International Humanitarian Law Commons^™

A Survey Of Terrorism And Human Rights In Uganda, Arika Long

Human Rights & Human Welfare

Tragically, Uganda is a primary example of a country dominated by terror and human rights violations. In a 2006 interview with Integrated Regional Information Networks IRIN, the news department of the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), Under Secretary-General for Humanitarian Affairs Jan Egeland, called the conflict in Uganda “the worst form of terrorism in the world.” Defining terrorism as indiscriminate violence against civilians, he declares that nowhere in the world is there a more concentrated area where so many people are being terrorized, and have been for such a long period of time. According to …

Civil Society And Human Rights, Ken Bonneville

Human Rights & Human Welfare

A dynamic civil society is essential to a functioning democracy. After the fall of the Soviet Union there was hope that Russia could create a robust civil society to compliment its burgeoning democracy, but 15 years after the fall neither occurrence appears to be the case. Instead of an open society, Russian civil society faces challenges of oppression, threats of violence, an overbearing bureaucracy, and a constitution open to interpretation. The following research outlines some of the obstacles facing Russia’s civil society and addresses how the government is restricting civil society functions.

The Roma: During And After Communism, Florinda Lucero, Jill Collum

Human Rights & Human Welfare

The Roma are an interconnected ethnic and cultural group that migrated out of India more than ten centuries ago. In the Czech Republic, they may have been present since the 15th century. Although relations within Czech lands began honorably, they quickly disintegrated into enmity and within a century Czechs could kill the Roma with impunity. Legislation restricting Roma movement came about in 1927 with Law 117: the “Law on Wandering Gypsies,” which stated that the Roma were now required to seek permission to stay overnight in any given location. In the run-up to World War II, parallel restrictions to those …

Sudan: A Survey Of Terrorism And Human Rights, Arika Long

Human Rights & Human Welfare

Sudan is a primary example of a country dominated by terror and human rights violations. Upon the release of Amnesty International’s 2007 annual report, Secretary General Khan described the continuing conflict in Sudan's Darfur region as a “bleeding wound on the world’s conscience.” In the report, the authors declare that the world has been “impotent” in the face of major crises like Darfur. They state that policies linked to the “War on Terror” are creating a more polarized and dangerous world, with grave effects in Sudan. In addition to the terror and human rights violations permeating the North, frustration also …

Rehabilitation Or Revenge: Prosecuting Child Soldiers For Human Rights Violations, Nienke Grossman

All Faculty Scholarship

International law provides no explicit guidelines for whether or at what age child soldiers should be prosecuted for grave violations of international humanitarian and human rights law such as genocide, war crimes, and crimes against humanity. This paper argues that the hundreds of thousands of children under age eighteen participating in armed conflicts around the globe should be treated primarily as victims, not perpetrators, of human rights violations and that international law may support this conclusion. In the case of children, the world community should choose rehabilitation and reintegration over criminal prosecution because of children's unique psychological and moral development, …

The Priority Of The Person: Some Critical Challenges Facing International Human Rights In The Next Generation, Paolo G. Carozza

Book Chapters

From the Introduction

One of the great pleasures for me of teaching regularly at ASERI has been the chance to interact with a marvellous cross-section of young people from all of Europe and beyond. In them I have found a hope, enthusiasm, openness and dynamism that transcends their languages and nationalities. One can only hope that they will keep those qualities alive as they are called to face the challenges that the world of international affairs will bring to their generation, demands that will be as multifaceted and cross-cultural as they themselves are. Many of the issues that they will …

Hamdan, Lebanon, And The Regulation Of Hostilities, Geoffrey S. Corn

Vanderbilt Journal of Transnational Law

For more than fifty years following the 1949 revision of the Geneva Conventions, legal scholars, government experts, and military practitioners understood the articles that defined when the protections of these treaties came into force--Common Articles 2 and 3--as the exclusive criteria which triggered the laws of war. From these two articles emerged an "either/or" law-applicability paradigm: inter-state, or international, armed conflicts triggered the full corpus of the laws of war, whereas intra-state, or internal, armed conflicts triggered the limited humanitarian protection reflected in the terms of Common Article 3. Because many military operations during the past two decades did not …

An Ounce Of Prevention: Improving The Preventative Measures Of The Trafficking Victims Protection Act, Takiyah R. Mcclain

Vanderbilt Journal of Transnational Law

Trafficking is a multi-billion dollar industry that affects the lives of millions of people, especially young girls and women. In an effort to combat this issue, the United States enacted the Trafficking Victims Protection Act in 2000. The Act has had some positive effects on the trafficking industry, but its preventative measures overlook or fail to deal sufficiently with some key factors: human rights issues, gender and economic inequalities, and sensationalism of the sex industry.

This Note discusses these three issues and their importance in establishing more effective preventative measures. Additionally, this Note looks to two approaches to trafficking, the …

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George

Faculty Scholarship

This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Remarks On Intervention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Advances And Missed Opportunities In The International Prosecution Of Gender-Based Crimes, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In the past decade, and particularly since 1998, there has been an incredible transformation in the treatment of sex-based and gender- based violence' in the fields of international humanitarian law and international criminal law. Before this, crimes committed exclusively or disproportionately against women and girls, in times of conflict, were largely either ignored, or at most, treated as secondary to other crimes. Despite the fact that rape and other forms of sexual violence had been widely reported during World War HI, for instance, the crime of rape was not expressly included in either the London Charter, establishing the International …