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International Humanitarian Law Commons™
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Articles 91 - 120 of 204
Full-Text Articles in International Humanitarian Law
Broken, Beaten, And Starved: Attacking Water Resources As Objects Indispensable To The Survival Of A Civilian Population In Yemen’S Internal Armed Conflict, Meagan Desimone
American University International Law Review
No abstract provided.
No Child Should Feel Left Behind: The Illegality Of Orphanage Voluntourism Under Article 19 Of The United Nations Convention Of The Rights Of A Child, Lily Baron
American University International Law Review
No abstract provided.
Going Off The Rails On The Mayan Train: How Amlo’S Development Project Is On A Fast Track To Multiple Violations Of Indigenous Rights, Jared Green
American University International Law Review
No abstract provided.
Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee
Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee
American University International Law Review
No abstract provided.
The Challenge Of Covid-19 And The World Health Organization’S Response: The Principal-Agent Model Revisited, Miron Mushkat, Roda Mushkat
The Challenge Of Covid-19 And The World Health Organization’S Response: The Principal-Agent Model Revisited, Miron Mushkat, Roda Mushkat
American University International Law Review
No abstract provided.
The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller
The Failure To Grapple With Racial Capitalism In European Constitutionalism, Jeffrey Miller
Scholarly Articles in Law Reviews & Journals
Since the 1980s prominent scholars of European legal integration have used the example of U.S. constitutionalism to promote a federal vision for the European Community. These scholars, drawing lessons from developments across the Atlantic, concluded that the U.S. Supreme Court had played a key role in fostering national integration and market liberalization. They foresaw the possibility for the European Court of Justice (ECJ) to be a catalyst for a similar federal and constitutional outcome in Europe. The present contribution argues that the scholars who constructed today’s dominant European constitutional paradigm underemphasized key aspects of the U.S. constitutional experience, including judgments …
Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher
Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
Every international and hybrid war crimes court has attracted a measure of controversy, but none more than the Extraordinary Chambers in the Courts of Cambodia (ECCC). While myriad aspects of the ECCC’s record are crucial to its legacy, this article explores one question of overarching importance: whether its performance has justified a key risk the UN assumed when it agreed to support the court — that case selection would be improperly influenced by the Cambodian government. More particularly, it assesses the ECCC’s performance in light of two questions: How well have safeguards against political interference worked? Are survivors of Khmer …
Prologue, Claudio Grossman, Robert Goldman
Prologue, Claudio Grossman, Robert Goldman
American University International Law Review
No abstract provided.
Lecture: Challenges To The Protection Of Human Rights Today, Michelle Bachelet
Lecture: Challenges To The Protection Of Human Rights Today, Michelle Bachelet
American University International Law Review
No abstract provided.
The Changing Landscape Of International Law, Claudio Grossman
The Changing Landscape Of International Law, Claudio Grossman
Contributions to Books
No abstract provided.
Child-Friendly Justice Behind Bars: A Comparative Analysis Of The Protection Mechanisms Of The Rights Of Arrested Children In The Practice Of The Working Group On Arbitrary Detention And Of The European And Inter-American Courts Of Human Rights, Áquila Mazzinghy
American University International Law Review
No abstract provided.
Sovereign Exception No More: The Impact Of Israel's Potential Annexation Of The Jordan River Valley On Israel's Obligations Under The International Covenant On Civil And Political Rights, Dana Busgang
American University Law Review
On July 1, 2020, the international community released a collective breath as embattled Israeli Prime Minister Benjamin Netanyahu announced a temporary halt to his election promise to formally annex (or, in his words, apply sovereignty to) the occupied Jordan River Valley. Just forty-three days later, a victorious Netanyahu announced that as part of a peace accord with the United Arab Emirates, he agreed to drop his annexation plans. While Israel’s flirtation with official annexation appears to be over for the moment, the momentum gained over the last two years is unlikely to disappear. Further, many, including Palestinians, argue that Israel’s …
Memories Of Judgment: Constructing The Icty's Legacies, Diane Orentlicher
Memories Of Judgment: Constructing The Icty's Legacies, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
As the title of this symposium reflects, a critically important dimension of the Tribunal's legacy is its role in understanding the war and genocide in Bosnia. In my remarks, I want to drill down on the word "understanding," one of the most complex facets of the ICTY's legacy. In brief, I will make four points. The first is that the ICTY's expected contribution to understanding the 1990s conflict in Bosnia and the atrocities associated with that conflict was deeply important to many individuals whom I have interviewed in Bosnia-Herzegovina, as well as in Serbia, about the ICTY's impact in their …
Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto
Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto
Scholarly Articles in Law Reviews & Journals
Despite persistent impunity for conflict-related sexual violence, there have been a limited number of significant cases holding perpetrators accountable within national justice systems. One of these cases is the Sepur Zarco case, in which two former military members were accused of committing acts of sexual violence, sexual slavery and domestic slavery near a military outpost in Sepur Zarco during the civil war in Guatemala. In a landmark verdict issued in February 2016, a Guatemalan court convicted the two accused, marking the first time a Guatemalan court has convicted former military members for acts of sexual violence committed in the context …
Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams
Lawyering Peace: Infusing Accountability Into The Peace Negotiations Process, Paul Williams
Scholarly Articles in Law Reviews & Journals
On August 28, 2019, Dr. Paul R. Williams delivered the Bruce J. Klatsky Endowed Lecture on Human Rights at Case Western Reserve University School of Law. This article, based on his lecture, examines how justice has repeatedly found a foothold in peace processes, and how the international community can continue to work towards embedding accountability into peace processes to achieve durable peace. This article traces the arc of accountability in peace processes, from an era of impunity and a period of stepping stones moments, to today’s uncertain moment for post-conflict accountability and justice mechanisms. The author argues that comprehensive transitional …
Documentation For Accountability, Paul Williams, Jessica Levy
Documentation For Accountability, Paul Williams, Jessica Levy
Scholarly Articles in Law Reviews & Journals
The cost of armed conflict is borne not only in the stark number of lives lost, but also in the grave atrocity crimes committed during these periods. Despite the legal protections set forth in the Geneva Conventions and other foundational documents of international humanitarian law, perpetrators continue to commit crimes against humanity, war crimes and genocide. Documenting these atrocity crimes has become a crucial step in efforts to secure justice for victims and survivors of these atrocities. To support the expanding field of human rights documentation, the international community must redouble its efforts to ensure that civil society actors engaged …
Inter-American Commission On Human Rights' Observer At The Amia Bombing Trial, Claudio Grossman
Inter-American Commission On Human Rights' Observer At The Amia Bombing Trial, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Sexual Exploitation And Abuse In Conflict: An International Crime?, Clare Brown
Sexual Exploitation And Abuse In Conflict: An International Crime?, Clare Brown
American University International Law Review
No abstract provided.
The United Nations Human Rights Council: Is The United States Right To Leave This Club?, Sarah Joseph, Eleanor Jenkin
The United Nations Human Rights Council: Is The United States Right To Leave This Club?, Sarah Joseph, Eleanor Jenkin
American University International Law Review
No abstract provided.
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Atrocity Prevention In The New Media Landscape, Rebecca Hamilton
Atrocity Prevention In The New Media Landscape, Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
Journalists have traditionally played a crucial role in building public pressure on government officials to uphold their legal obligations under the 1948 UN Convention on the Prevention and Punishment of Genocide. But over the past twenty years there has been radical change in the media landscape: foreign bureaus have been shuttered, young freelance journalists have taken over some of the work traditionally done by experienced foreign correspondents, and, more recently, the advent of social media has enabled people in conflict-affected areas to tell their own stories to the world. This essay assesses the impact of these changes on atrocity prevention …
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
Scholarly Articles in Law Reviews & Journals
On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …
October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton
October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha
Defining Detention: The Intervention Of The European Court Of Human Rights In The Detention Of Involuntary Migrants, Anita Sinha
Scholarly Articles in Law Reviews & Journals
This Article examines the European Court of Human Rights' intervention in the detention of involuntary migrants. It analyzes the use of "carceral migration control" in response to a migration "crisis," and argues that the actual crisis in the region is one of politics and policies rather than the magnitude of migration. It explores the consequences of a crisis moniker for migration, including shortsighted migration policies, entrenched caricatures of migrants as threatening, and excessive emphasis on punitive rather than humanitarian responses. Responding to migration as a crisis has led states in Europe and elsewhere to shift the movement of people across …
Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster
Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Dominic Ongwen And The Rotten Social Background Defense: The Criminal Culpability Of Child Soldiers Turned War Criminals, Raphael Lorenzo Aguiling Pangalangan
Dominic Ongwen And The Rotten Social Background Defense: The Criminal Culpability Of Child Soldiers Turned War Criminals, Raphael Lorenzo Aguiling Pangalangan
American University International Law Review
No abstract provided.
What If Goliath Killed David? The Coalition To Counter Isis And The Status And Responsibility Of Isis' Child Soldiers, Samantha Bradley
What If Goliath Killed David? The Coalition To Counter Isis And The Status And Responsibility Of Isis' Child Soldiers, Samantha Bradley
American University International Law Review
No abstract provided.
Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict, Ogunnaike O. Taiwo
Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict, Ogunnaike O. Taiwo
American University International Law Review
No abstract provided.
La Agresión Como Punto De Contacto Entre El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Luciano Pezzano
La Agresión Como Punto De Contacto Entre El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Luciano Pezzano
American University International Law Review
No abstract provided.
Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen
Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen
Scholarly Articles in Law Reviews & Journals
The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …