International Humanitarian Law Commons^™

Mitigating Disaster: A Communitarian Response, Robert M. Ackerman

Law Faculty Research Publications

In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …

Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Aid For Trade: A Roadmap For Success, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

Aid for trade has tremendous potential. It is an area that merits all the attention it has recently receiving from the leadership of the WTO. Opportunities abound in the shaping of aid for trade to benefit many constituencies, including the WTO, developing nations, donors, and the aid and trade legal communities. The international trading system has much to gain from the effective use of aid for trade as a tool for fulfilling the promise of the Doha Development Agenda, alleviating global poverty, and giving developing nations a well-deserved placed at the table in the global trade regime. However, each group …

What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore

UIC Law Review

No abstract provided.

What Happened To Africa?, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Fate of Africa: From the Hopes of Freedom to the Heart of Despair—A History of Fifty Years of Independence by Martin Meredith. New York: Public Affairs, 2006. 752 pp.

Human Rights And Contemporary Slavery, Kevin Bales

Human Rights & Human Welfare

The anti-slavery movement will welcome this important compilation of work on debt bondage slavery. In the academic and policy analysis of contemporary slavery, many of the fundamental areas of enslavement are yet to be explored and brought into systematic presentation. This work by the Graduate School of International Studies at the University of Denver helps to build up our understanding of debt bondage, as well as adding to the emerging discipline of contemporary slavery studies. Debt bondage slavery is one of the oldest forms of slavery that continues into the present day. The date of the establishment of hereditary debt …

Forced Child Labor In El Salvador: Contemporary Economic Servitude, Michelle Doherty

Human Rights & Human Welfare

In 2005, over half of the rural population in El Salvador was living on less than U.S. $2 dollars per day (Programa de las Naciones Unidas para el Desarrollo 2003: 42). The harsh reality of economic subsistence obligates children in El Salvador to contribute to their family’s survival. Employers providing this frail economic lifeline inevitably acquire control over the children. This economic control is a prominent aspect of contemporary slavery and is manifested through violence or exploitation. The enslavement of children in El Salvador not only steals their youth and opportunity to receive an education, but it also places innocent …

Poverty’S Captives, Tim Brauhn

Human Rights & Human Welfare

Today’s manifestations of bondage are a marked departure from those of pre-modern slavery. Now the value of the human “goods” is so low that slavers do not have to worry about damaging them. Two hundred years ago, slaves had to at least be treated with a modicum of safety, if for no other reason than to ensure continued profitability. But in the 20th and 21st centuries, slavers have become less like “hunters” and more like “gatherers,” since their work no longer involves raids and chains, at least in the physical sense. No, today’s raids are the false promises of work …

Under The Iron Thumb: Forced Labor In Myanmar, Anil Raj

Human Rights & Human Welfare

The fight for human rights in Myanmar goes back to its independence in 1948. The Myanmar military (tatmadaw) has engaged in shocking violations of almost every right in the Universal Declaration of Human Rights. The issue of forced labor, however, is of particular concern. Forced labor is employed primarily in development projects, agricultural enterprises, and the military. It is used to impose collective punishment on civilians, to build highly profitable development that strengthens military rule, and to allow the military access and logistical support in the most remote regions of insurgent-occupied territories. Forced labor is a central means …

Matthew S. Weinert On A Decade Of Human Security: Global Governance And New Multilateralism By Sandra Maclean, David Black, And Timothy Shaw. Aldershot, Uk: Ashgate, 2006. 264 Pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

A Decade of Human Security: Global Governance and New Multilateralism by Sandra MacLean, David Black, and Timothy Shaw. Aldershot, UK: Ashgate, 2006. 264 pp.

Eric Pianowski On Trafficking In Humans: Social, Cultural And Political Dimensions Edited By Sally Cameron And Edward Newman. New York: United Nations University Press, 2008. 284 Pp., Eric Pianowski

Human Rights & Human Welfare

A review of:

Trafficking in Humans: Social, Cultural and Political Dimensions edited by Sally Cameron and Edward Newman. New York: United Nations University Press, 2008. 284 pp.

Intelligence And Human Rights: A View From Venus, Peter Gill

Human Rights & Human Welfare

A review of:

Intelligence and Human Rights in the Era of Global Terrorism. By Steve Tsang (ed.). Westport, Connecticut: Praeger Security International, 2007.

and

War by Other Means: An Insider’s Account of the War on Terror. By John Yoo. New York: Atlantic Monthly Press, 2006.

Contemporary Slavery And International Law, Jessica Bell

Human Rights & Human Welfare

In this essay, the definition of contemporary slavery is derived from Kevin Bales in his book, Disposable People, which states that contemporary slavery is “The complete control of a person, for economic exploitation, by violence, or the threat of violence.” Contemporary slavery includes the slave labor of men, women, and children, forced prostitution, pornography involving both children and adults, the selling of human organs, serfdom, debt bondage, and the use of humans for armed conflict.

Contract Enslavement Of Female Migrant Domestic Workers In Saudi Arabia And The United Arab Emirates, Romina Halabi

Human Rights & Human Welfare

Slavery was not abolished in Saudi Arabia until 1962, and in the United Arab Emirates (UAE) until 1963. It is unsurprising, then, that contract slavery of domestic servants continues to thrive in much of the Persian Gulf, where local economies prosper on the immigration of foreign workers. Economic incentives on the part of the sending and receiving nations encourage the migration of female workers from their home countries to Saudi Arabia and to the UAE. These incentives, coupled with restrictive contract systems, bind the female domestic worker to her employer and create an environment conducive to exploitation and involuntary servitude.

The Dark Side Of Labor In China, Karine Lepillez

Human Rights & Human Welfare

With a population of 1.3 billion and a gross domestic product growing at an impressive rate of 10 percent per year, China has quickly become one of the largest contributors to the global market. Deng Xiaoping’s reforms of the late 1970s and early 1980s vastly improved the country’s standard of living and made economic development possible; unfortunately, China’s remarkable growth has a dark side: the forced labor of men, women and children. The country’s unique combination of Communist ideology and decentralized economic power has contributed to the use of both state-sanctioned and unsanctioned forced labor, the latter of which is …

Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Universal Human Rights And Threat To International Peace And Security: The United Nations' Obligation To Intervene, Godfrey Mhlanga

LLM Theses and Essays

This thesis seeks to establish the following:

• The nexus between the origins of the state and the universality of Human Rights
• That abuse of Human Rights is a threat to international peace and security, and
• It is an obligation for the international community under the auspices of the United Nations (UN) to intervene in the ‘internal affairs’ of a state which violates Human Rights.

The paper focuses on the paramountcy of Human Rights and argues that the doctrine of state sovereignty and cultural relativism undercut the essence and universality of Human Rights. The paper puts into perspective the interpretation of …

Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

This Article discusses the Erdemovic case in order toexamine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion. After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as a …

Equal By Law, Unequal By Caste: The "Untouchable" Condition In Critical Race Perspective, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits, or so-called “untouchables;” a plethora of caste-conscious measures designed to ensure the economic “upliftment” of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth.

This Article seeks to answer the question of how and why this …

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.

Duress, Demanding Heroism, And Proportionality, Luis E. Chiesa

Vanderbilt Journal of Transnational Law

This Article discusses the Erdemovic case in order to examine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion.

After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as …

The Collateral Protection Of Rights In A Global Economy, Sheldon Leader

NYLS Law Review

No abstract provided.

International Myopia: Hamdan's Shortcut To "Victory", Michael W. Lewis

University of Richmond Law Review

No abstract provided.

Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher

Presentations

Remarks: Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina.Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other …

Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood

Vanderbilt Journal of Transnational Law

This Article examines the application of the Supreme Court of India's enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women's rights. India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions. This tension is reflected in the decisions of the Supreme Court, which has assumed an active role in enforcing women's rights through PIL but is sometimes limited in this regard by the complex cultural context in which it operates. Based on an analysis of Indian constitutional …

Comparative Models Of Reporting Mechanisms On The Status Of Trafficking In Human Beings, Mohamed Y. Mattar

Vanderbilt Journal of Transnational Law

A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made …

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …

Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone

Scholarly Articles in Law Reviews & Journals

This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential problems that arise when international courts have to adjudicate on overlapping situations. It describes the dispute between the ICJ and the ICTY on the appropriate legal standard for the attribution of state responsibility, and finds that the ICJ’s approach in this case suggests that those keen to minimize the fragmentation of international law between adjudicative bodies should not overlook the need for consistency within those bodies.With regard to fact finding, this article raises serious concerns about the manner in which the ICJ relied …

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.