leading a forensic team excavating Kurdish victims of the 1988 al-Anfal campaign, and the diplomatic discussions leading to the formation of the International Criminal Tribunal for Yugoslavia. The essay argues that the Nuremberg trials, according to Taylor, had a certain deflationary emotional affect - deliberately ratcheting down the emotions of what had occurred to the limited world …