International Humanitarian Law Commons^™

Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

Female Genital Cutting In American Foreign Policy – Proposal For Harm Reduction, Charlotte Racine

Bates College Journal of Political Studies

Female Genital Cutting/Mutilation (FGC/M) has gained international attention as an issue of human rights and violence against women and girls. The United States, as a leading world power, has openly opposed its practice and actively condemns it in communities and countries of the Global South, yet it fails to oppose or condemn as staunchly identical procedures within its borders. The simultaneous condemnation of FGC when it occurs in “undeveloped” countries and acceptance of American procedures like cosmetic genital modification surgeries, male circumcision, and “corrective” surgeries on intersex infants produces a narrative of cultural superiority and imperialism that harms the international …

What Bombs Cannot Occupy: Memory, Heritage, And War In Ukraine, Dalton D. Conden

The Penguin Review

Air-raid sirens have become part of the daily soundscape in Ukrainian cities. They interrupt meals, classes, conversations, and sleep. When they blare, people gather what they can and move quickly sometimes to shelters, sometimes to basements, sometimes nowhere at all. Families lock their doors without knowing whether they will ever turn the key again. Children carry backpacks filled with whatever seemed important in the moment: a photograph, a stuffed animal, a book pulled hastily from a shelf. Around them, buildings that once anchored everyday life—churches, museums, historic neighborhoods— have been damaged or destroyed.

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 …

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 …

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

The Dialogue

No abstract provided.

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan

Human Rights Brief

I. Introduction

For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …

Stability And Accountability In Nagorno-Karabakh And The Armenia-Azerbaijan Conflict, Callum Heath

Human Rights Brief

I. Introduction

On August 8, 2025, President Ilham Aliyev of Azerbaijan and Prime Minister Nikol Pashinyan of Armenia were hosted at the White House by U.S. President Donald Trump to announce the Agreement on Establishment of Peace and Inter-State Relations (the Agreement) in a Joint Declaration. The Agreement sets out to end the decades-long conflict between Azerbaijan and Armenia over the Armenian ethnic enclave of Nagorno-Karabakh within Azerbaijan, and the Azerbaijani exclave of Nakhchivan, which is separated from the rest of Azerbaijan by Armenia. While the White House hails the Agreement as a “historic peace deal,” the reality is more …

“Durable Solutions” Revisited: Italy’S Train-To-Hire Pathway Under The Cutro Decree As Alternative Refugee Protection, Tim Streit

Human Rights Brief

I. Introduction

If the average person were asked to imagine a refugee, they might conjure the image of a migrant fleeing war or persecution, showing up at the border of a new country with a few belongings in hand, and asking not to be sent back to the dangerous place from which they came. In fact, it is not only the hypothetical “average person” who pictures this scenario. The international refugee protection system, developed after World War II through the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol Relating to the Status of Refugees …

Migration In Context And Law: Global Displacement And The U.S. Immigration System, Saya Khandar, Dominic Brunaccioni, Samantha Johnson, Nisa Manzar, Lindsey Nye, Alexis Stephens, Sherise Tracey

Human Rights Brief

On February 20, 2026, the Human Rights Brief at American University Washington College of Law (WCL) held its annual symposium, titled “Migration in Context and Law: Global Displacement and the U.S. Immigration System.” This symposium was curated in response to intensified immigration operations across the United States (U.S.), which have resulted in significant harm to individuals and families nationwide. The discussion centered on the humanity of immigration and explored how global displacement, armed conflict, economic instability, and climate change continue to shape migration. Organizers brought together legal scholars, practitioners, and advocates to examine current immigration policies in the context of …

Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy

Peace and Conflict Studies

Wartime sexual violence (WSV) has been a characteristic of violent conflict throughout recorded history, yet has failed to illicit the same international attention and condemnation as other war crimes. WSV has also been a particularly pervasive method of destruction during genocide, in which women make up the majority of victims and are targeted for both their gender and group membership. However, sexual violence is not enumerated as a crime of genocide in the 1948 Genocide Convention. Despite its absence from the formal genocide convention, legal institutions have still attempted to hold perpetrators responsible for sexual violence during genocide. This paper …

Healing Through Acknowledgment: The Role Of Naturalistic Restorative Justice And Twentieth Century Genocide Recovery, Julia R. Swirbalus

The Graduate Review

This article defines and explores the application of restorative justice principles in the context of twentieth century genocide acknowledgments. The genocides used as case studies in this article include the Holocaust, Cambodian genocide, and Rwandan genocide. This article examines how survivors have utilized restorative practices to facilitate healing, the importance of historical site preservation, and governments acknowledging their wrongdoings. The importance of acknowledgment and making amends to facilitate healing is highlighted throughout the article. The findings underscore the complexity of applying restorative justice to genocide and the necessity of proper acknowledgment for true reconciliation and healing to occur. This article …

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 …

Arts & Literature: The Destruction Of Smyrna In 1922: A Conversation With Petros Pourliakas, Author Of Salty Silk, Petros Pourliakas

Genocide Studies and Prevention: An International Journal

In 1922, the once-cosmopolitan city of Smyrna—modern-day Izmir—was engulfed in flames, marking the end of a centuries-long Hellenic presence in Asia Minor. The catastrophe, which followed the Greco-Turkish War and occurred amidst the collapse of the Ottoman Empire, resulted in the deaths of tens of thousands and the displacement of hundreds of thousands more. In his 2022 book Salty Silk, Greek author Petros Pourliakas recounts the tragedy, focusing on the humanitarian heroism that emerged in the midst of horror. I spoke with Pourliakas about his research, the moral complexities of recounting a national trauma, and the legacy of a …

