International Humanitarian Law Commons^™

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U.S. immigration …

Understanding Modern History Of International Food Law Is Key To Building A More Resilient And Improved Global Food System, Michael T. Roberts

Journal of Food Law & Policy

This article advocates the need for a history of the development of modern international food law and suggests an analytical approach to complement the chronicling of events. Comprehension of this history will help elucidate the evolution of a complicated modern global food system, including its resiliency and vulnerability as demonstrated by Covid-19, thereby providing valuable context for change in the system where needed. This essay makes the case for such a history in three parts. First, it briefly demonstrates the need for a historical perspective through a critical examination of a journal article that speaks to Covid-19 food security in …

Seeking Asylum In A Modern Society: Global Responses To Latin American Migration, Rebecca Dickinson

Senior Honors Projects

The United States is no stranger to asylum seekers and refugees. The most famous seaport in the country houses a 305-foot-tall statue of a woman bearing a torch with words from the poem The New Colossus by Emma Lazarus etched at her feet: “‘Give me your tired, your poor, /Your huddled masses yearning to breathe free.’”^[1] The Statue of Liberty is a symbolic representation of open arms to immigrants from all walks of life. But if everyone is welcome, why do so few actually gain entrance?

US interventionism policies in the 20th century have defined the lives of millions …

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

Call For Proposals 2021: The Social Practice Of Human Rights Conference, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

The global pandemic has rapidly broken down boundaries and structures—from personal to social to institutional. Long-standing practices and norms have changed radically to respond to the current crisis, while some institutional and political dynamics contrary to human rights and democracy have become further entrenched. New pressures on human rights are also heightened by the pandemic, including rights to privacy, access to health, and digital capitalism. This crisis has shown that for human rights, the perils and potentials have increased hand in hand.

The stark upending by the pandemic provides proof-of-concept for the disintegration of silos and the erosion of exclusionary …

Pornography: Social, Emotional And Mental Implications Among Adolescents, William Kelly Canady

National Youth Advocacy & Resilience Conference

This presentation will explain the historical development of pornography. It will highlight four segments: 1- Porn’s impact on brain development of reward pathways, ultimately increasing the appetite for more porn. 2- Porn can be a false substitute for real intimacy, resulting in decreased sexual satisfaction with a real person and increased verbal and physical aggression. 3- Porn promotes sex trafficking, promotes multiple sex partners and reduced STD prevention. 4- A review of interventions available to assist clients in navigating a lifestyle away from pornography.

A Bibliometric Analysis Of Human Trafficking In The Wake Of Natural Disasters, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is based on the bibliometric analysis of research publications that focus on highlighting the interlinkages between natural disasters and human trafficking as its aftermath. The main objectives of the study are to determine the frequency of such publications and also to establish that the problem of trafficking as a result of natural disasters has not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literature written from 2000 to October 2020 were perused. The study consisted of a total of 66 documents which are classified into articles, letters, editorials conference …

Crimes Against Humanity: Little Progress On Treaty As Un Legal Committee Concludes Its Work, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

The United Nations General Assembly’s legal committee again missed the opportunity to take action this year on the draft text of a new treaty on crimes against humanity proposed by the International Law Commission. The failure, in the form of a vote Nov. 18 on a draft resolution that simply took note of the draft articles, leaves a critical gap in the legal architecture for preventing and punishing mass atrocity crimes. The result deprives a range of victims and survivors the effective protection and justice they deserve.

Survivor: An Analysis Of The Term From India, Pravin Patkar

Dignity: A Journal of Analysis of Exploitation and Violence

This article discusses the need for greater conceptual clarity of the term survivor. It raises questions about the propriety of the term to refer to the victims of sex trafficking. It points out that in the Indian context, the term victim is legally and operationally defined. It cautions against the hasty incorporation of the term survivor into public policies addressing the trafficked victims' problems. Different social platforms use the term survivor differently, and the difference is not nominal. The use of the term survivor is both casual as well as intentional. The term survivor trivializes the exploitation and makes invisible …

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …

Human Migration Rates In Relation To Hdi Scores Of States, Amy E. Docter

Honors College Theses

Migration is a human phenomenon impacting various factors of society, politics, and cultures today that will continue to grow in both domestic and international importance. Despite this profound significance, there are numerous challenges for migration with little control of the flow of populations and limited understanding of the changing trends of migration. Historically, migration has been defined by South-to-North movements, with the main motive being economic opportunities with the allure of developed countries, but many articles today have found more South-to-South movements and myriad other factors influencing migratory decisions. By examining net migration population from 2014 and 2015, in conjunction …

Refugee Perspectives On Transitioning From Higher Education In The United States To Life Post-Graduation, Jessica S. Clarkson

