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International Humanitarian Law Commons™
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Articles 211 - 240 of 365
Full-Text Articles in International Humanitarian Law
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.
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon
Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2019 Human Rights Essay Award competition. A third winning essay will be included in Volume 35, Issue 3. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
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.
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
American University International Law Review
No abstract provided.
Violencia De Género, Internet Y El Derecho A La Libertad De Expresón: Un Nuevo Desafío Para El Derecho Internacional De Los Derechos Humanos, Andrea Pietrafesa
Violencia De Género, Internet Y El Derecho A La Libertad De Expresón: Un Nuevo Desafío Para El Derecho Internacional De Los Derechos Humanos, Andrea Pietrafesa
American University International Law Review
No abstract provided.
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.
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 …
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.
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2018 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson
Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
Professor Gabriella Blum's The Paradox of Power observes that international humanitarian law (IHL) has been in a long. term evolution toward putting the principle of "humanitarianism" and civilian protection at its normative and legal center. The Lecture (on which this essay is a commentary) identifies several reasons for this, in particular (within and across liberal democratic societies) social acceptance of IHL as law but also as socially internalized norms that give IHL broad moral legitimacy. Accepting The Paradox of Power's main propositions as cor rect, this Commentary extends its account in several ways. First, The Paradox of Power's combination of …
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Scholarly Articles in Law Reviews & Journals
The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …
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 …
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 …
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.
Individual Criminal Liability And State Responsibility For Genocide: Boundaries And Intersections, Rafael Leme
Individual Criminal Liability And State Responsibility For Genocide: Boundaries And Intersections, Rafael Leme
American University International Law Review
No abstract provided.
Banks As Human Rights Enforcers? A Comparative Analysis Of Soft Law Instruments, Rita Mota
Banks As Human Rights Enforcers? A Comparative Analysis Of Soft Law Instruments, Rita Mota
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.
El Desafío De Interpretar El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Sergio Alejandro Rea Granados
El Desafío De Interpretar El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Sergio Alejandro Rea Granados
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.
Jesner V. Arab Bank, Rebecca Hamilton
Jesner V. Arab Bank, Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling in Jesner v. Arab Bank, deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).
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 …
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
Scholarly Articles in Law Reviews & Journals
Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2017 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld
International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld
Scholarly Articles in Law Reviews & Journals
This paper’s hypothesis is that the international standard setting bodies (SSBs) could improve the quality of their international standards by incorporating a human rights analysis. It focuses on five SSBs and seven of their international standards and its findings include the following: First, the standards all implicate the right of non-discrimination, and the rights to information, privacy and an effective remedy. Second, they each raises economic, social and cultural rights issues, including the obligation to allocate ‘maximum available resources’ to the progressive realization of economic, social and cultural rights; the human rights responsibilities of private actors exercising delegated regulatory authority, …
Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio Grossman, Nora Sevaass, Felice Gaer
Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio Grossman, Nora Sevaass, Felice Gaer
Scholarly Articles in Law Reviews & Journals
Persons exposed to torture have suffered serious attacks on their lives, relationships, health, and sense of dignity. The torture they experienced will remain a part of them even if they manage to move ahead and work through the pain. The destructive power of torture affects life on so many levels: mind and body, values and relationships, and the capacity for work and leisure. Providing opportunities to reconstruct lives after torture should be a priority in the international effort to prevent and prohibit torture. International recognition of the right to redress, including rehabilitation for all victims of torture and other cruel, …