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Refugee Reception And Perception: Us Detention Camps And German Welcome Centers, Karla M. Mckanders, Valeria Gomez Jan 2017

Refugee Reception And Perception: Us Detention Camps And German Welcome Centers, Karla M. Mckanders, Valeria Gomez

Vanderbilt Law School Faculty Publications

The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay compares the treatment of asylum seekers at reception in United States and Germany through each countries’ freedom and restriction of movement laws. This comparative analysis is based on Professor Karla McKanders’ December 2015 exploratory trip to Germany to learn more about the processing refugees in the midst of Germany accepting unprecedented numbers of refugees; and attorney Valeria Gomez’s December 2015 volunteer experience in the South Texas Family …


Contorting Common Article 3, Michael A. Newton Jan 2017

Contorting Common Article 3, Michael A. Newton

Vanderbilt Law School Faculty Publications

This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article 3 to encompass members of the same armed group who commit criminal acts against one another.' In particular, the Revised Commentary fails to address the due process ramifications of an enlarged Common Article 3, even as the development of the text documented by the readily available negotiating record warrants an alternative understanding. Lastly, the ICRC position could indicate a radical shift in the very design of the …