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International Humanitarian Law Commons™
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Articles 1 - 30 of 36
Full-Text Articles in International Humanitarian Law
The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook
Michigan Law Review
The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
International Law Studies
No abstract provided.
The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt
The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt
International Law Studies
No abstract provided.
Legal Implications Of Nato's Armed Intervention In Kosovo, Ved P. Nanda
Legal Implications Of Nato's Armed Intervention In Kosovo, Ved P. Nanda
International Law Studies
No abstract provided.
International Humanitarian Law From Agincourt To Rome, Theodor Meron
International Humanitarian Law From Agincourt To Rome, Theodor Meron
International Law Studies
No abstract provided.
The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald
The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald
International Law Studies
No abstract provided.
The History And Status Of The International Criminal Court, Howard Levie
The History And Status Of The International Criminal Court, Howard Levie
International Law Studies
No abstract provided.
International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood
International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood
International Law Studies
No abstract provided.
Appendix: Principle Publications Of Professor L.C. Green (Volume 75)
Appendix: Principle Publications Of Professor L.C. Green (Volume 75)
International Law Studies
No abstract provided.
Un Forces And International Humanitarian Law, Paul C. Szasz
Un Forces And International Humanitarian Law, Paul C. Szasz
International Law Studies
No abstract provided.
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
International Law Studies
No abstract provided.
The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring
The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring
International Law Studies
No abstract provided.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
Jus Pacis Ac Belli? Prolegomena To A Sociology Of International Law, Georg Schwarzenberger
Jus Pacis Ac Belli? Prolegomena To A Sociology Of International Law, Georg Schwarzenberger
International Law Studies
No abstract provided.
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
International Law Studies
No abstract provided.
On Genocide, Anthony D'Amato
Chapter Vi (The Tanker War And The Maritime Environment)
Chapter Vi (The Tanker War And The Maritime Environment)
International Law Studies
No abstract provided.
Full Volume 74: The Tanker War, 1980-88: Law And Policy
Full Volume 74: The Tanker War, 1980-88: Law And Policy
International Law Studies
No abstract provided.
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Georgetown Law Faculty Publications and Other Works
Western nations have struggled to accomplish the dual goals of refugee and asylum policies: (1) identifying and protecting Convention refugees as well as those fleeing civil conflict; and (2) controlling for abuse. The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue to explore just how well these asylum systems are balancing the dual goals. The workshop exa!llined key elements of the U.S. and European asylum systems: decision making on claims, deterrence of abuse, independent review, return of rejected asylum seekers, scope of the refugee concept, social rights and …
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue aimed at understanding just how well these asylum systems are balancing the dual goals. The Workshop was convened by the Institute for the Study of International Migration (ISIM) of Georgetown University and the Center for the Study of Immigration, Integration and Citizenship Policies (CEPIC) of the Centre Nationale de Recherche Scientifique, with the support of the German Marshall Fund of the United States. It was held on July 1-3, 1999, at Oxford University.
The workshop examined key issues …
Fora Available For Palestinian Refugee Restitution, Compensation And Related Claims, Susan M. Akram
Fora Available For Palestinian Refugee Restitution, Compensation And Related Claims, Susan M. Akram
Faculty Scholarship
This summary focuses on where Palestinian refugees can bring individual restitution and compensation claims. It does not discuss fora where claims for realizing the right of return might be made, although such claims will be mentioned as appropriate in the context of the discussions of restitution/compensation fora. Palestinian refugees do not at present have any forum immediately available in which they can file individual claims for restitution and/or compensation for losses sustained as a result of their expulsion from their lands and homes in 1948. The forum in which such claims would ordinarily be made is the place where the …
Reinterpreting Palestinian Refugee Rights Under International Law, And A Framework For Durable Solutions, Susan M. Akram
Reinterpreting Palestinian Refugee Rights Under International Law, And A Framework For Durable Solutions, Susan M. Akram
Faculty Scholarship
Background
The paper presented here is based on a much larger brief produced by two experts in international refugee law, Susan Akram and Guy Goodwin-Gill assisted by a team of law students at Boston University. Both the larger brief and the paper presented here argue for a re-interpretation of the current international refugee law which adequately expresses the principle of heightened protection for Palestinian refugees, a principle which had guided the drafting and consequent approval of international law and UN resolutions.
The author argues that the current lack of legal protection of Palestinian refugees derives from the misinterpretation of the …
International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl
International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl
Scholarly Articles
The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Scholarly Articles
Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …
Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll
UIC Law Review
No abstract provided.
The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll
UIC Law Open Access Faculty Scholarship
No abstract provided.
Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl
Sclerosis: Retributive Justice And The Rwandan Genocide, Mark A. Drumbl
Scholarly Articles
In the 1994 Rwandan genocide 800,000 people were massacred. The victims were overwhelmingly of the minority Tutsi ethnic group and the aggressors of the majority Hutu group. At present, 125,000 Hutu prisoners remain incarcerated while awaiting trial on genocide-related charges. This article argues that these trials, and the extensive incapacitation that necessarily precedes them, may do little to promote justice, regime legitimacy, or national reconciliation in Rwanda. This, in turn, raises broader questions about the role of criminal punishment and sentencing in situations of mass violence. Criminality usually attaches to deviant conduct. Mass political violence -- from Nazi Germany to …
The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell
The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell
Notre Dame Lawyers Connect
NATO's decision on 13 October 1998 to use force in Yugoslavia and its subsequent use of force beginning on 24 March 1999 were inconsistent with both the explicit terms of the United Nations Charter and Security Council practice. Most of NATO's member states have argued that the situation was exceptional and should have no bearing on the future need for Security Council authorization. Not so the United States; US officials have not spoken of an exception. Several high-ranking officials of the Clinton Administration have stated that they do not recognize the necessity for Security Council authorization when NATO takes enforcement …
The European Human Rights System As A System Of Law, Richard Kay
The European Human Rights System As A System Of Law, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _
Richmond Public Interest Law Review
The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.