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Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
The Ohio State University Moritz College of Law Working Paper Series
US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …
Justice In The Palestine-Israel Conflict, John B. Quigley
Justice In The Palestine-Israel Conflict, John B. Quigley
The Ohio State University Moritz College of Law Working Paper Series
Military-territorial conflicts are typically addressed by the international community on the basis of considerations of justice, meaning relevant standards accepted by the community of states for conduct among states and peoples. If such standards are followed, resulting agreements stand a greater chance of providing for a lasting peace. In the conflict over historic Palestine, considerations of justice have had to compete with considerations of major-power policy, from early twentieth century to the present. When negotiations re-commence, the international community should ensure that they be conducted with considerations of justice at the forefront. If that approach is taken, in particular regarding …
Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir
Cornell Law School Inter-University Graduate Student Conference Papers
In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the …
Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown
All Faculty Scholarship
No abstract provided.
Barely Borders: Issues Of International Law, Bartram Brown
Barely Borders: Issues Of International Law, Bartram Brown
All Faculty Scholarship
No abstract provided.