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Articles 1 - 9 of 9
Full-Text Articles in Law
United States’ Compliance With The International Covenant On Civil And Political Rights, Human Rights Institute, American Civil Liberties Union (Aclu)
United States’ Compliance With The International Covenant On Civil And Political Rights, Human Rights Institute, American Civil Liberties Union (Aclu)
Human Rights Institute
The U.S. government is engaged in targeted killings through drone strikes (and other aircraft) in Pakistan, Yemen, Somalia and elsewhere, which have resulted in the deaths of thousands of people. U.S. practice is characterized by secrecy and an unwillingness even to engage directly with concerns about civilian harm, let alone to provide accountability for civilian deaths and injury. Despite calls for disclosure from UN experts and non- governmental organizations, the U.S. government uses vague and shifting legal standards, and fails to disclose the basis for strikes or the steps it takes to minimize harm to civilians and investigate reported violations …
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
Daphne Richemond-Barak
This Article examines and challenges the assumption that the Human Rights Council can and ought to address violations of international humanitarian law. Though envisaged as the main guardian of human rights within the United Nations system, the Human Rights Council views its mandate as encompassing both human rights and international humanitarian law. This extension of its mandate to humanitarian law is not entirely surprising, given the close relationship between IHL and human rights law. Yet, a comparison with other human rights bodies shows that the Council has gone further and with less caution than any other human right body called …
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
Articles in Law Reviews & Other Academic Journals
Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …
Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters
Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters
Timothy W Waters
Plucky Little Russia: Misreading the Georgian War through the Distorting Lens of Aggression Timothy William Waters Abstract One might expect massed armor crossing an international frontier to constitute the paradigmatic example of aggression – a case perfectly fit to analyze with the rules of jus ad bellum – and in the first flush and shock of the Georgian War in 2008, this is exactly how Western leaders described Russia’s actions. Yet that August, a constellation of circumstances combined to produce an anomalous outcome: an international war without any aggressor or any wrongful violation of territorial integrity. In theory – in …
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna E. Bond
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna E. Bond
Scholarly Articles
Not available.
Taking Stock Ten Years In: Coin, Casualties, And Costs In The Long War - An Introduction, Robert D. Sloane
Taking Stock Ten Years In: Coin, Casualties, And Costs In The Long War - An Introduction, Robert D. Sloane
Faculty Scholarship
On October 7, 2001, almost exactly a decade prior to the date of the conference from which the following symposium contributions derive, former President George W. Bush ordered airstrikes on Kabul and Kandahar,' inaugurating hostilities in what has become the longest war in U.S. history. By early December 2001, the Taliban had lost effective control over any significant part of Afghanistan's territory and with it any plausible claim to represent Afghanistan's government under traditional principles of international law.2 President Bush formally declared victory on June 15, 2004, during a speech in which he praised Afghanistan's interim leader and now President …
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a Grand Chamber of the European Court of Human Rights decision which considered whether disparate outcomes from different court systems of the same state evaluating the same set of facts constituted a violation of the European Convention’s right to a fair hearing. While discussion of micro level Turkish procedural issues is required, the Şahin case also provides broader, macro lessons on the legitimacy of military court decisions.
A Functional Approach To Targeting And Detention, Monica Hakimi
A Functional Approach To Targeting And Detention, Monica Hakimi
Faculty Scholarship
The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …
Investing In The Future Of Pakistan: Understanding Why It Is Important To Ensure Protection Of The Rights Of Children Affected By Armed Conflicts, Nida Mahmood
Nida Mahmood Ms
This paper looks into the de facto compliance of Pakistani Laws with the optional protocol to the convention on rights of children on the involvement of children in armed conflicts and suggests why Pakistan should ratify this protocol as soon as possible.