Human Rights Law Commons^™

Treaties As A Tool For Native American Land Reparations, Hannah Friedle

Northwestern Journal of Human Rights

"The only compensation for land is land."¹

Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes’ treaty rights to land? Some Native nations received financial compensation for treaty violations. But money is crumbs to many whose traditional homelands are still colonized.

Tribes are entitled to the land promised to them under treaties—instruments supposedly carrying the force of federal law. Land reparations are a partial …

Debt And Dependence: Foreign Interference In Haiti And The Importance Of Non-State Actor Accountability, Sandra Wisner, Brian Concannon

Northwestern Journal of Human Rights

Colonialist policies and lending practices by foreign states and non-state actors have led to serious and wide-spread violations of Haitian individuals’ fundamental human rights. In particular, a series of loan conditions imposed by international financial institutions and their members states left Haiti vulnerable to increased food insecurity and a severely diminished social sector. This paper proposes that the imposition of such loan conditions constitutes a violation of foreign actors’ obligations under international law respecting economic, social, cultural, and political rights, as well as their extra-territorial obligations (ETOs) to take joint and separate action to promote and respect human rights beyond …

The Analysis Of Transitional Justice Initiatives And The Flaw Of Prosecution On The Past Human Rights Violation In Indonesia (Tanjung Priok Case), Junaedi Saibih, Elwi Danil, Kurnia Warman, Nani Mulyati

Indonesian Journal of International Law

The political transition from the New Order era to Reform Era has initiated questions to the transitional government about transitional justice initiatives. This chapter discusses the theoretical perspectives on transitional justice that have been developed by many scholars in their publications. Besides the theoretical perspectives about transitional justice, this chapter also discusses transitional justice elements, the forms, and the institution of justice in transitional regimes. The discussion in this chapter is important as a measurement of the transitional government initiatives to reach political stability and reconciling with the past. The explanation about the forms and the element of justice then …

The Emerging Jurisprudence Of The African Human Rights Court And The Protection Of Human Rights In Africa, John M. Mbaku

Vanderbilt Journal of Transnational Law

During most of the post-independence period, many African countries have either been unwilling or unable to protect human rights or relegated this important function to a small group of poorly funded but brave and courageous non-state actors. Most importantly, some African governments have either actively engaged in human rights violations or failed to bring to justice those who have committed atrocities against their fellow citizens. In the 1970s and 1980s, many African heads of state were more concerned with national sovereignty in an effort to hide the violation of human rights committed within their jurisdictions than participating in the building, …

Immigration Law's Missing Presumption, Fatma Marouf

Faculty Scholarship

The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …

Intersectional Feminist Practice In International Justice: Sexual & Gender-Based Grimes In Ongwen, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International And Comparative Law Review

2022–2023 Flyers

No abstract provided.

Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence

Faculty Scholarship

This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …

Corruption And Judges' Personal Independence In The Judiciary Of Bangladesh: One Bad Apple Can Spoil The Bunch, S M. Solaiman

Cardozo International & Comparative Law Review

Corruption appears to have been an inexorable crime in Bangladesh for decades. More deplorably, the magnitude of judicial corruption has profoundly increased the miseries of litigants. The situation is so awful that the nation's two successive Attorney Generals have publicly raised the issue to two consecutive Chief Justices of Bangladesh at their felicitation gatherings organized by lawyers of the Supreme Court of Bangladesh soon after their appointments as the nation's top judges. Consistently, empirical findings of Transparency International, a German-based organization, and Transparency International Bangladesh have unequivocally revealed the practice of a large extent of judicial corruption. These allegations are …

Relentless Atrocities: The Persecution Of Hazaras, Mehdi J. Hakimi

Michigan Journal of International Law

As one of the main ethnic groups in Afghanistan, Hazaras are Farsi-speaking and mostly Shi’a Muslims in a predominantly Sunni Muslim country. They are also distinguishable by their Asiatic appearance. Throughout Afghanistan’s history, Hazaras have suffered considerably under different regimes, enduring recurring massacres, enslavement, and forced displacement. Despite Afghanistan’s accession to the Rome Statute in 2003, the plight of Hazaras has not improved. Indeed, the assaults on Hazaras have only intensified in recent years, impacting virtually every aspect of their lives.

This article argues that the recent and ongoing attacks against Hazaras constitute a crime against humanity. In particular, I …

Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher

Northwestern Journal of Law & Social Policy

In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …

Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum

Articles

In his insightful new book, Invisible Atrocities, Randle DeFalco examines the aesthetic biases of international criminal law (ICL). DeFalco astutely argues that ICL prioritizes punishing "horrific spectacles" of violence while ignoring less visible, attritive forms of violence that cause similar levels of harm and suffering, generally over longer periods of time. While ICL is selective in its preference for "horrific spectacles," even the spectacular violence has been rendered invisible in ICL when inconvenient factual evidence counters dominant narratives in international law.

