International Humanitarian Law Commons^™

The Click-And-Commit World Order, Melissa (M.J.) Durkee

Scholarship@WashULaw

This essay explores the rise of a new model of global governance: the “click-and-commit world order,” characterized by digitally mediated pledging platforms through which a wide array of actors—states, corporations, cities, NGOs, and individuals—publicly commit to addressing global problems through non-binding promises. In contrast to traditional treaty-making, these pledging platforms offer a decentralized, voluntary framework for international cooperation that relies on public declarations rather than negotiated obligations.

Within the U.N. system, this mode of governance developed within the United Nations Global Compact and the Paris Climate Agreement, where bottom-up pledges were institutionalized within formal and informal international structures. The internet …

Humanitarian Parole To The United States: The Case Of A Gay Man Fleeing Afghanistan, Melanie Shapiro

Dignity: A Journal of Analysis of Exploitation and Violence

This article will discuss my experience as an immigration attorney representing a gay man from Afghanistan fleeing the Taliban. First, it will give an overview of the Taliban’s role in Afghanistan and the Taliban takeover in August 2021. It will then discuss the treatment of lesbian, gay, bisexual, and transgender (LGBT) individuals in Afghanistan. Next, the article will discuss how I became involved in representing individuals fleeing Afghanistan and the humanitarian parole process.

The Dangers Of Terrorist Organizations Using Deepfakes And Ways To Confront, Mohammad Bedeir

Journal of Police and Legal Sciences

Societal reliance on digital data and cyber technology has increased, and an amazing boom in the field of artificial intelligence technologies has occurred in recent years, resulting in the rapid integration of artificial intelligence into daily life, through smart devices and smart cities, and although this has many advantages, as it is used in the entertainment and media industries, it also represents an increasing vulnerability to cyberattacks, which may manifest itself in deepfake attacks.

The researcher relied on the descriptive analytical approach, with the aim of describing the phenomenon under research, studying it from its various dimensions and aspects, and …

Conflict Related Sexual Violence In Ethiopia: An Applied Approach To Prevention, Liya Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Preventing Conflict-Related Sexual Violence In Ethiopia: An Applied Approach Towards Prevention, Leah Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …

The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk

Global Tides

This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …

Interpretative Representation And Justice: The Effects Of Inadequate Translation On The Human Rights Of Migrants In The Justice System In Spain, Danielle E. Libby

Independent Study Project (ISP) Collection

Across the world there is an increasing human rights issue regarding the improper treatment of immigrants in the justice system. Fundamental human rights are protected by Spanish and European Union law, which includes the right to interpretative representation. Adequate interpretation and translation are recognized by many individuals in academia and law as crucial for adequate communication. The right to interpretative representation is essential to address the cross-linguistic and cross-cultural needs of migrants when entering a state that does not standardize their native tongue institutionally. When inadequacies appear with interpretation throughout the justice system, improper communication often occurs, causing issues for …

The Efficacy Of The Legal Infrastructure Of Proportionality In Contemporary Armed Conflicts, Reed Caney

Independent Study Project (ISP) Collection

Proportionally in armed conflict is one of the key principles of international law, playing a crucial role in ensuring that both civilians are protected in armed conflict, but also that a military is able to accomplish its goals. This paper attempts to discern if the international legal infrastructure is well equipped to deal with proportionality in armed conflicts, especially in regard to contemporary armed conflicts. In an attempt to answer this question, this paper explores the existing legal infrastructure, looking at International Humanitarian Law as a moral system and International Criminal Law as the accompanying legal system to see how …

“Genocide Of The Soviet People”: Putin’S Russia Waging Lawfare By Means Of History, 2018–2023, Anton Weiss-Wendt

Genocide Studies and Prevention: An International Journal

This article exposes the political underpinnings of the term “genocide of the Soviet people,” introduced and actively promoted in Russia since 2019. By reclassifying mass crimes committed by the Nazis and their accomplices against the civilian population—specifically Slavic—as genocide, Russian courts effectively engage in adjudication of the history of the Second World War. In the process, genocide trials, ongoing in twenty-five Russian provinces and five occupied Ukrainian territories, present no new evidence or issue new indictments, thus fulfilling none of the objectives of a standard criminal investigation. The wording of the verdicts, and a comprehensive political project put in place …

With Liberty And Justice For All? The U.S. Internment Of Japanese Peruvians During World War Ii, Catherine T. Meisenheimer

Swarthmore Undergraduate History Journal

After the bombing of Pearl Harbor on December 7, 1941, the United States committed to a policy of interning more than 120,000 Japanese Americans. While Japanese American detention remains the most researched instance of wartime internment, the U.S. incarceration of Japanese Peruvians merits equal attention. The political forces behind Japanese Peruvian internment transcended the more common explanations that haunt so much of literature today. Racism and hysteria played their respective roles in this history of wartime internment, but as the war progressed, other reasons for Japanese internment emerged. On January 4, 1942, the Japanese began interning American civilians in the …

Refugee Health In Philadelphia, Marc Altshuler, Md

Academic Commons Workshops and Presentations

No abstract provided.

Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

Key Un Committee Clears Path For Crimes Against Humanity Treaty Negotiations, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

On Friday, Nov. 22, 2024, the United Nations Sixth (Legal) Committee took a pivotal decision to advance toward negotiations on a global treaty regarding the prevention and punishment of crimes against humanity. The move is the latest in a series of discussions that has taken place over the past six years and brings States one step closer to finally closing the nearly 80-year-old gap in international law to comprehensively address these grave crimes.

We have been tracking this process together since 2021 in a Just Security series on the potential draft treaty, and in a recent article we chronicled the …

Justice Delayed Is Justice Denied: Moving Forward With A New Crimes Against Humanity Treaty, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

Eleven years after the International Law Commission (ILC) began considering the topic of crimes against humanity, and nearly 80 years after the London Charter was negotiated in the ashes of World War II, will States finally begin negotiating a new crimes against humanity treaty next year? The answer is not yet clear, although an overwhelming majority of the States expressing themselves last week said “yes.” This essay is a snapshot of the current state of play and is based on our firsthand observation of the plenary debate as well as discussions with State delegates and members of civil society. Negotiations …

A Draft Treaty On Crimes Against Humanity Draws More Engagement From States, Leila Nadya Sadat

Scholarship@WashULaw

The world’s first treaty on crimes against humanity inched closer to reality as the U.N. General Assembly’s Sixth (Legal) Committee recently wrapped up the last of a series of “resumed sessions” before States decide this October whether to proceed to formal negotiations on the document. Significantly more States and regional groups intervened during the most recent session, held last month, than in 2023, and the number that support the draft increased. Representatives of civil society also were present in much higher numbers, issuing a “Joint Statement in Support of Progress toward a Crimes Against Humanity Treaty” from more than 400 …

Organizational Support And Its Impact On Mental Health In Humanitarian Aid Volunteers, Valeria Prudnikova

UNF Graduate Theses and Dissertations

Humanitarian aid volunteers encounter a wide range of stressors, from witnessing horrific events and human suffering to facing organizational challenges and threats to their personal safety. These experiences can have significant and lasting impacts on their mental and emotional well-being. Despite increasing awareness of the psychological toll on aid volunteers, research on effective coping mechanisms and organizational support remains limited, while efforts by organizations that have begun implementing mental health training remain insufficient in providing the comprehensive, long-term support needed to mitigate these effects. This article aims to address the gap by reviewing existing literature on the psychological and emotional …

A Study Of Gender Apartheid: Afghanistan And The Islamic Republic Of Iran, Golazin Safaeimojarad

Dissertations and Theses

This thesis investigates the systemic and institutionalized forms of gender-based discrimination termed gender apartheid, focusing on Afghanistan and the Islamic Republic of Iran. It argues that gender apartheid, a severe form of discrimination where women and girls are subjugated and denied fundamental rights under institutional frameworks, and Afghanistan under Taliban rule and Iran under the Islamic Republic of Iran are two prime cases of gender apartheid. Through a qualitative research approach employing case studies and a comprehensive review of legal documents, academic materials, and reports from reputable organizations, the thesis outlines how gender apartheid is not only a direct product …

Reducing Food Scarcity: The Benefits Of Urban Farming, S.A. Claudell, Emilio Mejia

Journal of Nonprofit Innovation

Urban farming can enhance the lives of communities and help reduce food scarcity. This paper presents a conceptual prototype of an efficient urban farming community that can be scaled for a single apartment building or an entire community across all global geoeconomics regions, including densely populated cities and rural, developing towns and communities. When deployed in coordination with smart crop choices, local farm support, and efficient transportation then the result isn’t just sustainability, but also increasing fresh produce accessibility, optimizing nutritional value, eliminating the use of ‘forever chemicals’, reducing transportation costs, and fostering global environmental benefits.

Imagine Doris, who is …

The 2011 Somalia Famine, Aya Ahmed

The Undergraduate Research Journal

In early 2011, the citizens of Somalia became unable to access basic human necessities such as food and water until the situation changed dramatically, leading to the daily death of thousands of human beings. This research paper tackles the negative consequences resulting from the Al-Shabaab movement, a movement who has the belief that applying the Sharia (Islamic Law) is the only valid solution to any issue as it is supported by the Sunni Islam, political issues, and the delay of the famine’s declaration. This research begs several questions which are: what were the factors which led to Somalia’s famine in …

Prostitution And Pornography: Reforming A Perspective, Mayce Combs

Helm's School of Government Conference - 2021-2024

Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …

Flyer: 2023 Conference, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

Promotional flyer: The University of Dayton Human Rights Center, the Centre for Human Rights of the Faculty of Law, University of Pretoria, and the University of the Free State Centre for Human Rights, South Africa, jointly convene the 2023 Social Practice of Human Rights Conference and the 6th International Conference on the Right to Development, set for Nov. 2-4, 2023.

The call for proposals is now available, and submissions are open through May 8, 2023.

Call For Proposals 2023: The Social Practice Of Human Rights And The And The 6th International Conference On The Right To Development, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

Call for proposals: We welcome contributions that focus on the following sub-themes or any related topic:

• Inclusive development — redistributive models; business and human rights; rights-based economies and financial institutions; global supply chains; inequalities; and Agenda 2030 and the Sustainable Development Goals.
  
  
• Social transformation, movements, and resistance — new forms of civic and cultural engagement, education, and pedagogy; the intersection of theater, art and activism; music, performance, and visual culture; new technologies; resistance to anti-rights movements; and democratic fragility.
  
  
• Climate change and sustainability — climate and environmental justice; ecological disaster; natural resources exploitation; building sustainable futures; corporate interests; and fiscal …

Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans

Undergraduate Honors Theses

This thesis discusses Crimmigration—the convergence of criminal policies and immigration law—in a post-9/11 world as it relates to Latin American Immigrant women seeking asylum in the United States. Utilizing case law, legislation, and legal scholarship, I situate these policies in the broader context of immigration law both nationally and internationally, focusing on key post-9/11 legislation and policies such as Operation Streamline, Operation Liberty Shield, and Title 42, as well as key post-9/11 case law dealing with Latin American women seeking asylum in the United States. With these foundational understandings, I provide possible solutions that would lessen the harms presented to …

The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol

FIU Law Review

My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.

Conferred Jurisdiction And The Icc’S Putin And Lvova-Belova Warrants, Leila Nadya Sadat

Scholarship@WashULaw

The International Criminal Court (ICC)’s arrest warrants against Russian President Vladimir Putin and Commissioner for Children’s Rights Maria Lvova-Belova, accusing them of war crimes allegedly involving the unlawful transfer and deportation of Ukrainian children, have generated extensive discussion, including on Just Security. Are the warrants lawful even though one accused is a sitting head of State, and both are nationals of the Russian Federation, which is not a party to the Rome Statute, and has not consented to the ICC’s jurisdiction? Russia has objected to them, a controversial opinion by an Advisory Committee of Dutch scholars has argued that …

Differences ‘Getting Narrower’ On Proposed Crimes Against Humanity Treaty, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

States considering the International Law Commission’s draft articles for a proposed treaty on crimes against humanity sought to narrow their differences in a weeklong session last month that began an 18-month process of debate and discussion towards the goal — at long last — of negotiations to conclude a treaty on the prevention and punishment of crimes against humanity.

A diverse cross-section of States engaged substantively on a number of issues, and it was clear by the conclusion of the session that positive momentum continues to build. As State representatives and civil-society organizations meet in Ljubljana, Slovenia, to discuss a …

Complexities Of Community Consultation In Chile's Lithium Industry, Isabella R. Whelan

Honors Theses

Echoed by November’s COP27 in Egypt, the climate crisis has become an increasingly pressing and global issue, with the need to move away from fossil fuels more urgent than ever. In attempts to decarbonize the global economy, many countries and companies have turned to electrification –particularly within the transportation sector, one of today’s largest contributors of greenhouse gasses. A crucial component of energy storage and batteries is lithium, now considered a “critical mineral.” Demand for lithium has skyrocketed in recent years and is only expected to continue growing. More than fifty percent of the world’s lithium supply is found within …

Expert Governance Of Online Speech, Brenda Dvoskin

Scholarship@WashULaw

In a world of fundamental disagreements about how social media companies should govern speech, it is striking that nearly everyone agrees that online speech governance should be based on human rights. The human rights project for content moderation proposes that social media platforms align their own internal speech policies with international human rights law (IHRL). It seeks, I argue, a system of expert governance: one in which a corporate technocracy applies a set of exogenous principles imagined as objective and global. Ultimately, this governance model shifts power to experts under the illusion of empowering the people.

To support these claims, …

Continued Positive Momentum On Crimes Against Humanity Treaty, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

As work on the International Law Commission’s (ILC) Draft Articles for a proposed crimes against humanity treaty (CAH Draft Articles) progresses following debate and discussion at the Sixth Committee of the U.N. General Assembly in October, States now have the opportunity to submit comments by Dec. 1. This process follows a two-year timetable laid out in the Nov. 18, 2022, Resolution 77/249 and builds on previous discussions, including the first resumed session, which took place Apr. 10-14, 2023.

This article will briefly update readers on the October session and highlight what might be expected in 2024 and beyond.