Human Rights Law Commons^™

Battlefield Uncertainties And The Use Of Ai, Tsvetelina Van Benthem

International Law Studies

This article explores the relationship between uncertainty in armed conflict, the use of artificial intelligence (AI), and the content of international law. It first provides a review of different types of conflict-related uncertainty, both internal to the party to conflict and external, and considers the interaction between these existing uncertainties and the use of AI. In so doing, it also explores the new uncertainties that can be introduced through AI. Second, it analyzes national submissions on military uses of AI and autonomous weapons to outline the uncertainties raised by States and their relevance for regulatory approaches to the use of …

The Analytical Routes Of Aiding And Abetting Under The Alien Tort Statute, Amelia Cochran

Northwestern Journal of International Law & Business

This paper examines whether aiding and abetting liability for corporate involvement in human rights abuses is a cognizable claim under the Alien Tort Statute (ATS). Though the ATS has potential to serve as a powerful mechanism of civil redress for violations of international law, the Supreme Court has increasingly narrowed its scope in recent decades. As a result, critical questions remain unresolved regarding the cognizability of certain claims under the statute. This paper focuses primarily on Doe I et al. v. Cisco Systems, Inc. et al.,, a case emerging from the Ninth Circuit Court of Appeals. In January 2026, following …

Globalne Łańcuchy Wartości – Perspektywa Publicznego Regulatora, Karol Gustaw Kopczyński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Fenomen globalnych łańcuchów wartości skupia coraz większą uwagę regulatorów i prawników, a przepisy prawne coraz częściej zaczynają kształtować globalną produkcję. W ostatnich latach można zauważyć dynamicznie rozwijającą się tendencję uchwalania przepisów regulujących transgraniczną zrównoważoną produkcję. Niniejszy artykuł ma na celu przedstawienie zjawiska globalnych łańcuchów wartości z perspektywy publicznych regulatorów. Na wstępie artykułu przedstawiono podstawy teoretyczne koncepcji eksterytorialności lokalnego prawa, tj. teorii Efektu Kalifornii/Brukseli. Następnie opisano rozwój regulacji dotyczących globalnych łańcuchów wartości, zaczynając od mechanizmów soft law aż do wiążących regulacji państw o najsilniejszej pozycji. Aby ukazać w jaki sposób prawodawca widzi globalny łańcuch wartości, dokonano analizy prawnej wybranych aktów prawa …

The Varieties Of Substantive Due Process Experience: Obergefell, Dobbs And A State Constitutional Alternative, Lawrence Friedman

Mercer Law Review

As a guide to understanding—and applying—the doctrine of substantive due process under the Fourteenth Amendment, Obergefell v. Hodges seems to have enjoyed a relatively short reign. Less than ten years after the Supreme Court of the United States held that individuals enjoy a fundamental right under the Fourteenth Amendment to marry a person of the same sex, the Court in Dobbs v. Jackson Women’s Health Organization turned to a different approach to the task of identifying and enforcing unenumerated constitutional rights. Dobbs, like Obergefell, is not without its problems: where the substantive due process analysis articulated in Obergefell lacks rigor, …

Head Shot, Joanmarie Ilaria Davoli

Mercer Law Review

The prohibition of cruel and unusual punishment in the Eighth Amendment of the U.S. Constitution requires that execution methods avoid “superadding pain.” The U.S. Supreme Court has held that the imposition of a death sentence should include no additional pain beyond that needed to kill. That means, for example, that while pain may be inherent in the method of killing, torture is prohibited. As concerns about the pain involved in lethal injections has increased, states have begun executions by shooting inmates in the heart and by suffocation through gas mask. These methods have been used despite evidence that they superadd …

Still Uncertain After All Of These Years: Constitutional Rights Of Guantanamo Detainees Tried By Military Commission, Michael D. Ross

Mercer Law Review

This article explores whether Guantanamo detainees are entitled to constitutional protections at military commission trials. In 2006, Congress passed the Military Commissions Act (“MCA”). Its goal was to establish a fair system to try foreign detainees accused of war crimes. The ensuing nineteen years have revealed that the system needs reform. The most important cases, such as the 9/11 and U.S.S. Cole prosecutions, are still bogged down in pre-trial litigation that has lasted over a decade. But before policy makers consider reforms, they should know what constitutional protections apply at a military commission. Federal courts have not answered that question. …

Gender-Based Violence And Botswana's Constitutional Failure To Protect Women's Rights, Cameron Mcdonald

Immigration and Human Rights Law Review

Gender-based violence (“GBV”) remains a pervasive human rights issue throughout Botswana. When it comes to gender equality, Botswana’s dual constitutional and customary legal system is a paradox. Despite its commitment to equality and nondiscrimination, Botswana’s Constitution allows customary courts to discriminate freely to preserve traditional practices that disadvantage women. These traditional practices affect women’s right to property, inheritance, marriage, legal representation, and personal safety. Customary law continues to constrain women’s right to economic autonomy and access to justice, leaving many women dependent on the men who abuse them. As a result, many Batswana women experience structural discrimination in both their …

The International And Comparative Aspects Of United States V. Skrmetti: The Detrimental Rise Of Anti-Trans Sentiment In The United States, Julia Parrey

Immigration and Human Rights Law Review

In recent years, anti-trans sentiment has significantly increased in the United States. This Article examines the legal advocacy by the LGBTQ+ community that laid key legal groundwork for basic protections through landmark US Supreme Court decisions like Lawrence v. Texas and Obergefell v. Hodges and analyzes how recent judicial and legislative actions signal a dangerous reversal of that progress.

