International Humanitarian Law Commons^™

The Internet At War: An Empirical And Legal Analysis Of Harmful Narratives On Social Media During Armed Conflict, Bailey Ulbricht, Allen Weiner

Michigan Technology Law Review

This Article empirically investigates the connection between harmful narratives on social media and violent acts perpetrated against persons protected under international humanitarian law (IHL) during armed conflict, and then examines the legal implications of such a relationship. First, examining comprehensive datasets from two inter-state armed conflicts (Russia-Ukraine and Armenia-Azerbaijan) as case studies, this Article documents patterns in Telegram data indicating that more violent acts are preceded by increases in harmful narratives than decreases in such content. This suggests that harmful narratives on social media platforms may plausibly contribute to the incidence of real-world violence committed against protected persons during armed …

Cold Comfort: Japan’S “Comfort Women” Litigation Under Transnational Law, Timothy Webster

Faculty Scholarship

Transnational human rights litigation has emerged as a powerful tool to remediate state and corporate abuses. Courts, however, rarely evince the same enthusiasm for these lawsuits as practitioners, scholars, and activists. For the past thirty-five years, “comfort women,” or survivors of wartime sexual exploitation, have used transnational litigation to seek redress from the Japanese government. Yet they have lost nearly all their cases. This Article uses ten “comfort women” lawsuits from Japan to test the limits of transnational human rights litigation. While judges rarely found for the comfort women, their verdicts nonetheless advanced the redress issue by showing the illegality …

The Futility Of “Genocide” In Ending A Genocide, Shannon Fyfe

Scholarly Articles

After the horrors of World War II, the Genocide Convention of 1948 sought to invest the international community in creating legal obligations that “sovereign” states commit to preventing and punishing future genocides. Unfortunately, this has not succeeded. International legal jurisprudence pertaining to identifying and punishing genocide has developed at the International Court of Justice and at other international criminal courts and tribunals. Yet the invocation of the term “genocide” in public, academic, or legal discourse has generally failed to ensure the participation of the international community in stopping a genocide. The United States, for instance, has failed to play the …

The Reception Of International Human Rights Law In Charter Litigation: "Not A Box Of Chocolates" But You Still "Never Know What You're Gonna Get", Karinne Lantz

Articles, Book Chapters, & Popular Press

This article explores the reception of international human rights law(IHRL)in Canada. Focusing on the Charter context, it demonstrates that how IHRL applies in Canada continues to lack clarity despite repeated (and recent) efforts by the Supreme Court of Canada to provide it. This article argues that this lack of clarity is an important matter for the Court to address, particularly as IHRL is increasingly being invoked before courts and other tribunals around the world. It argues that the Court should adopt a methodology that: (i) endorses the “Dickson Doctrine,”according to which the “minimum protection approach”is robustly applied for international human …

Legal Issues Arising From The Military Use Of Ai-Supported Biometrics, Marten Zwanenburg

International Law Studies

Biometrics is increasingly used by armed forces for a variety of purposes, such as access control, the registration of detainees, and increasingly also targeting. The capabilities of biometric systems are considerably strengthened when they are enabled by artificial intelligence (AI). This article analyzes legal questions that are raised by the military use of such AI-supported biometrics. It argues that relevant legal frameworks are International Humanitarian Law, international human rights law, and the right to privacy in particular, as well as data protection law. The article finds that arguably, IHL may require the use of (AI-supported) biometrics in certain situations if …

The Criminal Responsibility Of Russia For War Crimes In The Russo-Ukrainian War, Nicolas R. Obabko

Honors Capstones

This Honors Capstone Thesis serves as an independent research study to verify the authenticity of allegations of Russian war crimes and violations of international humanitarian and criminal law in Russian conduct during the Russo-Ukrainian War. This research study primarily focuses on Russian war crimes and violations of international law that occurred after the beginning of the full-scale war on February 24, 2022, while acknowledging that allegations of similar violations have been occurring since 2014. This Honors Capstone Thesis uses international law sources such as the Geneva Conventions and the Convention on the Prevention and Punishment of the Crime of Genocide …

