Human Rights Law Commons^™

The Lexington Principles On The Rights Of Detainees: A Transnational Legal Process Approach To Due Process, David Alan Jordan, Frederic L. Kirgis, R. Brooke Lewis, Thomas Greenwood, Bennett L. Ross, Kathryn M. Zunich

Scholarly Articles

In Boumediene v. Bush, decided June 12, 2008, the U.S. Supreme Court extended the constitutional privilege of habeas corpus to noncitizens detained at Guantanamo Bay, Cuba. Courts will now be called upon to assess the propriety of American detainee treatment practices against unclear constitutional standards. The strength and contours of the due process protections the U.S. Constitution will afford these detainees is still an unsettled question. The Lexington Principles are designed to help guide the development of American due process standards as they move outside our borders. These Principles are also intended to serve as a model for those …

Isn't "Persecution" Enough? Redefining The Refugee Definition To Provide Greater Asylum Protection To Victims Of Gender- Based Persecution, Crystal Doyle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl

Scholarly Articles

Implementation of the law requires strategic cooperation. No surprise there: It does so even in the most taut domestic polity. Law is intrinsically contingent. And political. But what does the particularly acute dependency of international criminal law on political cooperation teach us about its pertinence? Its promise? Its limits? It is one thing to assess the functionality of international criminal law. It is another to gauge the value of international criminal law, when actuated through adversarial trials, in reconstituting shattered communities; and its effectiveness as a tool of transitional justice. At its core, Virtual Trials is an analysis about functionality. …

People Not Equal: A Glimpse Into The Use Of Profiling And The Effect A Pending U.N. Human Rights Committee Case May Have On United States' Policy, Lindsay N. Wise

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Scholarly Articles

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …

Pluralism In Ghana: The Perils And Promise Of Parallel Law, Johanna E. Bond

Scholarly Articles

Many states have recognized that minority groups require accommodation to protect them from domination by the majority. Some states have responded by implementing accommodationist policies that cede jurisdiction over certain matters, such as family law, to the minority group. Many multicultural theorists have embraced accommodation as the best way to protect minority groups from oppression by the state. A number of feminists, however, have raised concerns that these accommodationist policies actually increase the vulnerability of women within those accommodated minority communities. In her book Multicultural Jurisdictions, Ayelet Shachar has made a valuable contribution to the theoretical debates surrounding state accommodation …

Introductory Note To Genocide Accountability Act, Mark A. Drumbl

Scholarly Articles

On December 21, 2007, President George W. Bush signed into law the Genocide Accountability Act of 2007 (GAA) (Public Law 110-151). Co-sponsored on a bipartisan basis by several Senators, this bill passed in the Senate on March 29, 2007, and passed in the House .of Representatives on December 5, 2007, in both cases by voice vote. The GAA received considerable support from human rights groups throughout the legislative process.

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.

The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Daughters Of The Nile: The Evolution Of Feminism In Egypt, Mohamed Younis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Scholarly Articles

This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated upon …

Reparations, Social Reconciliation, And The Significance Of Place: A Legal And Philosophical Examination Of Indigenous Cases In The United States And Their Global Implications, Jill M. Fraley

Scholarly Articles

During genocide, populations are frequently displaced from their homelands. In the process of reparations, displacement is often viewed as a problem of shelter, food, and safety. In this framework, land is treated as an economic commodity—any given piece of land is interchangeable with another or for money. This approach is a product of Enlightenment thinking, which emphasizes the rights of the individual over communal rights to land, and conceptualizes land and social identity as strongly separated. This Enlightenment framework of rights, and the accompanying de-emphasis of place, is particularly strong in the United States. Because American legal principles have played …

Book Review, Transitional Justice In The Twenty-First Century: Beyond Truth Versus Justice (Naomi Roht-Arriaza & Javier Mariezcurrena Eds., 2006) And Reconciliation In Divided Societies: Finding Common Ground (Erin Daly & Jeremy Sarkin Eds., 2006), Mark Drumbl

Scholarly Articles

It took a long time to get there but, near the close of the last millennium, humanity embraced measured accountability – instead of the extremes of impunity or vengeance – as the appropriate fate for perpetrators of mass atrocity. This embrace has prompted the construction of institutions, such as the International Criminal Court and the various ad hoc international or internationalized tribunals, to actualize this accountability imperative.

But this institution-building is only the start of the justice matrix. It is not the end point. A newer second generation of scholars and activists presses on. Agreeing on the need for accountability …

Redefining Torture In The Age Of Terrorism: An Argument Against The Dilution Of Human Rights, Miri Lim

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Law Of Assembly In The People's Republic Of China, Kam C. Wong

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf

Washington and Lee Law Review

No abstract provided.

"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Corporate Liability For Overseas Human Rights Abuses: The Alien Tort Statute After Sosa V. Alvarez-Machain, David D. Christensen

Washington and Lee Law Review

No abstract provided.

Pluralizing International Criminal Justice, Mark A. Drumbl

Scholarly Articles

This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …

Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl

Scholarly Articles

There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …

Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl

Scholarly Articles

Ten years ago, genocide ravaged the tiny African nation of Rwanda. In the wake of this violence, Rwanda has struggled to reconstruct, rebuild, and reconcile. Law-in particular, criminal trials for alleged perpetrators of genocide- has figured prominently among various policy mechanisms in postgenocide Rwanda. Criminal trials for Rwandan genocidaires' aspire to achieve several goals. These include exacting retribution, promoting reconciliation, deterring future violence, expressing victims' outrage, maintaining peace, and cultivating a culture of human rights.2 In this Lecture, I examine the extent to which these trials attain these multiple, often competing, and largely overwhelming goals. Part I begins by setting …

Plea Bargaining At The International Criminal Tribunal For The Former Yugoslavia, Ralph Henham, Mark Drumbl

Scholarly Articles

The International Criminal Tribunal for the former Yugoslavia (ICTY) increasingly has turned to plea bargains to resolve the cases before it. A number of factors motor this trend. One is administrative: the ICTY has been subject to considerable pressure from the United Nations Security Council and donor states to accelerate its work. Another is the desire to obtain acknowledgements of responsibility from perpetrators. Moreover, there is concern that, as time passes, the memories of witnesses dim. The rigours of direct and cross-examination may retraumatise those who have survived mass atrocity. ICTY judges also have expressed their understanding that guilty pleas …

International Law And The Ethnicity Of Irish Travellers, David Keane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Female Circumcision In Africa: Procedures, Rationales, Solutions, And The Road To Recovery, Shayla Mcgee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Ictr And Justice For Rwandan Women, Mark A. Drumbl

Scholarly Articles

In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?

Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Virginia V. Black,123 S. Ct. 1536 (2003), Angela R. Ernst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Introduction To The Vienna Declaration And Program Of Action Of Africans And African Descendants, Vernellia R. Randall

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.