International Humanitarian Law Commons^™

The Concept Of Humanitarian Intervention Revisited, Yogesh K. Tyagi

Michigan Journal of International Law

Every case of humanitarian intervention gives rise to mixed feelings of hope and despair. Hope comes from the involvement of the international community, and despair comes from the fact that the state system is still too weak to meet its basic responsibility, namely, the protection of human dignity. Influenced by these mixed feelings, the present article attempts a new look at the concept of humanitarian intervention. In Part I, it examines the concept of humanitarian intervention. Part II analyzes the principal aspects of humanitarian intervention: the reasons for the intervention, the character of the target state, and the status of …

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker

Penn State International Law Review (1982 - 2011)

No abstract provided.

Using International Human Rights Law To Advance Queer Rights: A Case Study For The American Declaration Of The Rights And Duties Of Man, 55 Ohio St. L.J. 649 (1994), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In addition to violating various provisions of federal and state constitutions, anti-gay ballot initiatives may violate international human rights norms. I see three reasons to invoke international human rights to challenge these initiatives. First, international human rights norms place the struggle for gay and lesbian rights in its proper context as a struggle for human rights. Second, some of the international human rights instruments provide both a source of legal obligation and an additional forum to challenge anti-gay ballot initiatives. Third and finally, if lesbian and gay activists in the United States establish that documents such as the American Declaration …

Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe

University of Richmond Law Review

On 22 February 1993, the United Nations Security Council passed Resolution 808 calling for the establishment of an international tribunal for the prosecution of persons responsible for "serious violations of international humanitarian law committed in the territory of former Yugoslavia." The resolution also asked the Secretary-General to submit to the Security Council for consideration a report on aspects of the tribunal considering "suggestions put forward in this regard by Member states." In May, Secretary-General Boutros Boutros-Ghali issued his report and proposed the Statute of the International Tribunal ("Statute"), designed to govern the tribunals establishment and operation.

Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia

Pace International Law Review

No abstract provided.

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

No Justice, No Peace: Accountability For Rape And Gender-Based Violence In The Former Yugoslavia, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

The Women in the Law Project of the International Human Rights Law Group (Law Group) sponsored a delegation to the former Yugoslavia from February 14 to 22, 1993. The delegation, which was also endorsed by the Bar Association of San Francisco, had two principal objectives.

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.

Report Of The Commission Of Enquiry Into Certain Allegations Of Cruelty And Human Rights Abuse Against Anc Prisoners And Detainees By Anc Members, Motsuenyane Commission Of Inquiry, Margaret A. Burnham, Bernard E. Harcourt, David E. Loftis, Samuel M. Motsuenyane, David M. Zamchiya

Faculty Projects

The Motsuenyane Commission of Inquiry was appointed by the President of the African National Congress of South Africa (ANC), Dr. Nelson Mandela, to investigate allegations of human rights abuses and alleged disappearances among its members. Its terms of reference were dated the 12th January, 1993. This is a historic event insofar as it is the first time that a liberation movement has engaged an independent commission to review allegations that its members violated human rights guarantees within its ranks.

Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman

Vanderbilt Journal of Transnational Law

This Note examines the legality of humanitarian intervention by tracing the historical justifications for nonintervention through modern interpretations of the U.N. Charter. Events leading to the change in the U.N. stance on humanitarian intervention are discussed. The Note also sets out criteria for justifiable intervention. The Note concludes that intervention can be justified to the extent that it is carried out for humanitarian purposes.

Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.

Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …

In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera

Vanderbilt Journal of Transnational Law

The Inter-American region has a history of widespread human rights abuse. To combat this problem the Organization of American States has developed a regional system for the protection of human rights. The system's adjudicatory body is the Inter-American Court of Human Rights (the Court). In recent years the Court has expanded its power through its exercise of contentious jurisdiction. Certain factors, however, that are unique to the Inter-American region weigh against the Court's use of contentious jurisdiction.

Tracing the development of the Inter-American human rights system in general and the Court in particular, this Note evaluates the Court's powers and …

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

No abstract provided.

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 …

State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff

Michigan Journal of International Law

This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …

The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul

UIC Law Review

No abstract provided.

A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Islam And The State, Ann Elizabeth Mayer

Cardozo Law Review

No abstract provided.

International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch

Faculty Scholarship

To what extent should domestic courts apply international law – specifically the international law of human rights? I would like to examine this question with reference to two very different states: the Union of Soviet Socialist Republics and the United States. For quite distinct reasons, neither of the two has yet fully embraced the idea of direct application in national tribunals of the body of international law that regulates the relationship between human beings and their own governments. As the post-Cold War era unfolds, it is time to ask whether either or both of these erstwhile adversaries might finally be …

The Comprehensive Plan Of Action For Indo-Chinese Refugees: An Experiment In Refugee Protection And Control, Arthur C. Helton

NYLS Journal of Human Rights

No abstract provided.

Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The United Nations Convention On The Rights Of The Child: A Policy-Oriented Overview, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Conscientious Objection In South Africa: Governmental Paranoia And The Law Of Conscription, Lynn Berat

Vanderbilt Journal of Transnational Law

By the end of 1975, Mozambique and Angola' had gained independence; in 1980, Rhodesia became black majority ruled Zimbabwe.' Although it is currently occupied illegally by South Africa in contravention of both a United Nations Security Council Resolution and an advisory opinion of the International Court of Justice,' even Namibia (also known as South West Africa) will soon become an independent state.' No longer surrounded by a buffer zone of white minority ruled states separating it from black ruled Africa, South Africa stands alone, the last outpost of white supremacy on the continent.

Amidst all of these developments, the South …

The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey

UIC Law Review

No abstract provided.

Helping Those Who Help The Sojourner Among Us: Viable Defenses For Members Of The Sanctuary Movement, 21 J. Marshall L. Rev. 135 (1987), Barbara A. Sherry

UIC Law Review

No abstract provided.