International Humanitarian Law Commons^™

Climate Migration And Reparations: Reflections On The Icj Advisory Opinion On Climate Change, Carmen G. Gonzalez

Pace Environmental Law Review

Climate mobility governance is at an inflection point. Major developments, such as the International Court of Justice (ICJ) Advisory Opinion on climate change, are opening legal pathways to climate reparations and reshaping global policy debates on climate-induced migration. Climate-vulnerable states and peoples are calling for reparations for the intertwined injustices of slavery, colonialism and climate change and for legal frameworks that recognize the right to stay and the right to migrate based on the right to self-determination. This article examines the legal and ethical basis for reparative approaches to climate-induced migration. The article discusses the link between climate change and …

La Légitimation Des Conduites De Politique Extérieure Dans La Crise Du Liban (Israël), Brigitte Bosredon-Larroumet

Proche-Orient, Études juridiques

No abstract provided.

Attacks On Merchant Vessels Under The Law Of Economic Naval Warfare And Protection Of The Marine Environment: Lessons From The Russia-Ukraine War And The U.S.-Iran War, Alexander Lott

International Law Studies

This article examines the legality of attacks on merchant vessels during international armed conflicts, using reported Russian, Ukrainian, Iranian, and United States attacks between 2022 and 2026 as case studies. It evaluates belligerent rights to visit and search, divert, seize, disable, or, exceptionally, destroy merchant vessels under customary law. Drawing primarily on State practice, the study compares Russia’s blockade of Ukraine, Iran’s closure of the Strait of Hormuz, and the United States’ blockade of Iran. The emerging concept of a de facto blockade and its fusion with warning zones creates legal uncertainty and undermines humanitarian protection.

The legality of Iranian …

Introduction: A Roadmap To The Naval War With Iran, James Kraska

International Law Studies

No abstract provided.

Chapter 4: Untangling The “Legal Vortex”: Transit, Tolls, And Truce In The Strait Of Hormuz, James Kraska

International Law Studies

No abstract provided.

The Alien Enemies Act Of 1798, Andrew Kent

Fordham Law Review

For the first time since World War II—and for the first time ever outside a formally declared war—an American president has invoked the Alien Enemies Act of 1798 to detain and deport noncitizens. Enacted during the Quasi-War with France, the Act’s operative language remains largely unchanged today. In March 2025, President Donald J. Trump proclaimed that members of the Venezuelan gang Tren de Aragua present in the United States are “alien enemies,” asserting that their activities, allegedly coordinated with President Nicolás Maduro’s government, constitute an “invasion” or “predatory incursion” within the meaning of the statute. Litigation challenging the invocation of …

Chapter 3: Blockade, Prize, And Targeting: The Revival Of Economic Warfare In Operation Epic Fury, James Kraska

International Law Studies

No abstract provided.

Chapter 2: Boarding The Shadow Fleet: Stateless Vessels In The Law Of The Sea, James Kraska

International Law Studies

No abstract provided.

Chapter 1: Sanctions And The Shadow Fleet: Terrorism Forfeiture And Operation Economic Fury, James Kraska

International Law Studies

No abstract provided.

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

An Exceptional Model At Sea: Functionalist Targeting And The Legal Vulnerability Of Maritime Civil Defense In Japan, Kentaro Furuya

International Law Studies

The intensifying security competition in East Asia, characterized by persistent territorial disputes and the potential for major regional contingencies, has placed the Japan Coast Guard (JCG) at a strategic crossroads. The 2023 Control Guideline, which outlines the JCG’s role during armed attacks, has further heightened interest in the agency’s legal status. This article examines the critical gap between Japan’s domestic legal framework and the international law of naval warfare, specifically addressing how the potential classification of JCG assets as military objectives undermines the safety of maritime civil defense operations.

While the Japanese government firmly maintains the JCG’s status as a …

Cyberattacks And The Challenges Of Applying International Humanitarian Law: An Analytical Study In Traditional Rules And Diplomatic Solutions, Mohamed Ibrahim Abdelnabi

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the inadequacy of the current legal framework of international humanitarian law in protecting civilians from the risks of cyberattacks, and analyzes the devastating humanitarian impacts of communications shutdowns and digital attacks on critical infrastructure such as hospitals. The research concludes that legal frameworks need to be modernized, international cooperation strengthened, and effective international accountability mechanisms developed to bridge the protection gap that exists in the digital age and ensure that perpetrators of these violations do not go unpunished.

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.

International Law Situations: Internment Of Belligerent Forces, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the duty of neutral States to detain belligerent warships, their officers, and crews during an international armed conflict. At the outset of the armed conflict between the United States and Iran, Iranian warships sought refuge in India and Sri Lanka following the sinking of the Iranian frigate IRIS Dena. India and Sri Lanka, as neutrals, have a duty to detain those warships and their officers and crews for the duration of the armed conflict and take appropriate measures to render the ships and their personnel incapable of taking to sea during the conflict.

International Law Situations: Humanitarian Corridors, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the use of humanitarian corridors during an international armed conflict. While humanitarian corridors are not defined in international law, they have been used both on land and at sea to evacuate non-combatants, allow for the provision of humanitarian relief supplies, and provide for the safe passage of neutral shipping in areas of ongoing conflict.

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …