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Articles 481 - 510 of 1020

Full-Text Articles in Human Rights Law

Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell May 2017

Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups, Noam Lubell

International Law Studies

Recent years have seen the emergence of significant legal debate surrounding the use of force against armed groups located in other States. With time, it has become clear that in many cases such operations are not confined to the territory of one other State, but expand to encompass multiple territories and often more than one armed group. This article examines multi-territorial conflicts with armed groups through the lens of several legal frameworks. Among other topics, it analyses the questions surrounding the extension of self-defense into multiple territories, the classification of the hostilities with the group and between involved States, the …

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Space Weapons And The Law, Bill Boothby May 2017

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …

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Toward A Science Of Torture?, Maxwell Gregg Bloche May 2017

Toward A Science Of Torture?, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …

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Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat Apr 2017

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

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The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner Mar 2017

The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner

International Law Studies

Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …

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A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany Mar 2017

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …

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The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank Mar 2017

The Limits Of Inviolability: The Parameters For Protection Of United Nations Facilities During Armed Conflict, Laurie R. Blank

International Law Studies

This article examines the international legal protections for United Nations humanitarian assistance and other civilian facilities during armed conflict, including under general international law, setting forth the immunities of the United Nations, and the law of armed conflict (LOAC), the relevant legal framework during wartime. Recent conflicts highlight three primary issues: (1) collateral damage to UN facilities as a consequence of strikes on military objectives nearby and military operations in the immediate vicinity; (2) the misuse of UN facilities for military purposes; and (3) direct attacks on fighters, weapons or other equipment that cause damage to such facilities. To identify …

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Detention By Armed Groups Under International Law, Andrew Clapham Feb 2017

Detention By Armed Groups Under International Law, Andrew Clapham

International Law Studies

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.

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Blog: Justice Requires Enforcement, Especially For The Gravest Acts Of Torture Conducted By The United States In The Aftermath Of 9/11, Saadia Khan Jan 2017

Blog: Justice Requires Enforcement, Especially For The Gravest Acts Of Torture Conducted By The United States In The Aftermath Of 9/11, Saadia Khan

The Modern American

No abstract provided.

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The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio Jan 2017

The Karadžić Genocide Conviction: Inferences, Intent, And The Necessity To Redefine Genocide, Milena Sterio

Law Faculty Articles and Essays

This Article first discusses and analyzes the Genocide Convention and its strict definition of genocide and the "intent" requirement. It then focuses on the evolution of this definition in light of the recent Karadžić case. This Article demonstrates that in modern-day conflicts, the finding of genocidal intent may be an impossible task for the prosecution and that the ICTY Trial Chamber’s method of inferring intent based on knowledge and other indirect factors may be the only way that prosecutors will be able to obtain future genocide convictions. This Article then discusses a possible re-drafting and re-conceptualizing of the genocide definition …

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Ngo Statement On Reported Changes To U.S. Policy On Use Of Armed Drones And Other Lethal Force, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Coalition For Peace Action, Friends Committee On National Legislation, Human Rights Clinic, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Reprieve Jan 2017

Ngo Statement On Reported Changes To U.S. Policy On Use Of Armed Drones And Other Lethal Force, American Civil Liberties Union (Aclu), Amnesty International, Center For Civilians In Conflict (Civic), Center For Constitutional Rights, Coalition For Peace Action, Friends Committee On National Legislation, Human Rights Clinic, Human Rights First, Human Rights Watch, Interfaith Network On Drone Warfare, National Religious Campaign Against Torture, Open Society Foundations, Reprieve

Human Rights Institute

The Trump administration’s failure thus far to release and explain the changes it has made to a previously public policy is a dangerous step backwards. Transparency around the use of lethal 2 force is critical to allowing independent scrutiny of the lawfulness of operations and to providing accountability and redress for victims of violations of international law. Transparency also helps governments identify and address civilian harm. It enables the public to be informed about some of the most important policy choices the government makes in its name – ones that involve life and death decisions. While transparency can enhance the …

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What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho Jan 2017

What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho

St. Mary's Law Journal

Abstract forthcoming.

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Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron Jan 2017

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

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Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters Jan 2017

Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters

Articles by Maurer Faculty

War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …

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A Matter Of Policy: United States Application Of The Law Of Armed Conflict, Chris Jenks Jan 2017

A Matter Of Policy: United States Application Of The Law Of Armed Conflict, Chris Jenks

Faculty Journal Articles and Book Chapters

To what extent does the law of armed conflict (LOAC) apply to the United States military fighting in armed conflicts? Though the question seems straightforward enough, the answer is anything but. This article explains, in general, why the answer is imprecise and unsatisfying as applied to the most prevalent type of contemporary armed conflict, non-international. More specifically, this article argues that the U.S. government's primary response of claiming to apply LOAC as a matter of policy when and where that law wouldn't otherwise apply is superficially persuasive but not substantively responsive.

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Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik Dec 2016

Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.

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Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack Dec 2016

Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack

International Law Studies

Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …

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Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner Nov 2016

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …

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Implementation Of Executive Order Of July 1, 2016, Human Rights Institute Oct 2016

Implementation Of Executive Order Of July 1, 2016, Human Rights Institute

Human Rights Institute

October 6, 2016, NEW YORK – The Columbia Law School Human Rights Clinic today urged the Obama Administration to fulfill its promises of transparency and accountability for U.S. drone strikes. Over the past decade, the U.S. government has killed thousands of people around the world in a program largely cloaked in secrecy. Together with a group of leading non-governmental organizations, the Clinic called on the government to act on promises it made over the summer to investigate drone strikes and compensate victims.

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Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond Oct 2016

Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond

Northwestern University Law Review

This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …

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Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin Jul 2016

Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin

Georgia Journal of International & Comparative Law

No abstract provided.

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Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi Jul 2016

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.

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Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl Jul 2016

Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl

Georgia Journal of International & Comparative Law

No abstract provided.

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A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust Jul 2016

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

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Syria: Can International Law Cope? Workshop Report, Christopher M. Ford Jun 2016

Syria: Can International Law Cope? Workshop Report, Christopher M. Ford

International Law Studies

The Stockton Center for the Study of International Law at the U.S. Naval War College and the Center for the Rule of Law at the U.S. Military Academy convened a three-day workshop in November 2015. The workshop sought to examine the question posed by its title: Can International Law Cope with the Situation in Syria? It is a question that has ramifications for the viability of international law well beyond the confines of events in Syria. This report surveys the key issues that were raised during the workshop and serves as an introduction to the articles that follow in this …

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Terrorism: The Proposed United States Draft Convention, William T. Bennett Jun 2016

Terrorism: The Proposed United States Draft Convention, William T. Bennett

Georgia Journal of International & Comparative Law

No abstract provided.

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Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand Jun 2016

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.

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Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy May 2016

Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy

International Human Rights Law Journal

Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.

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A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer May 2016

A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer

International Human Rights Law Journal

The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …

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Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley May 2016

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

International Human Rights Law Journal

Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …

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