An Exhibition And Protest Of Executions In Iran, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

An exhibition and protest of executions in Iran was held in Washington, D.C. in June 2025. Portraits of 2000 men and women who were killed or executed in Iran since the 1980s were displayed on the National Mall in front of the Capitol. The Iranian Resistance estimates that 30,000 activists were massacred in one period in 1988. Executions of prisoners have continued steadily, making Iran the world’s leading executioner of men and women. In recent years, there has been a sharp escalation in the number of executions of prisoners. A United Nations Special Rapporteur reported that over 800 persons were …

A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali

Theses and Dissertations

This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …

The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid

Theses and Dissertations

The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …

The Effectiveness Of International Courts In Contributing To Rebuilding And Resolving Conflicts In Societies Post-Genocide, Garrett Connely

Theses/Capstones/Creative Projects

In the aftermath of mass atrocities, international courts have emerged as key mechanisms for delivering justice and fostering post-conflict reconciliation. Rooted in the precedent set by the Nuremberg Trials after World War II, these institutions aim to prosecute crimes that often go beyond national legal systems. However, their effectiveness remains contested, largely due to their dependence on state cooperation and the complexity of post-conflict environments. This project examines the societal impact of international courts in two significant cases – Rwanda and the former Yugoslavia. Through a comparative analysis of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal …

Contracted Wars, Compromised Oversight: Private Military Companies In Iraq, Afghanistan, And The Decline Of U.S. Accountability Standards, Brianna N. Buzzell

International Studies (MA) Theses

The Global War on Terror, beginning in 2001, started U.S. military operations in Iraq and Afghanistan, facilitating the expansion of Private Military Contractors (PMCs) through a combination of operational necessity, strategic policy decisions, and systemic oversight failures. Despite their growing role, PMCs operate in legal and oversight grey zones. Despite a growing body of work on PMC accountability, there remains little agreement on how U.S. military interventions created conditions for their proliferation. This paper examines how U.S. military operations in Iraq and Afghanistan facilitated the expansion of PMC influence, resulting in reduced oversight and accountability for both the U.S. government …

Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada

Indonesian Journal of International Law

After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the …

Round Table (Part 3) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Andrew Woolford

Genocide Studies and Prevention: An International Journal

No abstract provided.

Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann

Scholarly Works

Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …

Response To A Political Critique And Personal Attack Against A United Nations Report That Presented New Evidence About Prostitution As A Cause And Consequence Of Violence Against Women And Girls, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, the United Nations Special Rapporteur on the Elimination of Violence Against Women and Girls, Its Causes and Consequences, responses to the false and unfounded accusations and personal attacks on her Report on Prostitution and Violence Against Women presented before the 56^th session of the United Nations Human Rights Council in Geneva, 2024. I presented new evidence regarding the relationship between violence against women and girls and prostitution. Using human rights law, the Report described how prostitution is a system of abuse, exploitation, and violence against women and girls. The Report’s goal was to clarify concepts and terminology, …

Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh

Northwestern University Law Review

There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …

Beyond The Threshold Of Protection: Examining Non-Refoulement's Erosion In Contemporary Refugee Law Through The Eu-Turkey Agreement, Aya Osman

Dissertations and Theses

This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration …

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

An Analysis Of The Russo-Ukrainian War, Daniel Braslavsky

Dissertations and Theses

This thesis is a deep analysis of Russia’s aggression against and full-scale invasion of Ukraine, commonly referred to as the Russo-Ukrainian War. This is the largest conflict in Europe since WWII with devastating implications for Europe and the world. First it examines the root causes and political ideologies at play to understand why Vladimir Putin decided to launch his invasion in the first place. Then it puts together a chronological history of the war broken up into the post-Euromaidan period including the Russian annexation of Crimea and war in the Donbas (2014-22), and Russia’s full-scale invasion (2022-present). Next it reviews …

The Inextricable Link Between Gendered Security And State Stability: Strategic Costs Of U.S. Humanitarian Retrenchment, Kirby Eh Kimball

CMC Senior Theses

This thesis examines the strategic consequences of the 2025 U.S. foreign aid freeze on gendered security in conflict-affected states, focusing on Sudan, Syria, and Ukraine. It argues that gendered security—the protection, empowerment, and rights of women and girls—is not a peripheral humanitarian concern but a foundational determinant of state stability, development, and democratic resilience. Through a qualitative comparative case study methodology, the research synthesizes empirical literature, United Nations reports, human rights documentation, and cross-national statistical analyses to demonstrate how the collapse of gender-focused humanitarian programs following the aid freeze will critically exacerbate conflict-related sexual violence (CRSV), weaken state institutions, and …

It’S Not Too Late For States Parties To Fulfill The Promise Of The International Criminal Court: Three Actions They Should Take Now, Leila Nadya Sadat

Scholarship@WashULaw

What to do about a world in which atrocity crimes appear to be occurring with increasing and alarming frequency? Wars are prosecuted using scorched earth tactics that involve the commission of war crimes and crimes against humanity, credible allegations of genocide have been leveled at States in several corners of the globe, and acts and wars of aggression, which will be the subject of discussion at the upcoming International Criminal Court (ICC) Review in July, are on the rise.

The United Nations and other international institutions seem powerless to prevent or contain the violence, and the ICC, which was created …