The central analysis focuses on the consequences of United States v. Skrmetti, where the Supreme Court upheld Tennessee’s ban on gender-affirming care for minors by applying rational-basis review, concluding that the law classified based on age or medical diagnosis, rather …

Silencing Liberty: Why Curtailing Noncitizens' Speech Is Un-American, Erin Gray

Immigration and Human Rights Law Review

Since the October 7, 2023, attack on Israel thousands of students across the world protested Israel’s involvement in the war on Gaza. Many of these protests occurred at American universities. When President Trump returned to the White House in 2025, he publicly threatened to and deport noncitizen students who participated in these protests. Following through with his promise, President Trump revoked multiple students’ visas after they participated in some form of Pro-Palestine advocacy. This Article explores whether President Trump’s actions are constitutional under the First Amendment. Ultimately, this Article concludes that President Trump violated the First Amendment by targeting noncitizen …

The Myth Of The Immigrant As A Criminal: Rhetoric, Otherness, And The Legal Construction Of Danger, Katerina Fernandez

Immigration and Human Rights Law Review

The figure of the “criminal immigrant” occupies a central place in contemporary U.S. immigration discourse, shaping public perception, enforcement priorities, and legal doctrine. Yet a substantial body of empirical research consistently demonstrates that immigrants—both documented and undocumented—commit crimes at lower rates than native-born citizens. This Note examines why the narrative of immigrant criminality persists despite this evidence and how it influences the development and operation of immigration law. It argues that “immigrant” functions not only as a legal category but also as a socially constructed marker of Otherness, encompassing perceived differences in race, language, culture, and religion. Through this lens, …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

Abstract

Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

Abstract

Armed Conflict: Addressing Violations Against Children's Human Rights, Noelia Torres Guillen

Posters - 2026

• Research question: How has armed conflict violated children's human rights, and how have international legal frameworks been effective in addressing these violations?

• The CRC sets the standard international definition, which defines a child as every human being below the age of eighteen years

• There are six grave violations: Killing and maiming of children, the recruitment or use of children as soldiers, sexual violence, abduction, attacks against schools and hospitals, and denial of humanitarian access for children.

• Argument (thesis): Although there are several legal instruments implemented to protect children's human rights during armed conflict, children are still …

Core Elements Of Policy Solutions, Audrey Morrissey

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Generative Adversarial Discrimination, Josh Fairfield

Washington and Lee Journal of Civil Rights and Social Justice

Anti-discrimination law assumes that discrimination can be detected and rectified, that the evidentiary burden of the plaintiff can in fact be met. But the evolutionary logic of AI training causes it to target vulnerable groups, lie about reasoning, and above all resist detection. Because of hidden core prompts in generative AI systems, and how those prompts interact with the nature of AI training and deployment, AI will often actively hide discrimination rather than surface and address it. Stopping this will be difficult. At present, neither humans or AI can detect this emergent dark-pattern behavior. Without legal intervention, the broad use …

Before The Last Breath: How Alabama’S Nitrogen Execution Adoption Created A Procedural Crisis On Death Row, Caroline E. Penfield

Washington and Lee Journal of Civil Rights and Social Justice

In 2024 and 2025, Alabama executed eleven people. During this time and in the years leading up to it, the State botched multiple lethal injections. Seeking an ostensibly constitutional way to continue carrying out executions, Alabama introduced death by nitrogen gas suffocation. The problems with lethal injection are not unique to Alabama, but Alabama was the first to adopt and use the novel nitrogen gas method, despite concerns from medical professionals, the public, and inmates themselves. Alabama put little to no protocol in place for inmates to exercise their statutory right to elect this method, leading to confusion and harm. …

Reel It In: Untangling The Circuit Split On The Constitutionality Of Geofence Warrants Under The Fourth Amendment, Kate P. Risser

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines geofence warrants and their ongoing threat to constitutionally protected rights such as privacy, speech, and assembly. Part I will provide background information on geofence warrants and examine the prominent justifications for the use of the warrants. Part II will examine how law enforcement’s use of geofence warrants threatens citizens’ constitutionally protected fundamental rights like privacy and reproductive rights. Specifically, Part II addresses how geofence warrants disproportionately target and affect women, people of color, and low-income individuals. Part III will detail the history of the Fourth Amendment tracing its roots to before the Founding Era then exploring applicable …

Interrogation Of Regents And Administrative Reliance Interests In The Context Of Vacillating Immigration Policy, Sarah Engelberg-Nolan

