Law Commons^™

Tabish, Tabish, Tsos

TSOS Interview Gallery

Tabish is from Afghanistan. He fled the country because he had enemies there. He was shot multiple times during a Taliban raid, resulting in a broken leg and damaged hand. The bullets had to be pulled out with a stick. He and his family fled Afghanistan to Iran where the police threatened to arrest him for not having the legal papers to work. His family escaped to Turkey but were soon deported back to Iran. They eventually made it through after walking on foot for seven hours at the Turkish border. After spending five hours on the water on the …

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …

Nevin, Nevin, Tsos

TSOS Interview Gallery

Nevin is a civil engineer from Afghanistan who worked with an American company and local government. The Taliban threatened him and demanded he work for them instead and ultimately attacked him on his journey home. After this he began a dangerous journey to Europe full of smugglers, trafficking, encounters with police, poor living conditions and a trip across the Mediterranean in an overcrowded raft.

Nevin ultimately made it to Greece, where he lived in a camp for several months. He received medical care but faced new problems of closed borders and difficulty obtaining papers. He was transferred to a camp …

Bahar And Zarrin, Bahar, Zarrin, Tsos

TSOS Interview Gallery

Bahar and Zarrin are friends living in Oinofyta Refugee Camp. They are both from Afghanistan but fled very different circumstances. Bahar lived in Iran with her husband until he passed, and she was rejected by her family. As a single woman she faced a life with little rights. Despite major health complications she fled to Greece in a boat. She now lives in the camp, struggling with repeated hospitalizations.

Zarrin left a life of comfort and privilege in Afghanistan and misses home greatly. Her husband was a wealthy businessman and Zarrin taught school. Thinking back on what they lost causes …

Ilhan & Family, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threatsfrom ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by anelder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the Oinofyta refugee campin Greece. Ilhan’s family fled with Radwa, …

Hamed, Hamed, Tsos

TSOS Interview Gallery

Hamed and his family are from Afghanistan where he worked as a diplomat and interpreter for the U.S. Army after having studied international relations and diplomacy. As the situation with the Taliban worsened it became too dangerous for Hamed and his family to stay in Afghanistan. They began the difficult journey with the help of smugglers, first to Iran, then Turkey, and then to Greece in a dangerous, overfilled boat.

Hamed explains the despair and frustration faced by many refugees. They feel as though very little is actually done for refugees once they’re admitted, and explains they need more assistance. …

Zarrin, Zarrin, Tsos

TSOS Interview Gallery

My name is Zarrin. I was an English teacher. In Afghanistan I had a big house and a garden. My husband was a rich man; he had lots of money. My children studied in a private school.All the time the Taliban was warning my husband, “Why does your wife go to school and teach children? If your wife goes to school, we’ll throw acid on her face and take your children.” They don’t like education —they don’t like women attending school.Zarrin left a life of comfort and privilege in Afghanistan and misses home greatly. Her husband was a wealthy businessman …

Bahram & Camila, Bahram, Camila, Tsos

TSOS Interview Gallery

Bahram tells the story of the Afghanistan's 1992 government collapse and subsequent civil wars that destroyed the city of Kabul. "There was war in every alley, every house, every area and every village. 60,000 people were killed." Their family emigrated to Pakistan and after living there for some time, some relatives of a friend from their village travelled to Pakistan and required lodging so they stayed with Bahram's family. In some developing and under-developed countries, the custom of arranged marriage to child and infant daughters is practiced. These house guests demanded their one-year-old daughter be given in marriage to a …

Nation-Building Is An Oxymoron, M. Chris Mason

The US Army War College Quarterly: Parameters

No abstract provided.