Capstone Collection

In 2019, only 3% of refugees had access to higher education. Using qualitative research methods of surveys and semi-structured interviews, this study explores the perspectives of two student affairs professionals and six individuals with formal refugee status granted by the United Nations High Commissioner for Refugees (UNHCR) and in possession of a refugee travel document, who have not yet been resettled and are pursuing higher education in the United States. It focuses on the students’ preparation for and transition to life post-graduation, since UNHCR supposes that pursuing higher education abroad may be a viable ‘complementary pathway’ toward resettlement, self-reliance, and/or …

Human Supremacy As Posthuman Risk, Daniel Estrada

The Journal of Sociotechnical Critique

Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of …

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …

Exploring The Overlap: Women Now’S Feminist Humanitarian Support And The Community Of Practice, Judith Bruce, Aisha Dennis

Poverty, Gender, and Youth

This conversation took place between Judith Bruce, Senior Associate and Policy Analyst of the Population Council, and Aisha Dennis, former Program Director for Women Now for Development. Women Now for Development’s mission is to initiate programs led by Syrian women that protect Syrian women and children across socioeconomic backgrounds and empower women to find their political voice and participate in building a new, peaceful Syria that respects and safeguards equal rights for all its citizens. Aisha’s impressive breadth of expertise includes conflict resolution and the application of international law through strategic litigation, as well as practical experience in supporting Syrian …

North Korean Refugees Along The Route To Freedom: Challenges Of Geopolitics, Deborah Da Sol Jeong

Independent Study Project (ISP) Collection

This Independent Study Project conducts an analysis of the North Korean Refugee Crisis by following the refugees along their escape route from the North Korean regime. By following a common escape route that includes China, Laos, Thailand, and finally, South Korea, this study unpacks the geopolitical factors and diplomatic relations that hinder and improve the progress of these refugees. Afterward, this study analyzes the resettlement process that North Korean refugees undergo in South Korea and the challenges that remain even after gaining South Korean citizenship. Finally, this project concludes by suggesting that the international community actively endeavor to establish a …

Ensuring Accountability To Affected Populations In Humanitarian Settings: "Holding Humanitarian Organizations Accountable To People.", Jazmin Williamson

Independent Study Project (ISP) Collection

Aim: This research aims to examine what guidelines and regulations help ensure that humanitarian organizations are held accountable to their beneficiary populations.

Background: Although people have always been the focus of humanitarian aid, their voice and participation didn't become a centralized part of the conversation until the 1990s and later gained real traction in the early 2000s. During these times, many new foundational documents were created to highlight the "centrality of local participation in aid." Among the documents that enshrined this new principle of population participation included the 1992 Code of Conduct for the International Red Cross and Red Crescent …

Tramitación Social Después Del Trauma Colectivo: Un Análisis De Las Respuestas Colectivas En Torno El Trabajo De Las Abuelas De Plaza De Mayo De Argentina Después De La Última Dictadura Cívico-Militar / Social Processing After Collective Trauma: An Analysis Of The Collective Responses Around The Work Of Argentina’S Abuelas De Plaza De Mayo After The Most Recent Civic-Military Dictatorship, Sarah Horwitz

Independent Study Project (ISP) Collection

Este ensayo investiga las respuestas colectivas al trabajo de las Abuelas de Plaza de Mayo en la Argentina. Las Abuelas son un grupo de mujeres con hijos y nietos que fueron desaparecidos sistemáticamente junto con 30.000 personas durante la última dictadura cívicomilitar de 1976 a 1983. En 1977, las Abuelas de Plaza de Mayo se juntaron para encontrar a sus nietos y nietas, muchos de los cuales habían sido entregados a familias cercanas a la dictadura. Aunque al día de hoy han recuperado más de 100 nietos y nietas, todavía falta más de 300. Esta investigación utiliza entrevistas personales y …

Hernández V. Mesa And Police Liability For Youth Homicides Before And After The Death Of Michael Brown, Delores Jones-Brown, Joshua Ruffin, Kwan-Lamar Blount-Hill, Akiv Dawson, Cicely J. Cottrell

Sociology & Criminal Justice Faculty Publications

In a five-to-four decision announced in February of 2020, the United States Supreme Court ruled that the parents of an unarmed fifteen-year-old Mexican national killed by a U.S. Border Patrol agent in a cross-border shooting, cannot sue for damages in U.S. civil court. Here, we critique the majority and dissenting opinions and attempt to reconcile the strikingly different approach each used to resolve the case. Using a publicly available data set, we examine the homicide in Hernández v. Mesa, against the circumstances and context in which underage youth were killed by police within the United States over a five year …

Refugee Resettlement In The U.S.: The Hidden Realities Of The U.S. Refugee Integration Process, Bienvenue Konsimbo

Master of Science in Conflict Management Final Projects

From the 1946 to the 1980 Act, more than two million refugees have resettled in the U.S. (Eby, Iverson, Smyers, & Kekic, 2011p.). This has made the U.S. the largest of the 10 resettlement countries (Xu, 2007, p. 38). The U.S. department of state (DOS)’ hope is to give “the refugee a leg up on their journey to self-sufficiency” (Darrow, 2015, p. 92). For these millions of refugees, their expectations are to find “employment, education, to provide a better environment for their children, and to integrate into the community” (Xu, 2007p.38).

However, this pre-package deal is not without repercussions or …

Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti

International Review of Humanities Studies

This study analyzes the term of address ustad in Indonesian culture. Indonesia’s religious-themed movies may represent the use of the term of address ustad in daily conversation. In particular, this study aims to describe the patterns of form, the patterns of use, and the social values of the term of address ustad in film utterances. The data of the term of address ustad and its contexts are collected from the utterances in Indonesia’s four Islamic-themed movies. This descriptive qualitative study uses sociopragmatics approach in identifying the functions of the term of address in film discourse. The context of the utterances …

The Role Of Local Communities In Preventing And Countering Violent Extremism (P/Cve) In Jordan, Anna Fraher Klingensmith

Independent Study Project (ISP) Collection

Bordering Syria, Iraq, Saudi Arabia, and Israel/Palestine, with Lebanon not too far away, Jordan’s location makes it at high risk for violent extremism. Although Jordan is considered one of the safest countries in the Middle East and North Africa (MENA) region, the country is known for having one of the highest numbers of foreign fighters in the world, and for being the homeland of the father of ISIS (Abu Musab al-Zarqawi). Also worrisome is the increasing number of desperate people turning to extremist ideologies due to the country’s economic crisis and lack of opportunities for political engagement. Jordan could be …

Not-So-Decriminalized: Consequences Of Intersectional Identity For Migrant Sex Workers In Switzerland, Teagan Langseth-Depaolis

Independent Study Project (ISP) Collection

Sex work in Switzerland, which was decriminalized long ago, has been regarded as one of the most liberal systems of sex work in the world. However, this reputation is contested when factoring in the interaction between immigration and sex work policies. Migrant sex workers in Switzerland are put at a precarious intersection of decriminalized sex industry and restrictive migration policy and attitudes, and are not addressed or protected from violations of the law or violations of their human rights. Using databases containing Swiss legislation, I will critically examine the intersectional effects of migration policy and the treatment of migrants on …

Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather

St. Mary's Law Journal

Abstract forthcoming

Lived Experiences Of Temporary Permanence: The Syrian Perspective On Humanitarian Response And ‘Guest Status’ In Jordan, Leila A. Ismaio

Independent Study Project (ISP) Collection

As the conflict in Syria has evolved into a long-term crisis, Syrian refugees have found themselves in a state of both temporality and permanence, frequently cited as being ‘stuck’. Syrians in Jordan, particularly, have fallen victim to this status, frequently labeled as ‘guests’, with corresponding humanitarian aid also reflecting this temporality. No studies have yet explored Syrian refugees perceptions and experiences with ‘guest’ status and its relationship with humanitarian assistance. The purpose of this study is to explore Syrian perception of ‘guest’ status and current humanitarian efforts in Jordan and see how this demonstrates and challenges the dichotomy present in …

Logistic And Structural Considerations For The Use Of Psychological First Aid In Humanitarian Emergencies, Taylor Johnson

Independent Study Project (ISP) Collection

Following the IASC recommendations for implementation of psychological first aid (PFA) in 2007, providing PFA in humanitarian emergencies as a method of psychosocial support has become one of the standard interventions in the wake of crises. However, the impact of PFA on future mental health outcomes remains largely unstudied and many structural and logistic factors (e.g. training of PFA providers, reviewing evidence to inform practice, and policy considerations) must be managed in order to ensure appropriate, high-quality PFA in humanitarian emergencies. This research aims to synthesize both primary interview data and the existing literature surrounding PFA in humanitarian emergencies to …

Checking A Box Or Creating Change? Examining The Overall State Of Gender Mainstreaming In Humanitarian Action, Jenna Thoretz

Independent Study Project (ISP) Collection

Humanitarian organizations provide aid and assistance to millions of individuals impacted by natural disasters and armed conflict every day. However, not all individuals are equally impacted by humanitarian crises. Since the 1995 Beijing Conference on Women introduced the term ‘gender mainstreaming’, humanitarian organizations have recognized and taken steps to address gender specific needs in crisis situations.

While there is an abundance of research concerning these gender specific needs, there is little research on the overall state of gender mainstreaming in humanitarian policy. This paper seeks to fill this gap by examining gender mainstreaming in the humanitarian community through some of …

Film Review: The Uncondemned, Jessica M. Adach

Genocide Studies and Prevention: An International Journal

Film Review of The Uncondemned