Fordham Law Review

Arbitrary and capricious review under the Administrative Procedure Act (APA) operates as an important agency-accountability tool when invoked as intended. But the recent U.S. Supreme Court case Department of Homeland Security v. Regents of the University of California and subsequent lower federal court cases have opened the floodgates to a more searching and potentially activist review. In Regents, the Court held that the administration of President Donald J. Trump could not rescind the discretionary immigration program Deferred Action for Childhood Arrivals (DACA) in the manner the U.S. Department of Homeland Security (DHS) attempted, in part because DHS failed to …

People's Upr Written Record: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

This written record compiles the lived experiences of directly impacted persons. Directly impacted persons include people who have personally faced the conditions, policies, or practices documented in this written record in the United States and who have chosen to share their testimonies. The testimonies in this written record include those provided in-person, via video recording, which have been transcribed, or in writing. Testimonies are presented anonymously with ▊ sign as names and identifiable information has been redacted. Their accounts provide first-hand evidence of how these human rights issues operate in practice, offering essential context and depth that cannot be captured …

Three Paths To Justice: Comparing Feminist Strategies Against Gender-Based Violence In East Asia, Ashley Chon

The Dialogue

No abstract provided.

Cognitive Warfare: Generative Ai, False Realities, And International Humanitarian Law, Gary Corn

Joint PIJIP/TLS Research Paper Series

This paper, written as a draft chapter for the Lieber Institute for Law and Land Warfare's forthcoming book on International Law and Artificial Intelligence in Armed Conflict: The AI-Cyber Interplay, explores the IHL implications of a specific subfield or category of AI—Generative AI (GenAI). This new and rapidly evolving technology does not merely analyze or classify data; it also generates original image, audio, and video content. This synthetic content can be highly deceptive and manipulative, as in the case of so-called “deepfakes.” Combined with other information and communications technologies (ICT) and AI capabilities, GenAI has the potential to drastically transform …

The Vicious Cycle Of 'Disaster-Recovery-Disaster' And Sids: Lessons From The Icj Advisory Proceedings On Climate Change, Chhaya Bhardwaj

William & Mary Environmental Law and Policy Review

The core argument of this Article is that the current theoretical and legal frameworks are insufficient to fully comprehend the circumstances of the Small Islands Developing States (SIDS), which claim to be in a “constant state of recovery or disaster.” The SIDS continue to suffer, as the extreme climate events become more frequent, severe, and compounding. The existing theoretical and legal frameworks assume that every disaster that begins must end, as does the recovery period following the disaster. However, in the case of some SIDS, the disaster or recovery period never ends. For example, sometimes, another disaster strikes even before …

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Conflict As Catalyst: The Role Of Conflict In Creating Political Space For Women, Christie Warren

Faculty Publications

Although the benefits associated with the presence of women in political decision-making positions are uncontested, global statistics relating to the number of women in political leadership roles paint a disappointing picture of underutilized resources. While rights-based advocacy, quotas, and economic incentives are commonly posited as effective strategies to increase the number of women active in public spaces, several studies have shown that the law alone is not sufficient to bring about changes in gender norms unless the underlying structural constructs that perpetuate inequalities privileging dominant groups are addressed first. Conflict, especially when driven by rejection of those inequalities, can hasten …

Ibu Kota Nusantara Sebagai Daerah Khusus Berdasarkan Desentralisasi Asimetris, Krisna Bagas Purwopangestu, Sri Wahyuningsih

Jurnal Hukum & Pembangunan

This research examines the legal issue concerning the administration of regional government in Nusantara Capital City (IKN) which has been consider by some scholars as demonstrating deviations from the principle of decentralization. This research takes a position contrary to the mainstream legal discourse that argues there is a conceptual deviation in the model of regional governance in IKN. This research is normative legal research employing a conceptual approach and statutory approach with data collected through library research. This research argues that the administration of regional government in IKN does not indicate any deviation from the principle of decentralization. IKN is …

Lowering Of The Lowered: The ‘Spectacular’ Construction Of ‘Humiliation’ In The Indian Prevention Of Atrocities Act 1989, Ashna Singh

National Law School of India Review

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is the only law in India that explicitly recognises caste-based insults or hate speech as an offence. In doing so, it captures the distinctive harm of such speech as humiliation. This article focuses on Section 3(1)(r) of the Act and argues that this recognition is significantly qualified by the “public view” requirement. Drawing on socio-political scholarship on humiliation, I show that judicial interpretation of this requirement has produced an extra-legislative condition of spectacularity. Courts tend to read caste-based humiliation through the paradigm of visible, overt, and collective atrocity, …

Berbagai Masalah Hukum Bersangkutan Dengan Rumah Susun Dan Pemilikan Satuan Rumah Susun, Prof. Boedi Harsono, S.H.

Jurnal Hukum & Pembangunan

Abstract

The Relevance Of Fr. John A. Kaiser For Human Rights And Peace Advocacy Today, Otieno Ombok

The Journal of Social Encounters

This essay explores the relationship of the work of Fr. John Anthony Kaiser to Kenya’s 2010 Constitution. His life, work, and death embody the very principles and struggles that the new constitution was designed to address. The author also discusses how to continue the work for peace and justice in the spirit of Fr. Kaiser.