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Full-Text Articles in Law

Volunteer Human Shields In International Humanitarian Law, Eisa H. Al-Enizy Sep 2009

Volunteer Human Shields In International Humanitarian Law, Eisa H. Al-Enizy

Eisa H Al-Enizy Dr.

The Volunteer Human Shields in International Humanitarian Law Abstract The participation of VHS in humanizing the armed conflict deserve international humanitarian intervention in order to protect those individuals who scarify and risk their lives for the sake of others. To enjoy the status of VHS, individuals should be neutral civilians who seek to shield civilians and civil properties, took part in such campaign in a free will, and have the ability to abort it at any time. This article will exclude any volunteer shielding for legal targets, and only shielding civilians and civil properties deserve enjoying VHS status. IHL provide …


The Transformation Of The Laws Of War Into Humanitarian Law, Mark Antaki Jan 2009

The Transformation Of The Laws Of War Into Humanitarian Law, Mark Antaki

Studio for Law and Culture

This study undertakes a genealogy of crimes against humanity. It inquires into key historical transformations that preceded the official birth of crimes against humanity in positive international law. The study brings to light changes in understandings of law, politics, and human being-together that accompany the articulation of crimes against humanity.

To speak of crimes against humanity is to speak the death of God. With the French Revolution, man displaces God as ground and measure of law and politics, leading to the articulation of crimes against humanity. The man who displaces God is “natural man,” a man who is naturally …


Prologue , Claudio Grossman Jan 2009

Prologue , Claudio Grossman

American University International Law Review

No abstract provided.


Rebecca Root On Banning Landmines: Disarmament, Citizen Diplomacy, And Human Security. Edited By Jody Williams, Stephen D. Goose And Mary Wareham. (Lanham, Md: Rowman & Littlefield Publishers, 2008). 348pp., Rebecca Root Jan 2009

Rebecca Root On Banning Landmines: Disarmament, Citizen Diplomacy, And Human Security. Edited By Jody Williams, Stephen D. Goose And Mary Wareham. (Lanham, Md: Rowman & Littlefield Publishers, 2008). 348pp., Rebecca Root

Human Rights & Human Welfare

A review of:

Banning Landmines: Disarmament, Citizen Diplomacy, and Human Security. Edited by Jody Williams, Stephen D. Goose and Mary Wareham. (Lanham, MD: Rowman & Littlefield Publishers, 2008). 348pp.


International Justice And International Politics: Intertwined Paths, David Penna Jan 2009

International Justice And International Politics: Intertwined Paths, David Penna

Human Rights & Human Welfare

A review of:

International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation. By Victor Peskin. New York: Cambridge University Press, 2008. 272 pp.

and

Building the International Criminal Court. By Benjamin N. Schiff. New York: Cambridge University Press, 2008. 304 pp.

and

The Tokyo War Crimes Trial: The Pursuit of Justice in the Wake of World War II. By Yuma Totani. Cambridge, MA: Harvard University Asia Center / Harvard University Press, 2008. 335 pp.


International Human Rights In A Nutshell, Thomas Buergenthal, Dinah L. Shelton, David P. Stewart Jan 2009

International Human Rights In A Nutshell, Thomas Buergenthal, Dinah L. Shelton, David P. Stewart

GW Law Faculty Publications & Other Works

This book describes the development of international human rights law. The main difference today is that individuals receive protection as individuals independent from their affiliation with a nation, as compared to the traditional consideration that only states had rights under international law. The law of humanitarian intervention first suggested that states do not receive unlimited discretion in their behavior under international law. The first chapter describes the earliest treaties and agreements giving rise to the current status of international law, such as the League of Nations and the International Labor Organization.


United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman Jan 2009

United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman

Faculty Scholarship

Looking back on US and coalition detention operations in Afghanistan to date, three key issues stand out: one substantive, one procedural and one policy. The substantive matter – what are the minimum baseline treatment standards required as a matter of international law? – has clarified significantly during the course of operations there, largely as a result of the US Supreme Court’s holding in Hamdan v. Rumsfeld. The procedural matter – what adjudicative processes does international law require for determining who may be detained? – eludes consensus and has become more controversial the longer the Afghan conflict continues. And the …