Not So Firmly Settled: How The Inconsistent Jurisprudence Of The Firm Resettlement Bar Serves As A Tool For Asylum Seeker Exclusion, Caroline V. Garrido

Fordham Law Review

The firm resettlement bar to asylum, designed to limit protections to those without refuge elsewhere, has become a source of inconsistency, confusion, and exclusion in U.S. asylum law. Circuit courts have adopted two different approaches for determining whether an asylum seeker has firmly resettled in a third country. Despite the Board of Immigration Appeals’ attempt to unify these approaches through the introduction of a burden-shifting framework, courts remain divided, and there is no clear guidance on what constitutes firm resettlement. This Note argues that this lack of guidance has led to inconsistent court holdings and interpretations that conflict with the …

2025 Lemkin Award, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide, Elyse Semerdjian

2025–2026 Flyers

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award Ceremony, honoring Raphael Lemkin, the originator of the term genocide and leading advocate of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity, and other gross human rights violations, as well as strategies for prevention. This year’s award winner is Elyse Semerdjian, for her work, Remnants: Embodied Archives of the Armenian Genocide.

2025 Lemkin Award Ceremony, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide, Elyse Semerdjian

2025 Event Invitations

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award Ceremony, honoring Raphael Lemkin, the originator of the term genocide and leading advocate of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity, and other gross human rights violations, as well as strategies for prevention. This year’s award winner is Elyse Semerdjian, for her work, Remnants: Embodied Archives of the Armenian Genocide.

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

Table Of Contents

Seattle University Law Review

Table of Contents

The Roots Of Credit Inequality, Andrea Freeman

Seattle University Law Review

Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud

Theses and Dissertations

The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …

Children’S Rights At The United States-Mexico Border: Is The United States Of America Breaking International Laws?, Avery Anderson

Immigration and Human Rights Law Review

The treatment of migrant children at the United States-Mexico border has become a contentious issue worldwide. International human rights frameworks set certain standards for the treatment of migrant children, and there are growing allegations that the United States has violated international legal obligations due to its inadequate detention conditions. This article argues that while the United States is not explicitly violating international treaties due to specific reservations, its border policies are in direct contradiction with global norms for the humane treatment of children. Through a review of the legal obligations under customary international law and international treaties, this article highlights …

Kabwe’S Crisis: Toxic Lead Waste Poisoning Zambia’S Children, Jasmyn Hardin

Immigration and Human Rights Law Review

Kabwe, Zambia is among the most polluted cities, the result of nearly a century of lead mining and smelting. Despite the mine’s closure in 1994, an estimated 6.4 million tons of lead-contaminated waste continues to expose thousands of children to life-altering—and often irreversible—health consequences. This Article examines the Zambian government’s failure to remediate the environmental harm and protect children’s rights, analyzing both domestic legal obligations and international human rights treaties. It argues that the State’s pursuit of economic gain through continued lead processing has come at the expense of safeguarding the right to health and a healthy environment. Through an …

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato

2025–2026 Flyers

On the anniversary of the UN Declaration on the Rights of Indigenous People (UNDRIP), this discussion address its crucial role in reshaping indigenous rights across Americas.

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato

2025 Event Invitations

Guest Speaker: Fernanda Frizzo Bragato - Professor of Law at the Federal University of Rio Grande do Sul (UFRGS) and a CNPq-funded researcher.

On the anniversary of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), this discussion addresses its crucial role in reshaping Indigenous rights across the Americas. Adopted in 2007, UNDRIP marked a historic shift by affirming Indigenous peoples’ right to self-determination, autonomy, and free, prior, and informed consent (FPIC) — challenging centuries of assimilationist policies. Yet, 17 years later, gaps persist. While UNDRIP inspired regional frameworks like the 2016 OAS Declaration, its promises often clash …

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …