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International Humanitarian Law Commons

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Articles 2191 - 2220 of 2487

Full-Text Articles in International Humanitarian Law

Fora Available For Palestinian Refugee Restitution, Compensation And Related Claims, Susan M. Akram Feb 2000

Fora Available For Palestinian Refugee Restitution, Compensation And Related Claims, Susan M. Akram

Faculty Scholarship

This summary focuses on where Palestinian refugees can bring individual restitution and compensation claims. It does not discuss fora where claims for realizing the right of return might be made, although such claims will be mentioned as appropriate in the context of the discussions of restitution/compensation fora. Palestinian refugees do not at present have any forum immediately available in which they can file individual claims for restitution and/or compensation for losses sustained as a result of their expulsion from their lands and homes in 1948. The forum in which such claims would ordinarily be made is the place where the …


Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor Jan 2000

Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor

International Bulletin of Political Psychology

This article discusses Kofi Annan's apology for the United Nations' failure to intervene in the atrocities in Bosnia and Rwanda.


Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram Jan 2000

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …


International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …


Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl Jan 2000

Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl

Scholarly Articles

Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …


Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe Jan 2000

Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe

Michigan Journal of International Law

This Article applies these principles of discrimination to the real, rather than idealized, use and characteristics of cluster bombs. Briefly stated, these principles call upon parties to an armed conflict to distinguish between civilians and combatants and to weigh the military advantages of a particular weapon or type of attack against the harm it will do to civilians and civilian objects. This Article also considers briefly the global problem of cluster munitions and examines fundamental components of the discrimination principle as they apply to cluster bombs. As three specific case studies, it analyzes the use of cluster bombs by breakaway …


The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll Jan 2000

The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll

UIC Law Open Access Faculty Scholarship

No abstract provided.


Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl Jan 2000

Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

In the 1994 Rwandan genocide 800,000 people were massacred. The victims were overwhelmingly of the minority Tutsi ethnic group and the aggressors of the majority Hutu group. At present, 125,000 Hutu prisoners remain incarcerated while awaiting trial on genocide-related charges. This article argues that these trials, and the extensive incapacitation that necessarily precedes them, may do little to promote justice, regime legitimacy, or national reconciliation in Rwanda. This, in turn, raises broader questions about the role of criminal punishment and sentencing in situations of mass violence. Criminality usually attaches to deviant conduct. Mass political violence -- from Nazi Germany to …


The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell Jan 2000

The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell

Notre Dame Lawyers Connect

NATO's decision on 13 October 1998 to use force in Yugoslavia and its subsequent use of force beginning on 24 March 1999 were inconsistent with both the explicit terms of the United Nations Charter and Security Council practice. Most of NATO's member states have argued that the situation was exceptional and should have no bearing on the future need for Security Council authorization. Not so the United States; US officials have not spoken of an exception. Several high-ranking officials of the Clinton Administration have stated that they do not recognize the necessity for Security Council authorization when NATO takes enforcement …


Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl Jan 2000

Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl

Scholarly Articles

The creation of the International Criminal Court (ICC) enables the international community to hold accountable those who inflict violence in the form of sexual and ethnic hatred. Drawing on case studies from Rwanda and Bosnia, the author observes the extent to which retributive criminal justice can deter offenders and foster structural societal change.


The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson Jan 2000

The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Efficacy Of Strasbourg Law, Mark Weston Janis Jan 2000

The Efficacy Of Strasbourg Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


The European Human Rights System As A System Of Law, Richard Kay Jan 2000

The European Human Rights System As A System Of Law, Richard Kay

Faculty Articles and Papers

No abstract provided.


The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone Jan 2000

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.


Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes Jan 2000

Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher Jan 2000

Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher

Research Reports & White Papers

A report on the situation of Roma and Sinti in the OSCE area with regard to discrimination and racial violence, education, living conditions and political participation. The Report on the Situation of Roma and Sinti in the OSCE Area contains detailed information on discrimination and racial violence, education, living conditions and political participation. It also includes recommendations on these issues. Publisher: Organization for Security and Co-operation in Europe available at https://www.osce.org/hcnm/32350


The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell Jan 2000

The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell

Journal Articles

NATO's decision on 13 October 1998 to use force in Yugoslavia and its subsequent use of force beginning on 24 March 1999 were inconsistent with both the explicit terms of the United Nations Charter and Security Council practice. Most of NATO's member states have argued that the situation was exceptional and should have no bearing on the future need for Security Council authorization. Not so the United States; US officials have not spoken of an exception. Several high-ranking officials of the Clinton Administration have stated that they do not recognize the necessity for Security Council authorization when NATO takes enforcement …


Chapter Ix: Conventional Weapons And Weapons Systems Jun 1999

Chapter Ix: Conventional Weapons And Weapons Systems

International Law Studies

No abstract provided.


Chapter Viii: The Law Of Targeting Jun 1999

Chapter Viii: The Law Of Targeting

International Law Studies

No abstract provided.


Chapter Vi: Adherence And Enforcement Jun 1999

Chapter Vi: Adherence And Enforcement

International Law Studies

No abstract provided.


Preface (Volume 73) Jun 1999

Preface (Volume 73)

International Law Studies

No abstract provided.


Full Volume 73: The Commander's Handbook On The Law Of Naval Operations Jun 1999

Full Volume 73: The Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.


Chapter X: Nuclear, Chemical, And Biological Weapons Jun 1999

Chapter X: Nuclear, Chemical, And Biological Weapons

International Law Studies

No abstract provided.


Chapter V: Principles And Sources Of The Law Of Armed Conflict Jun 1999

Chapter V: Principles And Sources Of The Law Of Armed Conflict

International Law Studies

No abstract provided.


Index (Volume 73) Jun 1999

Index (Volume 73)

International Law Studies

No abstract provided.


Chapter Xi: Noncombatant Persons Jun 1999

Chapter Xi: Noncombatant Persons

International Law Studies

No abstract provided.


Chapter Xii: Deception During Armed Conflict Jun 1999

Chapter Xii: Deception During Armed Conflict

International Law Studies

No abstract provided.


War Crimes And The Limits Of Legalism, Gary Jonathan Bass May 1999

War Crimes And The Limits Of Legalism, Gary Jonathan Bass

Michigan Law Review

In April 1945, Sir John Simon, Britain's Lord Chancellor, drew up a memorandum that was the last gasp in the diplomatic struggle against Nuremberg. Under American pressure, and despite British objections, the Allies were poised to agree to put the Axis leadership on trial for war crimes. In the kind of magnificent understatement that the British government could sometimes inadvertently achieve, it was entitled "The Argument for Summary Process against Hitler & Co." The memorandum was a series of arguments to be used by the British delegation at the San Francisco conference in a last-ditch effort to win over the …


Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies Jan 1999

Global Trends In Privacy Protection: An International Survey Of Privacy, Data Protection, And Surveillance Laws And Developments, 18 J. Marshall J. Computer & Info. L. 1 (1999), David Banisar, Simon Davies

UIC John Marshall Journal of Information Technology & Privacy Law

The right to privacy is one of the most fundamental rights recognized. References to privacy date back to ancient Greece and China. Rapid advances in information technology and high-speed data networks have had an enormous impact on privacy. Today, personal medical and financial information can easily be transmitted with and without the one knowing. Can privacy law keep up with these changes and challenges? Privacy advocates are concerned. Nearly every country in the world has some form of privacy provision in its constitution. However, the definition of privacy differs from context and environment. The authors chronicle the status of privacy …


Critical Race Theory As International Human Rights Law, Natsu Taylor Saito Jan 1999

Critical Race Theory As International Human Rights Law, Natsu Taylor Saito

Faculty Publications By Year

No abstract provided.