Human Rights Law Commons^™

The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland

Cardozo International & Comparative Law Review

No abstract provided.

Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn

Law Faculty Scholarship

No abstract provided.

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers

William & Mary Bill of Rights Journal

No abstract provided.

Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter

William & Mary Bill of Rights Journal

By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.

However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position and …

Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford

William & Mary Bill of Rights Journal

No abstract provided.

Dogs Of War Get A New Lease On Life: Why The Military Extraterritorial Jurisdiction Act Violates The Eighth Amendment In Light Of United States V. Slatten, Michael D. Stinnett-Kassoff

Washington and Lee Journal of Civil Rights and Social Justice

The United States has relied on Private Military Firms (PMFs) extensively to carry out its numerous overseas military missions since the end of the Cold War. Civilians and contractors have always had a place in American wars, even during the American Revolution and beyond. But the recent American incursions into Afghanistan and Iraq brought an unprecedented number of private contractors into the forefront of these conflict zones, the discussions surrounding them, and the legal questions arising from their ashes. Particularly, private contractors in Iraq seemed to be operating in a legal grey area—they clearly were not soldiers, and they clearly …

Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs

Faculty Publications

It is a central tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party that illegally launches a war benefits from all the same rights as a party that must defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible and that defenders should have more rights and fewer responsibilities than aggressors. The equal application doctrine retains the support of legal scholars, however, because they reasonably fear that applying different rules to different warring parties will substantially reduce overall compliance with …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Medical Care In Urban Conflict, Kenneth Watkin

International Law Studies

The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care …

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.

Book Review, Marcos Zunino, Justice Framed: A Genealogy Of Transitional Justice (2019), Mark A. Drumbl

Scholarly Articles

Transitional justice initiatives, broadly speaking, respond to systematic human rights abuses. These initiatives take multiple shapes and forms. This means that the actual practice of transitional justice is diverse and organic. Transitional justice discourse, however, is aspirational, normative and selective. It is less heterogeneous and far more directive. Marcos Zunino’s eye-opening book, Justice Framed, is about gaps between narrative discourse and tangible practice. It is about the effects of discourse on practice. More pointedly, Justice Framed is about how discourse ‘surfaces’ certain kinds of practices of the past while sidelining and ignoring others. Hence, to come full circle, this book …

They Hate U.S. For Our War Crimes: An Argument For U.S. Ratification Of The Rome Statute In Light Of The Post-Human Rights Era, 53 Uic J. Marshall. L. Rev. 1011 (2019), Michael Drake

UIC Law Review

No abstract provided.

Cold War I, Post-Cold War, And Cold War Ii: The Overarching Contexts For Peacekeeping, Human Rights, And Nato, Michael W. Doyle

Faculty Scholarship

Peacekeeping, human rights, and the North Atlantic Treaty Organization (NATO) have flourished in complementary contrast with each other. Their relationship has reflected the constraints and opportunities provided by three geopolitical eras since World War II. The first (the first Cold War) began in about 1948 and lasted until 1988; the second (the Post-Cold War Liberal Primacy) ran from 1989 to around 2012; finally, since 2012 the world has been threatened with the emergence of a second Cold War.

During the first geopolitical era, NATO was the centerpiece of the Western Cold War alliance. However, its importance declined when the Cold …

An Information Operations Theory Of Domestic Counterterrorism Efforts, Tung Yin

South Carolina Law Review

No abstract provided.

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.

The Legacy Of Colonialism On The Rule Of Law In Sub Saharan Africa, Joel H. Samuels

Articles

No abstract provided.

Call For Proposals 2019: The Social Practice Of Human Rights, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

2019 marks 30 years since the end of the Cold War and the beginning of an era pregnant with promise and potential for human rights, democracy, and global governance.

Yet today, global capitalism drives widening and deepening inequalities. Its dependence on natural resource extraction and exploitation is hastening ecological collapse. Authoritarianism and populism have risen from the rubble of liberalism’s inability to deliver on its pledges. Technology, once promoted as a panacea for transnational boundary breaking and democratization, further empowers the powerful to reshape politics and upend notions of privacy, social life, information, employment, and even biology.

Critics have questioned …

State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe

Cardozo International & Comparative Law Review

No abstract provided.

Bacha Bazi And Human Rights Violations In Afghanistan: Should The U.S. Military Have Done More To Protect Underage Boys?, Annie Barry Bruton

Kentucky Law Journal

No abstract provided.

October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Professor Gabriella Blum's The Paradox of Power observes that international humanitarian law (IHL) has been in a long. term evolution toward putting the principle of "humanitarianism" and civilian protection at its normative and legal center. The Lecture (on which this essay is a commentary) identifies several reasons for this, in particular (within and across liberal democratic societies) social acceptance of IHL as law but also as socially internalized norms that give IHL broad moral legitimacy. Accepting The Paradox of Power's main propositions as cor rect, this Commentary extends its account in several ways. First, The Paradox of Power's combination of …

Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman

Scholarly Articles in Law Reviews & Journals

The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers

Scholarly Articles in Law Reviews & Journals

On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What …

Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer

Brooklyn Journal of International Law

For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …

Sexual Violence Against Women In An Armed Conflict, Nowsheen Altaf Dar, Benish Mehraj

Violence Against Women conference

Documentation of life under militarization has mostly been done by “men writing about men.” The need to have a gendered perspective of conflict and war was only recently introduced in the academic discourse after the collective violence against the women of Bosnia and Rwanda in the 1990s was given the attention it deserved by the international media. In Kashmir, women are subjected to violence through physical, sexual, and mental harassments. The very nature of the conflict has pushed Kashmiri women to the wall, putting the burden of violence on their shoulders. Women face physical and sexual assault at checkpoints, during …

“Protecting Children”: A Welcome Addition To Efforts To Redress Wartime Harms, Diane Marie Amann

Popular Media

This essay is the second in an online mini forum that Just Security is hosting on the new book, Protecting Children in Armed Conflict.