The Criminalisation Of The Intentional Destruction Of Cultural Heritage, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter examines how modern international law is protecting world heritage (‘the cultural heritage of all humanity’) by criminalising the intentional destruction of cultural heritage. In the digital age of the twenty-first century has witnessed a proliferation of deliberate acts of destruction, damaging and pillaging of World Heritage sites and their broadcasting via social media and the Internet. This chapter examines the evolving rationales for the intentional destruction of cultural heritage since the early twentieth century and international law’s response to such acts. First, there is an analysis of its initial criminalisation with the codification of the laws and customs …

During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch

Richmond Journal of Global Law & Business

Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …

Zurvan, Zurvan, Tsos

TSOS Interview Gallery

Zurvan and his family had a good life in Afghanistan. He worked as a clerk in a spice shop. After doing business with a foreign company, the Taliban threatened him with death. To escape this threat, he and his family escaped to Iran and hired a smuggler to get them to Turkey. From there, they traveled to Greece in an overloaded boat. They have been living in a camp in Greece, stuck in limbo, ever since. Zurvan feels hopeless, like everyone in the camp is being treated in an inhumane manner. He also feels guilty for bringing his children into …

Salman, Salman, Tsos

TSOS Interview Gallery

Salman and his family are from Afghanistan, where he worked as a doctor. He worked for fifteen years for a mining institute, and before that he worked in various hospitals with Americans and Germans for another combined 15 years. The family ran into problems with the Taliban, who threatened violence if he didn’t close his drugstore. During that same time, his son witnessed a suicide bombing at his school. Their daughter was forced to abandon her education when the Taliban poisoned the water at her school. They fled in attempts to live a normal life again and escape the threats …

Faroosh And Elina, Faroosh, Elina, Tsos

TSOS Interview Gallery

Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …

Fawad And Zakeela, Fawad, Zakeela, Tsos

TSOS Interview Gallery

Fawad and his wife, Zakeela, have three children. Zakeela was a beautician, and Fawad was a singer in the Baghlan district in Afghanistan. The music he produced was not in accordance with the strict restrictions of the Taliban. They threatened his life and assaulted him many times, so he decided to leave with his family to Kabul. Fawad’s day job was as an FM radio producer; at night, he moonlighted as a singer and musician. He produced music for ceremonies and weddings, often performing for the women’s part, which the Taliban did not accept. Eventually, his life was again threatened, …

Bilal, Bilal, Tsos

TSOS Interview Gallery

Bilal was 23 years old when he drowned in Greece. He was cheerful, intelligent, and full of energy.

He was a journalist in Afghanistan who received a death threat from the Taliban. His family decided that he should flee the country alone for survival since they couldn’t afford for the whole family to go.

He escaped from the camp in Moria by finding a hole in the fence. He outran the police, found a ship in port, and jumped on it as it was leaving. He later had 10 unsuccessful attempts to leave Greece for Germany. He was caught by …

Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threats from ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by an elder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the …

Emal, Emal, Tsos

TSOS Interview Gallery

Emal was a gate security guard in the Afghan army and a supplier for American forces at the airport. Before leaving Afghanistan, Emal was kidnapped by Daesh, beaten, thrown into a pile of bodies, and left for dead. He woke up weeks later in hospital with adent in his skull, brain damage, and mental/emotional problems. When he was able, Emal fled with his wife and six kids, but they travelled with smugglers in separate cars and got separated. Iran police deported his wife and children back to Afghanistan. Emal continued on and eventually made his way to Oinofyta refugee camp …

Aarash, Aarash, Tsos

TSOS Interview Gallery

As an anti-corruption journalist in Afghanistan, Aarash’s family’s life was threatened by warlords. His car was shot at, their guesthouse was bombed, and later when they were threatened at gunpoint, they tried to make a new life in India. But in India, they discovered difficulties in obtaining permanent visas so they had return to Kabul where they hid at a friend’s house for 20 days while obtaining documentation to flee to Turkey. Once in Turkey, they learned that Afghan registries had been closed since 2010. They determined that they needed to either apply for asylum in Turkey or leave for …

Can Law Stop Prosecution Of Afghanistan's Women And Girls For Moral Crimes? Searching For An Effective, Practical Legal Methodology, Tara S. Neal

Intercultural Human Rights Law Review

As a woman working in rule of law in Afghanistan, I was confronted on a daily basis by what it means to be female and the severity of those constraints. This realization began every morning with the choice of what to wear. The daily task of dressing myself in a manner that protected my safety, security, and reputation gave me a tiny glimpse into the lives of Afghan women. I discovered how law is used to reinforce traditional and cultural beliefs and the grave injustices served on Afghanistan's women and girls. I also discovered how vast sums of foreign money …

Cutting The Wire: A Comprehensive Eu-Wide Approach To Refugee Crises, Kelsey Leigh Binder

Brooklyn Journal of International Law

This Note examines the current refugee crisis occurring in the European Union, where over a million refugees have entered the region since the beginning of 2015, and proposes that the EU implement a two-step permanent emergency framework for dealing with mass migration crises. It first looks at the major bodies of international refugee law, including a historical overview of its foundations, the 1951 Convention Relating to the Status of Refugees, and the 1967 Protocol Relating to the Status of Refugees. Next, it will explore the legal mechanisms that are in force throughout the EU, including the EU’s asylum laws and …

Sexual Assault As A Law Of War Violation & U.S. Service-Members’ Duty To Report, Chris Jenks, Jay Morse

Faculty Journal Articles and Book Chapters

This Essay considers when U.S. service members deployed to Afghanistan are obligated to report allegations of sexual assault by Afghan security forces against Afghan nationals to the U.S. military. The answer requires applying a longstanding Department of Defense policy for reporting law of war violations and hinges on whether there is a nexus between the sexual assault and the armed conflict in Afghanistan. Although recent attention on this topic has brought much-needed visibility to sexual assault in conflict zones, the overbroad assertions of the media and the military have unfortunately fostered more confusion than clarity. This Essay does not attempt …

A Rose By Any Other Name: How The United States Charges Its Service Members For Violating The Laws Of War, Chris Jenks

Faculty Journal Articles and Book Chapters

This chapter examines the US practice of not charging its service members with war crimes. The chapter briefly explains how the United States asserts criminal jurisdiction over its service members before turning to how the US military reports violations of the laws of war. It then sets out the US methodology for charging such violations as applied to its service members, and compares this methodology to that applied to those tried by military commissions. The chapter then discusses the varied meanings of the term ‘war crimes’ and the way in which the 1949 Geneva Conventions can provide a benchmark against …

An Interview With David H.Petraeus, General (Usa Retired), Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Corruption In Developing Countries: What Keeping It In The Family Means For Everyone Else, Tonita Murray

Osgoode Hall Law Journal

The United Nations estimates that 30 per cent of all international development funding is lost to corruption. Identifying and understanding the dynamics of how such corruption occurs at the ground level could help to reduce opportunities for the diversion of funds from public purposes to private uses. An analysis of two highly publicized corruption cases in Kenya and one in Afghanistan identifies some common characteristics that may also be present in other cases around the world. The characteristics fall into four categories: (1) political, social, and cultural; (2) governance; (3) people; and (4) international. Different understandings of corruption, weak government …

Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon

Touro Law Review

No abstract provided.

A High Price To Pay: Combat Injury In Iraq And Afghanistan, George D. Garcia

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Has The United States Lost The Ability To Fight A Major War?, Steven Metz

The US Army War College Quarterly: Parameters

No abstract provided.

Al Warafi’S Active Hostilities, Deborah Pearlstein

Faculty Online Publications

As Marty Lederman’s earlier post explains, a D.C. district court is now considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, found in an earlier habeas case to be a member of the Taliban’s armed forces, who argues that because “hostilities” between the United States and the Taliban have ceased, the domestic statute (the AUMF) on which the United States has relied no longer authorizes his detention. Marty and I are, I believe, in substantial agreement about most aspects of the case. (And thanks to Marty for the link to my article, where I’ve written about the …

Americans Have Yet To Grasp The Horrific Magnitude Of The ‘War On Terror’, Lauren Carasik

Media Presence

No abstract provided.