International Humanitarian Law Commons^™

War And The Problem Of Child Soldiers, Meng Yoong Yong

Student Works (2000-2009)

Askar kanak-kanak mernpakan satu fenomena yang jarang didebatkan di Malaysia. fetapi di banyak negara dunia ketiga ia mernpakan satu perkara biasa. Yang dikatakan askar anak-kanak adalah pejuang yang bernmur Japan belas tahun ke bawah. Apa yang menakjubkan alah seramai 300,000 kanak-kanak di sebanyak 60 buah negara melibatkan diri secara aktif di ialam konflik dan peperangan. Di Afrika sahaja terdapat lebih kurang 120,000. Jika dahulu canak-kanak ditugaskan dalam sektor sokongan dan logistik seperti tukang masak, pengangkut )arangan, penghantar mesej dan pengintip, kini oleh kerana teknologi pesat dalam bidang Jersenjataan, kanak-kanak ditugaskan di barisan hadapan bersama pejuang dewasa yang lain. Kanak-kanak perempuan …

The Taliban’S ‘Other’ Crimes, Mark A. Drumbl

Scholarly Articles

This paper explores possible legal responses to the Taliban's 'other' crimes--those inflicted against Afghans during Taliban rule. This criminality largely has been rendered invisible by virtue of the international community's focus on punishing the Taliban's support of transnational terrorists, in particular al-Qaeda. This invisibility is problematic given that carefully constructed prosecutions of these 'other' crimes could play an important role in post-conflict reconciliation and national reconstruction in Afghanistan. Such reconciliation and reconstruction can legitimise a representative post-conflict state and curb terrorist recidivism.

Restorative Justice And Collective Responsibility: Lessons For And From The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis …

International Law As Fundamental Justice: James Brown Scott, Harold Hongju Koh, And The American Universalist Tradition Of International Law, Mark Weston Janis

Faculty Articles and Papers

I am delighted to have an opportunity to respond to Harold Hongju Koh's excellent Childress Lecture of October 3, 2001, at the Saint Louis University School of Law. It has been my great pleasure to know Harold since we were young lawyers in the 1970's, and most especially during the 1996-97 academic year when we were together on the Law Faculty at Oxford. Now, as always,my first and soundest instinct is to associate myself fully with Harold. I embrace his commitment to human rights at home and abroad, and applaud his dream for the globalization of freedom. Great American lawyers …

The Multinational And The "New Stakeholder": Examining The Business Case For Human Rights, Scott Greathead

Vanderbilt Journal of Transnational Law

Business managers who ignore these realities--the concerns of these new corporate stakeholders--do so at the risk of their company's brand and their own careers. These are just a few examples of the new stakeholders of multinational corporations--workers, consumers, investors, indigenous peoples, non-governmental organizations (NGOs), and the media...

The concerns of these new stakeholders embrace human rights. It is a much broader concept of human rights, however, than the civil and political rights that used to dominate the agenda. Former concerns centered on freedom from arbitrary arrest, detentions, and other due process rights, freedom of speech and association, and governmental abuses …

The African Holocaust: Should Europe Pay Reparations To Africa For Colonialism And Slavery?, Ryan M. Spitzer

Vanderbilt Journal of Transnational Law

For many people of European descent, slavery is little more than an unpleasant memory of a bygone and distant era, largely remembered more for the glory of empires lost and faded dreams of conquest and exploration. For many Africans and African Americans, however, slavery remains an unhealed wound that is frequently, if not constantly, reopened by feelings of continued oppression, manipulation, and discrimination. These disparate views clashed most recently at the U.N. World Conference Against Racism, held in Durban, South Africa in September of 2001.

Inspired by the U.N. Conference in Durban, this Note analyzes the potential for reparations between …

Debating The Law Of Sanctions, Mary Ellen O'Connell

Journal Articles

After years of United Nations-mandated sanctions against Iraq, human rights advocates began charging the UN Security Council with genocide in its use of 'sanctions of mass destruction'. Following the charges, a full debate began on the law of sanctions. The article recounts this debate, setting it in the context of two earlier rounds of discussion on the lawful use of sanctions. Those earlier debates resulted in general consensus that the Security Council was both free to use sanctions whenever it wanted and that sanctions should be comprehensive, air-tight and subject to enforcement. Sanctions of this description were imposed on Haiti …

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Scholarly Articles in Law Reviews & Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Faculty Publications

No abstract provided.