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International Humanitarian Law Commons™
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Articles 241 - 254 of 254
Full-Text Articles in International Humanitarian Law
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Human Rights & Human Welfare
Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …
Of Minarets, Headscarves, And Cartoons, Kurt Mills
Of Minarets, Headscarves, And Cartoons, Kurt Mills
Human Rights & Human Welfare
It is difficult not to agree with Tariq Ramadan. The fear of and discrimination against Muslims in Western societies since 9/11 is clear and worrying. The anti-Muslim populism he cites is real, although it may also be part of a broader anti-immigrant populism. The posters he describes are extremely disturbing, and reminiscent of World War II propaganda. They are an artifact of fear of the misunderstood “other.”
Minarets Vote Compromises Human Rights For Everyone, Anna Talbot
Minarets Vote Compromises Human Rights For Everyone, Anna Talbot
Human Rights & Human Welfare
Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …
Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross
Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross
American University International Law Review
No abstract provided.
The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche
The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche
American University International Law Review
No abstract provided.
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
UIC Law Review
No abstract provided.
The European Human Rights System As A System Of Law, Richard Kay
The European Human Rights System As A System Of Law, Richard Kay
Faculty Articles and Papers
No abstract provided.
International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter
International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter
UIC Law Review
No abstract provided.
Russia And The Legality Of Strasbourg Law, Mark Weston Janis
Russia And The Legality Of Strasbourg Law, Mark Weston Janis
Faculty Articles and Papers
The aim of this essay is to comment on Russia's accession to the Council of Europe and its probable accession to the European Convention on Human Rights from the perspective of the legal theory concerning the nature of obligation in international law and the law-like character of international law. The facts of Russia's accession test a philosophical argument that has been made elsewhere about the nature, efficacy and 'legality' of the legal system of the European Human Rights Convention. An important premise therein is that 'sometimes a happy (or unhappy) confluence of political decisions, social attitudes, and individual actors and …
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
LLM Theses and Essays
The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav
Faculty Scholarship
The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …
United States Compliance With The Helsinki Final Act: The Treatment Of Aliens, David Carliner
United States Compliance With The Helsinki Final Act: The Treatment Of Aliens, David Carliner
Vanderbilt Journal of Transnational Law
A casualty, sorely if not fatally wounded, of the Soviet armed intervention in Afghanistan is the once widely-touted Final Act of the Conference on Security and Cooperation in Europe concluded in Helsinki on August 1, 1975. The Conference was originally proposed by the Soviet Union in the 1950's in order to promote its perceived security interest in Europe and to legitimize its territorial boundaries in Eastern Europe. Though initially opposed to the idea, the United States finally supported it in 1972 as a means of promoting the "security that would come from an expansion of cooperation between East and West …
Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera
Charter 77 In Czechoslovakia And The International Protection Of Human Rights, Roger Errera
Vanderbilt Journal of Transnational Law
Charter 77 was published in Prague in early January, 1977. At that time the document contained 240 signatures, a number which increased by 1977 to over 600. This Charter marked the beginning of a new period in the political history of Czechoslovakia, a period of public affirmation of fundamental liberties. It is useful to recall briefly reactions to the publication of this document in the East and the West, and to analyze its profound significance. It is also important to examine the major events that have taken place since 1977 and the inspiration which Charter 77 derived from the United …
Introduction, Joseph M. Snee