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International Humanitarian Law Commons™
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Articles 1 - 17 of 17
Full-Text Articles in International Humanitarian Law
Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann
Child-Taking Justice And The Federal Indian Boarding School Initiative, Diane Marie Amann
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The focus of this article is the 2022–2024 Federal Indian Boarding School Initiative undertaken the U.S. Executive Branch. The article chronicles this three-year process, which included sessions with survivors and their descendants, and which resulted in a two-volume report, in an apology by President Joe Biden, and in designation of a national memorial at one of the most notorious school sites. This article examines the initiative as an example of “child-taking justice”; that is, as a process of what is called “transitional justice”, done in an effort to redress the takings of children from their community, followed by efforts to …
Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann
Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann
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Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …
A Faster Way To Yes: Re-Balancing American Asylum Procedures, Michael Kagan
A Faster Way To Yes: Re-Balancing American Asylum Procedures, Michael Kagan
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The United States asylum system, like many other asylum systems, is under immense pressure to process asylum applications faster. The primary response to this pressure is negative, namely to deny asylum claims quickly by categorizing them as manifestly unfounded. In the United States, this is done through the “credible fear” process. This negative orientation leads to a structural imbalance in which denials can be fast and easy for the system, but approvals take time and extensive effort. Using domestic and international comparative examples, this Article proposes re-balancing the asylum system by establishing a process for expedited approvals of clearly eligible …
Bridging Movement Lawyering & International Human Rights Advocacy, Citlalli Ochoa
Bridging Movement Lawyering & International Human Rights Advocacy, Citlalli Ochoa
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The human rights field is often criticized for its lack of enforcement and implementation, lawyering methodologies, and its roots in imperialism, exceptionalism, and Eurocentric values. In response to some of these critiques, human rights scholars and advocates have embraced more grassroots approaches that in many instances resemble the movement lawyering methodologies employed in social justice advocacy in the United States. In the same way that movement lawyers have centered impacted communities and engaged in long term, coordinated legal and political advocacy to achieve normative change, human rights advocates have used the international human rights framework to exert political pressure, facilitate …
A Nuremberg Woman And The Hague Academy, Diane Marie Amann
A Nuremberg Woman And The Hague Academy, Diane Marie Amann
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This article, which forms part of the journal's special review series marking the centenary of the Hague Academy of International Law, draws from the author's ongoing research into the roles that lawyers and other women professionals played at post-World War II trials. The article focuses on the life of one “Nuremberg woman,” Dr. Aline Chalufour, who attended the Academy in 1937 and again in 1957. In between, she worked in what is now Vietnam as a colonial schoolteacher, in Canada as a Free French propagandist for de Gaulle, at Nuremberg and Hamburg as a war crimes prosecutor, and in France …
Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, Alexandra Harrington, Natalia Urzola, Alice Kasznar, Amy Van Der Kleyn, Antonio Pulgar, Astrid M. Bernal, Giada Giacomini, Hayley Evans, James R. May, Margherita Apollaro, Victoria Lichet, Wellington Migliari
Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, Alexandra Harrington, Natalia Urzola, Alice Kasznar, Amy Van Der Kleyn, Antonio Pulgar, Astrid M. Bernal, Giada Giacomini, Hayley Evans, James R. May, Margherita Apollaro, Victoria Lichet, Wellington Migliari
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The Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report …
The Policy On Children Of The Icc Office Of The Prosecutor: Toward Greater Accountability For Crimes Against And Affecting Children, Diane Marie Amann
The Policy On Children Of The Icc Office Of The Prosecutor: Toward Greater Accountability For Crimes Against And Affecting Children, Diane Marie Amann
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The Policy on Children published by the International Criminal Court Office of the Prosecutor in 2016 represents a significant step toward accountability for harms to children in armed conflict and similar extreme violence. This article describes the process that led to the Policy and outlines the Policy’s contents. It then surveys relevant ICC practice and related developments, concluding that despite some salutary efforts, much remains to be done to recognize, prevent and punish the spectrum of conflicted-related crimes against or affecting children.
Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley
Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley
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Prof. Christopher L. Blakesley delivered this keynote address at the Crimes Without Borders: In Search of an International Justice System Symposium, held at the McGeorge School of Law in the spring of 2016.
Writing Truth To Power: Remarks In Celebration Of Intlawgrrls’ Tenth Birthday, Diane Marie Amann
Writing Truth To Power: Remarks In Celebration Of Intlawgrrls’ Tenth Birthday, Diane Marie Amann
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These remarks begin with a brief history of the founding and development of IntLawGrrls blog, in order both to open the blog's tenth-anniversary conference and to introduce other conference presentations, three of which appear in this same edition of the Georgia Journal of International & Comparative Law. Noting the blog's tradition of honoring departed women as foremothers, the remarks nominates yet another: Sophie Scholl, a German student executed for her part in the White Rose movement that acted in resistance to the Nazi regime.
Securing Child Rights In Time Of Conflict, Diane Marie Amann
Securing Child Rights In Time Of Conflict, Diane Marie Amann
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Each term in the title of this essay seems simple, yet provides much food for analytical thought. The essay thus explores: what is “conflict,” and whether there is a “time” when it is not present; who is a “child”; whether and to what extent children enjoy “rights”; and, finally, how local, national, and international regimes go about “securing” those rights. The essay – based on a talk given at the 2015 International Law Weekend in New York – concludes with a glance at a new potential avenue for child security: the Sustainable Development Goals which the U.N. General Assembly adopted …
Children, Diane Marie Amann
Children, Diane Marie Amann
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This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
Politics And Prosecutions, From Katherine Fite To Fatou Bensouda, Diane Marie Amann
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Based on the Katherine B. Fite Lecture delivered at the 5th Annual International Humanitarian Law Dialogs in Chautauqua, New York, this essay examines the role that politics has played in the evolution of international criminal justice. It first establishes the frame of the lecture series and its relation to IntLawGrrls blog, a cosponsor of the IHL Dialogs. It then discusses the career of the series' namesake, Katherine B. Fite, a State Department lawyer who helped draft the Charter of the International Military Tribunal at Nuremberg and who was, in her own words, a "political observer" of the proceedings. The essay …
An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein
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No abstract provided.
Portraits Of Women At Nuremberg, Diane Marie Amann
Portraits Of Women At Nuremberg, Diane Marie Amann
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This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.
International Law: Practical Authority, Global Justice, John Linarelli
International Law: Practical Authority, Global Justice, John Linarelli
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No abstract provided.
Peace-Building, John Linarelli
The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli
The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli
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No abstract provided.