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International Humanitarian Law Commons

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Articles 271 - 300 of 365

Full-Text Articles in International Humanitarian Law

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson Jan 2014

Restoration Of Historical Memory And Dignity For Victims Of The Armenian Genocide: A Human Rights Law Approach To Effective Reparations, Richard Wilson

Scholarly Articles in Law Reviews & Journals

This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.


The Rights Of Lesbian Gay Bisexual And Transgendered Peoples And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon Jan 2014

The Rights Of Lesbian Gay Bisexual And Transgendered Peoples And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman Jan 2014

Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

Closed environments pose a major challenge to the full and effective implementation of human rights norms and conventions. However, many conventions contain mechanisms that can be used to further advance implementation of human rights in those closed environments. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) has several mechanisms in place that play an important role in enforcing and implementing human rights obligations. Along with the creation of a supervisory organ, the Committee against Torture (the Committee), the Convention provides a framework for: State Party reporting and concluding observations (COBs) under …


The Most Important Cases Of The Inter-American Commission On Human Rights, Richard Wilson Jan 2014

The Most Important Cases Of The Inter-American Commission On Human Rights, Richard Wilson

Scholarly Articles in Law Reviews & Journals

The Inter-American Commission of Human Rights (IACHR), together with its companion body, the Inter-American Court of Human Rights (IACtHR), are autonomous organs of the Organization of American States (OAS). The IACHR promotes and protects human rights in the Western Hemisphere. Created by the OAS in 1959, the Commission has its headquarters in Washington, D.C. Together with the Court, established in 1979 in San Jose, Costa Rica, the Commission has emerged as a model of international human rights and humanitarian law, as well as of individual rights.Since its inception, the Commission has made extraordinary progress. Through its 55-year history, it has …


Remarks: The Tension Between Law And Politics: Can The Icc Navigate A Multi-Polar World?, Diane Orentlicher Jan 2014

Remarks: The Tension Between Law And Politics: Can The Icc Navigate A Multi-Polar World?, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Owning Justice And Reckoning With Its Complexity, Diane Orentlicher Jan 2013

Owning Justice And Reckoning With Its Complexity, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

A series of developments, both doctrinal and political, seem to signify a retreat from earlier innovations in the law and practice of international justice. On closer examination, however, recent developments in international justice cannot be reduced to a single trend line. Even as various actors and processes continue to work out the ground rules for exercising jurisdiction in respect of human rights violations that international law condemns as criminal, and as international and national courts work through the inherently challenging project of redressing mass atrocities, states have increasingly internalized, owned and acted on the principle that they should ensure accountability …


Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez Jan 2013

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto Jan 2013

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …


Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson Jan 2012

Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This essay explores the intersections and tensions between international human rights law and international humanitarian law as those two doctrinal areas played out in the concrete situation of Omar Khadr, a Canadian child detainee at Guantanamo Bay. Particular focus is given to how issues regarding his youth were addressed by the many tribunals involved: in the multiple venues of courts in the United States and Canada, and in international human rights bodies. The issues on Omar’s youth span many contexts, raising judicial questions regarding the legality of his detention, his treatment and separation from adults while detained, jurisdiction to prosecute …


Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto Jan 2012

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …


A Critical Resource Or Just A Wishing Well? A Proposal To Codify The Law On Transboundary Aquifers And Establish An Explicit Human Right To Water, Justin Carlson Jan 2011

A Critical Resource Or Just A Wishing Well? A Proposal To Codify The Law On Transboundary Aquifers And Establish An Explicit Human Right To Water, Justin Carlson

American University International Law Review

No abstract provided.


Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean Jan 2011

Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean

American University International Law Review

No abstract provided.


Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken Jan 2011

Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Transitional Justice, Peace, And Prevention, Juan E. Mendez Jan 2011

Transitional Justice, Peace, And Prevention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Amicus Curiae Brief On The Practice Of Cumulative Charging Before International Criminal Bodies Submitted To The Appeals Chamber Of The Special Tribunal For Lebanon Pursuant To Rule 131 Of The Rules Of Procedure And Evidence, Susana Sacouto Jan 2011

Amicus Curiae Brief On The Practice Of Cumulative Charging Before International Criminal Bodies Submitted To The Appeals Chamber Of The Special Tribunal For Lebanon Pursuant To Rule 131 Of The Rules Of Procedure And Evidence, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

On 7 February 2011, President of the Special Tribunal for Lebanon (STL), Antonio Cassese, issued a general invitation to, inter alia, nongovernmental organizations and academic institutions to submit briefs on specic issues related to the 15 preliminary questions addressed to the judges of the Appeals Chamber pursuant to Rule 68(G) of the Rules of Procedure and Evidence (RPE). On 11 February 2011, the War Crimes Research Oce (WCRO) of the American University Washington College of Law submitted an amicus curiae brief under Rule 131 of the RPE addressing the specific question of whether cumulative charging is an accepted practice before …


Inter-American System, Claudia Martin Jan 2011

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson Jan 2010

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross Jan 2009

Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross

American University International Law Review

No abstract provided.


The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche Jan 2009

The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche

American University International Law Review

No abstract provided.


Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman Jan 2009

Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary Jan 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman Oct 2008

The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

The Inter-American system is a combination of human rights norms and supervisory institutions within the Americas. The applicable rules consist primarily of the American Declaration on the Rights and Duties of Man ("American Declaration") and the American Convention on Human Rights ("American Convention"). The institutions involved are the organs responsible for supervising compliance with the established rules: the Inter-American Commission on Human Rights ("the Commission") and the Inter-American Court of Human Rights ("the Court"). The system performs supervisory functions basically through country reports adopted by the Commission which describe the overall human rights situation in a country and decisions in …


Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher May 2008

Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher

Research Reports & White Papers

This groundbreaking report published by the Open Society Justice Initiative examines the impact in Serbia of the International Criminal Tribunal for the former Yugoslavia (ICTY). Shrinking the Space for Denial: The Impact of the ICTY in Serbia is the most comprehensive analysis to date of the court's impact in a country directly affected by its work. The report by Diane Orentlicher, professor of international law at American University's Washington College of Law and special counsel to the Justice Initiative, is published in conjunction with the 15th anniversary of the ICTY's founding. The 134-page report provides a detailed look at the …


Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher Jan 2008

Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher

Presentations

Remarks: Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina.Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other …


The Wto And The Anti-Corruption Movement, Padideh Ala'i Jan 2008

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …


Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone Jan 2008

Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone

Scholarly Articles in Law Reviews & Journals

This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential problems that arise when international courts have to adjudicate on overlapping situations. It describes the dispute between the ICJ and the ICTY on the appropriate legal standard for the attribution of state responsibility, and finds that the ICJ’s approach in this case suggests that those keen to minimize the fragmentation of international law between adjudicative bodies should not overlook the need for consistency within those bodies.With regard to fact finding, this article raises serious concerns about the manner in which the ICJ relied …