Human Rights Law Commons^™

The Indeterminacy Of Customary International Law, Mohamed Diaa Tawfik

Theses and Dissertations

This thesis explores the judicial formation of customary international law and examines how international courts oscillate between interpretive and law-making functions. It analyzes key theoretical frameworks—including Kelsen’s Pure Theory of Law, Dworkin’s Law as Integrity, Kennedy’s radical indeterminacy, and Koskenniemi’s Descending-Ascending Approach—to understand how courts assert and shape customary norms beyond mere state practice and opinio juris. The work concludes that the International Court of Justice and other tribunals increasingly act as de facto lawmakers under the guise of interpretation, advocating the indeterminacy they try to avoid.

The Mind Has A Firewall: An Attempt To Preserve Human Mind Integrity., Sayed G. Batran

Theses and Dissertations

This thesis argues for the recognition of mind integrity as a distinct human right. It contends that existing protections, such as bodily integrity, privacy, and freedom of thought, are no longer sufficient to shield an individual’s mental domain from new forms of external interference enabled by neurotechnology, artificial intelligence, and pervasive data-driven systems. Mind integrity is defined as the right to govern one’s own mental life—to form, revise, and hold thoughts, beliefs, and desires based on reasons one endorses—free from significant, non-consensual interference or manipulation, regardless of the method used. The thesis first identifies concrete risks and regulatory vacuums by …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

Papal Jurisprudence, Chad Marzen, William Woodyard

Notre Dame Journal of International & Comparative Law

No abstract provided.

Reviving Novorossiya: Russia’S Invasion Of Ukraine Under International Law

Washington International Law Journal

Abstract: For nearly three years, the Eastern European nation of Ukraine has been entangled in a war it did not instigate, did not desire, but was forced into by its more powerful neighbor, Russia. Since the onset of the war, Russia has faced accusations of widespread atrocities, including severe violations of human rights, international humanitarian law, and breaches of other international norms. Following the inauguration of United States (US) President Donald Trump, there has been a renewed effort to bring both parties to the negotiating table and end the conflict. With the ongoing negotiations, there is no better time to …

De Novo Review For Asylum At The Circuit Court Level: Comparing A Stringent Standard Of Review For Asylum Seekers In The U.S. To The European Court Of Human Rights’ Standard, Dani Gómez

Human Rights Brief

On March 14, 2022, an immigration judge (IJ) denied the asylum applications of Douglas Humberto Urias-Orellana, Sayra Iliana Gamez-Mejia, and their child, ordering them removed to El Salvador. Urias-Orellana and his family had been placed in removal proceedings with

the Executive Office of Immigration Review (EOIR) and filed applications for asylum.  At the individual merits hearing, the IJ ruled that the threats were “insufficiently menacing” to constitute persecution. The Board of Immigration Appeals (BIA) affirmed. On further appeal, the First Circuit denied review, holding that courts may not re-evaluate the conclusions drawn from the factual findings de novo unless “any …

Salay V. Slovakia: A Contemporary Case On Educational Discrimination Against The Romani People, Sara Apostol

Human Rights Brief

In February of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma student who brought an anti-discrimination case against the Slovak government for discriminatory educational placement based on race. The case focused on an unjust system that placed Roma children in classes intended for individuals with disabilities.

Nondo V. Tanzania: Afchpr Signals Its Resolve On Democratic Preservation, Maggie Titus

Human Rights Brief

On September 15, 2025, the African Court on Human and Peoples’ Rights (AfCHPR) reopened the pleadings in Abdul Omary Nondo & Others v. United Republic of Tanzania. Applicants Abdul Omary Nondo, Deusdedit Valentine Rweyemamu, and Paul Revocatus Kaunda each filed separate applications against Tanzania challenging alleged conflicts between the Tanzania’s Constitution and its obligations under the African Charter on Human and Peoples’ Rights (the Charter), the Universal Declaration of Human Rights (UDHR), and the International Covenant on Civil and Political Rights (ICCPR). All three applications were filed on November 19, 2020, and served to the State on December 3, …

Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak

Human Rights Brief

This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that revitalizing the Organization for the Security and Co-operation in Europe (OSCE) around a rights-centered, cross-dimensional concept of security is essential to restoring both regional stability and the credibility of international human rights commitments. It places the war in Ukraine within broader patterns of democratic backsliding, institutional paralysis, and the rise of authoritarian governance, demonstrating how domestic repression and interstate aggression mutually reinforce one …

The Elusive Nexus Standard: Differing Approaches To The Asylum Nexus Standard As Applied To Religious Persecution Perpetrated By Gangs, Chloe Schalit

American University Journal of Gender, Social Policy & the Law

In 2015, Ms. Odalis Mireida Chicas-Machado, the secretary of an evangelical church in El Salvador, started getting harassed by members of the MS-13 gang during her walks to and from the church. Chicas-Machado believed that the harassment began because the gang considered her to be an enemy due to her work spreading the message of God to young people who otherwise might have joined the gang. Approximately one year after the harassment commenced, gang members threatened Chicas-Machado with death if she refused to alert the gang when police cars drove by a local store. The gang sought out Chicas-Machado for …

Death Without Discretion: The Legality Of Mandatory Capital Punishment In Tanzania, Kimberly Austin

Human Rights Brief

The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26, 2025, in Tembo Hussein v. United Republic of Tanzania demanded rapid reform of Tanzania’s criminal laws in the name of preserving human rights.

T.H. V. The Czech Republic: A Step Forward Or Back For Lgbtq+ Rights And Discourse In Europe With The First Openly Non-Binary Applicant?, Katherine Olsson

Human Rights Brief

On December 9, 2025, the European Court of Human Rights (ECtHR) issued a final judgment in the case of T.H. v. The Czech Republic.  The case concerned a non-binary individual, T.H., who was assigned male at birth and, since May 2012, had repeatedly petitioned to change their sex/gender marker and personal numerical code on their national identity card.  Because the Czech system does not provide for the option of a neutral gender marker, T.H. petitioned to have their registered gender changed to female.

Blurring The Lines: A Reflection On The ‘Relaxation’ Of The Organization Requirement Of Article 7(2)(A) Of The Rome Statute Since The Situation In Kenya Decisions, Leonardo Helman

Human Rights Brief

International criminal liability for Crimes Against Humanity (CAH) was born during the International Military Tribunal at Nuremberg to address the atrocities committed by the Nazi regime against civilians throughout the Third Reich. Since the post-World War II tribunals at Nuremberg and Tokyo, the definition of CAH has undergone several evolutionary stages to better reflect the circumstances in which atrocities have been committed. The ad hoc tribunals for Yugoslavia and Rwanda substantially adjusted the definition of CAH to fit the context of these conflicts. However, this evolution of CAH in the ad hoc cases did not yield a definition applicable in …

Rights On Paper, Violations In Practice: Israel, The U.S., And The Failure To Enforce Judicial Pro¬Tections And International Obligations In Cases Of Arbitrary Detentions, Anjali Narayanan

Human Rights Brief

Muhammad Srur, a 34-year-old father, en­dured small cells, restricted movement, minimal family visits, and limited access to legal counsel when detained by Israel. He was beaten during arrest and interrogation, and the food, medical care, and living conditions fell below international standards. Half a world away, Abu Zubaydah remains in extreme isolation at Guantánamo Bay, following secret CIA detention where he faced prolonged confinement, sleep deprivation, stress positions, and other forms of torture. These men will never meet. Yet, their situations reflect the same legal reality: both have been placed into categories designed to fall outside the full protections of …

Corporate Responsibility In Business Dealings With War Criminals, Michael "Mac" Richards

Human Rights Brief

In the Democratic Republic of the Congo (DRC), a decades-long conflict has displaced over fourteen million people, killed over six million, and led to the highest rates of sexual violence among any other nation in the world. The DRC is the source of some of the most valuable resources used in the production of consumer electronics: gold, copper, and cobalt. Militia groups, such as Movement Du 23 Mars (M23) and the Allied Democratic Forces (ADF), are taking advantage of the nation’s vast mineral reserves by seizing control of local mining operations and exporting the minerals through neighboring Rwanda. These minerals …

Beyond Borders: Transnational Repression As A System Of Authoritarian Control In Russia, Kazakhstan, And Kyrgyzstan, Jasmine D. Cameron

Human Rights Brief

This Article examines transnational repression, state-sponsored persecution of citizens, human rights defenders, journalists, members of diaspora, and critical voices located outside physical borders, as a systemic tool of political control employed by Russia, Kazakhstan, and Kyrgyzstan. Based on analysis of legislation, published reports, UN Special Rapporteur findings, and case files, this Article provides three case studies that demonstrate different stages of an escalating trend towards transnational repression systems. From Kyrgyzstan, where the government has started to develop and implement harmful practices to persecute its citizens abroad, to a more established system in Kazakhstan, where numerous incidents of transnational repression showed …

B.T. And B.K.Cs. V. Hungary: Separating Roma Children From Their Mothers Before Births, Sara Apostol

Human Rights Brief

In June of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma mother, B.T., and her son after bringing a lawsuit against the Hungarian government for wrongfully violating their right to family life. The Hungarian government ordered the placement of B.T.’s unborn child into State care based on insufficient and dubious evidence used to justify such state action. This case focused on the prejudiced system that places Roma children into the State’s guardianship immediately after birth without evidence of imminent harm or other valid justification. Rather, it is based on the child’s ethnic and socio-economic …

How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan

Human Rights Brief

I. Introduction

For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …

Stability And Accountability In Nagorno-Karabakh And The Armenia-Azerbaijan Conflict, Callum Heath

Human Rights Brief

I. Introduction

On August 8, 2025, President Ilham Aliyev of Azerbaijan and Prime Minister Nikol Pashinyan of Armenia were hosted at the White House by U.S. President Donald Trump to announce the Agreement on Establishment of Peace and Inter-State Relations (the Agreement) in a Joint Declaration. The Agreement sets out to end the decades-long conflict between Azerbaijan and Armenia over the Armenian ethnic enclave of Nagorno-Karabakh within Azerbaijan, and the Azerbaijani exclave of Nakhchivan, which is separated from the rest of Azerbaijan by Armenia. While the White House hails the Agreement as a “historic peace deal,” the reality is more …

“Durable Solutions” Revisited: Italy’S Train-To-Hire Pathway Under The Cutro Decree As Alternative Refugee Protection, Tim Streit

Human Rights Brief

I. Introduction

If the average person were asked to imagine a refugee, they might conjure the image of a migrant fleeing war or persecution, showing up at the border of a new country with a few belongings in hand, and asking not to be sent back to the dangerous place from which they came. In fact, it is not only the hypothetical “average person” who pictures this scenario. The international refugee protection system, developed after World War II through the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol Relating to the Status of Refugees …

Migration In Context And Law: Global Displacement And The U.S. Immigration System, Saya Khandar, Dominic Brunaccioni, Samantha Johnson, Nisa Manzar, Lindsey Nye, Alexis Stephens, Sherise Tracey

Human Rights Brief

On February 20, 2026, the Human Rights Brief at American University Washington College of Law (WCL) held its annual symposium, titled “Migration in Context and Law: Global Displacement and the U.S. Immigration System.” This symposium was curated in response to intensified immigration operations across the United States (U.S.), which have resulted in significant harm to individuals and families nationwide. The discussion centered on the humanity of immigration and explored how global displacement, armed conflict, economic instability, and climate change continue to shape migration. Organizers brought together legal scholars, practitioners, and advocates to examine current immigration policies in the context of …

The Unilateral Reinterpretation Of The Treaty Of Waitangi: Analyzing The Treaty Principles Bill And Its Impact On Māori Sovereignty, Jason Kehoe

American University International Law Review

This comment examines New Zealand’s compliance with the Treaty of Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples by examining the countries treatment of Māori following the introduction of the Treaty Principles Bill and comparing the nations treatment of these groups to similarly situated nations. This comment analyzes the legal and moral duties imposed by the UNDRIP and ILO Convention 169 and the criticism New Zealand has faced for its pushback against the principles originally enshrined in the Treaty of Waitangi. This comment will first provide background on the treatment of Māori in New Zealand following …

Missing The Right(S) Point: How Australia’S Social Media Ban Fails Children And The Case For A Holistic Rights-Based Approach To Online Safety, Ying Chen

American University International Law Review

In December 2024, Australia rewrote the rules of growing up. Children under sixteen may learn to drive, open a bank account, and even face criminal charges—yet the Australian Government considers them too young to scroll through Instagram or send a Snapchat. With the enactment of the Online Safety Amendment (Social Media Minimum Age) Act 2024, Australia became the first country to introduce an outright ban on social media access for those under sixteen. This bold legislative move has attracted global attention, with several countries reportedly considering similar measures. Through a critical analysis of Australia’s social media ban, this article provides …

The Lives Of Fritz Haber And Of International Law: Entwined Tales Of Tragedy And Irony, Mark A. Drumbl, C. William Vardy

Scholarly Articles

This article recounts the life of international law through the story of a single individual. This is the narrative of biographical international law. The subject — equally protagonist and antagonist — of this article is Fritz Haber, a German-Jewish scientist born in 1868. Devoted to the Kaiser, Haber was declared a war criminal by the Allies following World War I for having been ‘the father’ of chemical warfare. Haber argued that chemical weapons were more humane than conventional weapons. While under this shadow, Haber also won the Nobel Prize for chemistry in 1920 for his pioneering work with ammonia …

Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho

Faculty Articles

Insulation produced by the Danish company Rockwool—or its Russian subsidiary—lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels’ operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia’s 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights (“UNGPs”). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law (“IHL”). However, it requires …

Democratizing Restitution: Trust As An Equitable Approach To Competing Claims On Cultural Heritage Objects, Britta Redwood

Articles

As formerly colonized states began to win their independence in the mid-twentieth century, a growing chorus of voices called on museums in London, Paris, Berlin, and other European cities to return objects taken during the colonial period. Having largely ignored these requests until recently, museums throughout Europe and the United States have begun negotiating returns of these objects to their rightful owners. There is a growing recognition among Western cultural institutions that continuing to hold cultural heritage objects taken under conditions of coercion or violence is morally untenable. More recently, some scholars have argued for a human rights approach to …

Comparative Visions For U.S. Group-Based Asylum Proposal, Lauren N. Hughes

Scholarly Articles

Images of asylum seekers and migrants desperate to enter the United States at the southern border abound in U.S. media. Less familiar to the American public, but intertwined with the highly politicized modern migration crisis, is the ever-growing backlog of pending asylum applications before both the Asylum Office and Immigration Courts. This backlog has many causes, including underresourced agencies, a growing number of asylum applicants, the high evidentiary burden and complexities inherent to asylum law, and the lack of counsel for many asylum seekers. In response to this crippling backlog, some scholars propose the adoption of a “group-based” asylum mechanism. …

The Reception Of International Human Rights Law In Charter Litigation: "Not A Box Of Chocolates" But You Still "Never Know What You're Gonna Get", Karinne Lantz

Articles, Book Chapters, & Popular Press

This article explores the reception of international human rights law(IHRL)in Canada. Focusing on the Charter context, it demonstrates that how IHRL applies in Canada continues to lack clarity despite repeated (and recent) efforts by the Supreme Court of Canada to provide it. This article argues that this lack of clarity is an important matter for the Court to address, particularly as IHRL is increasingly being invoked before courts and other tribunals around the world. It argues that the Court should adopt a methodology that: (i) endorses the “Dickson Doctrine,”according to which the “minimum protection approach”is robustly applied for international human …

Race, Reparative Justice, And Climate Change-Related Migration, Monica Visalam Iyer

FIU Law Review

The question of how to appropriately respond to migration linked to climate change is increasingly being debated in academia, in government and policy circles, and, crucially, in international legal and climate policy forums. These debates often center on data and on understanding the true numbers of people who might migrate in the context of climate change, and how much of this migration can accurately be linked to climate change, or on the security and logistical concerns associated with responding to this “challenge,” or on the appropriate legal box into which people migrating in this context can be shoved. Too often, …

Reproductive Rights & Absolutist Abortion Bans: Beatriz V. El Salvador & Human Rights Standards In The Inter-American Court Of Human Rights, Jordan Schucker

Human Rights Brief

On December 20, 2024, the Inter-Amer­ican Court of Human Rights (IACtHR) issued its judgment in Beatriz v. El Salvador. The case concerned an impoverished Salvadoran woman, known as Beatriz, who had severe pre-existing conditions impacting her pregnancy, including systemic lupus erythematosus, lupus nephritis, and rheumatoid arthritis. After a first pregnancy,  in 2012 that triggered severe preeclampsia, she became pregnant again in 2013. Ultrasounds showed the fetus was anencephalic, making it incompatible with life outside the uterus.