Human Rights Law Commons^™

Table Of Contents - Cardozo Law Review, Volume 16, Issue 1

Cardozo Law Review

No abstract provided.

Women, Law, And Inequality: Rethinking International Human Rights, Mary Elizabeth Bartholomew, Drucilla Cornell

Cardozo Law Review

In 1984, Robin Morgan posed this remarkable question in her historic book Sisterhood is Global. The Feminist Legal Resource Center remains but an unrealized goal of the international feminist legal community. Such a center could benefit women, especially women in the law, seeking to obtain access to information about trends and movements worldwide in the struggle to expand the rights of women. Beginning for the most part with the aftermath of World War II, when individuals became subjects of international law with the creation and proliferation of human rights law, lawyers and others concerned with the promotion of good government …

The Status And Rights Of Refugees Under International Law: New Issues In Light Of The Honecker Affair, Francisco Orrego Vicuña

University of Miami Inter-American Law Review

No abstract provided.

Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker

Penn State International Law Review (1982 - 2011)

No abstract provided.

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

The Doctrine Of Sovereign Immunity-A Jurisdictional Shield For Foreign Nations And Their Accountability For Human Rights Violations, Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993), Michelle Fastiggi

Penn State International Law Review (1982 - 2011)

No abstract provided.

War Crimes Tribunal Is An Imperative, Aryeh Neier

Human Rights Brief

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Grossman Criticizes Recent Court Decisions Involving Suriname, Claudia Martin, Françoise Roth

Human Rights Brief

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Trade With China: Human Rights And Mfn, Samir Desai

Human Rights Brief

No abstract provided.

Land, Law, And Legitimacy In Israel And The Occupied Territories, George E. Bisharat

American University Law Review

No abstract provided.

News From The Inter-American System, Claudia Martin, Xavier Mena

Human Rights Brief

No abstract provided.

Commission Evaluates Administration Of Justice In Peru, Antonio Maldonado, Diego Rodriguez

Human Rights Brief

No abstract provided.

Report Exposes Problems Within Peru's Judicial System, Antonio Maldonado, Diego Rodriguez

Human Rights Brief

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The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells

Michigan Journal of Gender & Law

This essay considers whether international treaty law is a useful weapon in the battle against the global sex trade. The introduction to this essay surveys the extent of global sex trafficking. Part I of this essay discusses the international legal conventions that address the issue of trafficking in women. Part II of this essay assesses the effectiveness of these international instruments and considers why they have failed to and the world sex trade. In Part III, this essay describes the European and Inter-American human rights systems, focusing upon substantive law in the regional systems that might be relevant to the …

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.

Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley

Seattle University Law Review

By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on Civil and Political Rights (ICCPR), violates the "right to life" as expressed in Article 6(1) and protected by Article 2. Part II of this Comment describes the phenomenon of dowry death generally and explains the origins of dowry and its relatively recent transformation into a means of extortion by the groom and his family. In addition, this Part examines the laws enacted by India in response to the growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve …

Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley

Scholarly Works

A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.

Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe

University of Richmond Law Review

On 22 February 1993, the United Nations Security Council passed Resolution 808 calling for the establishment of an international tribunal for the prosecution of persons responsible for "serious violations of international humanitarian law committed in the territory of former Yugoslavia." The resolution also asked the Secretary-General to submit to the Security Council for consideration a report on aspects of the tribunal considering "suggestions put forward in this regard by Member states." In May, Secretary-General Boutros Boutros-Ghali issued his report and proposed the Statute of the International Tribunal ("Statute"), designed to govern the tribunals establishment and operation.

Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite

University of Richmond Law Review

The recent caning of an eighteen year old American student by officials in Singapore sparked much debate over the appropriateness of corporal punishment in criminal cases. Many Americans question the humaneness of criminal penalties imposed in foreign lands. While quick to identify human rights violations around the world, the United States government has been reluctant to concede that abuses occur within the American-criminaljustice system.

Suriname Faces Past Human Rights Violations, Claudia Martin, Françoise Roth

Human Rights Brief

No abstract provided.

Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia

Pace International Law Review

No abstract provided.

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The United Nations Truth Commission For El Salvador, Thomas Buergenthal

Vanderbilt Journal of Transnational Law

From 1992 to 1993, the author served as one of three Commissioners of the United Nations Commission on the Truth for El Salvador. In this Article, the author describes the process the Commission followed in its investigation of acts of violence that occurred in El Salvador between 1980 and 1991. The Article explores how the Commissioners interpreted and applied their mandate, as well as the problems they encountered in gathering information for the Commission's report. The author relates how the Commission arrived at the important decision to include in its report the names of individuals found to have been responsible …

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …

Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.

No Justice, No Peace: Accountability For Rape And Gender-Based Violence In The Former Yugoslavia, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

The Women in the Law Project of the International Human Rights Law Group (Law Group) sponsored a delegation to the former Yugoslavia from February 14 to 22, 1993. The delegation, which was also endorsed by the Bar Association of San Francisco, had two principal objectives.

The Inter-American System And Asylum, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Prosecutor Goldstone Offers Views On War Crimes Tribunal, Rochus Pronk

Human Rights Brief

No abstract provided.

International War Crimes Tribunal For The Former Yugoslavia, Lois Tuttle, Ayesha Qayyum

Human Rights Brief

No abstract provided.

Farer Explores Lessons Of Somalia, Fatimah A. Mateen

Human Rights Brief

No abstract provided.