One such dominant narrative is the successful abolition of slavery and the slave trade of the nineteenth and twentieth …

Palestinian Women And Housing Laws In Israel: A Case Study Of Legal And Epistemic Injustice, Yael Cohen-Rimer

Cardozo International & Comparative Law Review

This Article is built on a legal metaphor. In criminal law, we discuss whether an actor has the mens rea for a crime. I argue in this paper that judicial review of cases related to rights infringements involve a similar inquiry. In applying discrimination laws, courts actually, though sometimes not explicitly, search for anything between intent and awareness. In administrative law, courts search for indications of the negligence of the administrator. I use the test case of Palestinian women and Israeli housing aid rules to show where these legal practices fall short in treating the core problem. I analyze this …

The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace, Shawn J. Lalman

Doctoral Dissertations and Master's Theses

This study provides a synopsis of the following topics: the prospective limiters levied on cyber-warfare by present–day international legislation; significant complexities and contentions brought up in the rendering & utilization of International Humanitarian Legislation against cyber-warfare; feasible repercussions of cyber-warfare on humanitarian causes. It is also to be contended and outlined in this research study that non–state actors can be held accountable for breaches of international humanitarian legislation committed using cyber–ordnance if sufficient resources and skill are made available. It details the factors that prosecutors and investigators must take into account when organizing investigations into major breaches of humanitarian legislation …

Queer Liberation Under International Law, Cardozo Journal Of Equal Rights And Social Justice, Cardozo International & Comparative Law Review, Cardozo Outlaw

2023 Event Invitations

This symposium will equip attendees with an understanding of how global movements, including activists, lawyers, scholars and organizations, navigate and employ international law in pursuit of queer liberation.

Adopting an intersectional feminist framework, this symposium is an acclamation for queer justice everywhere. Introduced by Dean Melanie Leslie, this symposium will explore how international law may subjugate or protect queer populations, how domestic efforts interact with international law and how constitutional laws and international law must evolve for exhaustive social justice.

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis: Talking About Core Legal Values, Human Rights, And Current Events In Us Law School Classes 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis March 28, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Endnotes

Sustainable Development Law & Policy

No abstract provided.

Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan

Sustainable Development Law & Policy

Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …

Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks, Ellen Spicer

Sustainable Development Law & Policy

National Parks are the “crown jewels” of America. However, in recent years they have become subjected to rampant overcrowding and overuse, so much so that they are being loved to death. The 1916 National Park Service (“NPS”) Organic Act calls for the conservation of “the scenery and the natural and historic objects and the wild life . . . and to provide for the enjoyment of the same in such manner and by such means as will leave [park sites] unimpaired for the enjoyment of future generations.” Due to increased visitation, one of the mandates of the NPS is being …

Pedal Into The Future, Elliot Wiley

Sustainable Development Law & Policy

Congress severely weakened the Electric Bicycle Incentive Kickstart for the Environment Act (E-Bike Act) when the bill was absorbed into the Build Back Better Bill. Electricity is the future, yet Congress has defanged a bill that could create significant progress in making bicycling a more accessible option for commuters.

Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk

Sustainable Development Law & Policy

Few would disagree that art and architecture are indispensable aspects of the collective human experiences. But can there be “too much” of it? How much is “too much?” Could art and cultural heritage be a hindrance to progress, urbanization, and sustainability? Which art is worth saving? A growing question is how to balance and reconcile expanding urban needs with efforts to preserve cultural heritage. Many cities across the global face this fresh moral dilemma. Cities like Istanbul, Rome, and Cairo––heirs to great empires, with history and art cursing through every alley, are still modern-day metropolises, with ever-burgeoning populations and social …

Toward A Utah Intentionally Created Surplus Program, Devin Stelter

Sustainable Development Law & Policy

The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin …

About Sdlp, Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever …

Book Discussion - Elections, Violence And Transitional Justice In Africa, Elias Opongo, Tim Murithi

The Journal of Social Encounters

No abstract provided.

Managing Misinformation On Social Media: Targeted Newsfeed Interventions And Freedom Of Thought, Richard Mackenzie-Gray Scott

Northwestern Journal of Human Rights

Whether it is being told a particular politician consumes children, or drinking cow urine will cure your disease, or that Jimi Hendrix is alive and well living the good life in Drumnadrochit, misinformation affects societies in myriad ways. Its spread online via social media platforms raises questions concerning how it can be addressed. This article engages with a related problem: Can the use of targeted behavioral interventions on social media newsfeeds to reduce the spread of misinformation be reconciled with the human right to freedom of thought?

Endnotes, Sdlp

Sustainable Development Law & Policy

No abstract provided.

Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy

Sustainable Development Law & Policy

The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …

It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak

Sustainable Development Law & Policy

Consumer responsibility for waste is a historic relic, dating back to a time when nearly all of a consumer’s waste was compostable, reusable, or marketable. Today, with the rise of plastics and complex goods like electronics, consumers lack the expertise, time, and ability to personally break down the products they consume for reuse. Much of our household waste goes to the curb and into a single stream of municipal solid waste (“MSW”). This includes a variety of wastes which each require specialized processing. Recycling this complex waste falls to municipalities which are woefully underfunded and underqualified to process such complex …

Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci

Sustainable Development Law & Policy

This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …