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International Humanitarian Law Commons™

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2009

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Institution
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Articles 61 - 78 of 78

Full-Text Articles in International Humanitarian Law

Considering The Margins: Developing A Broader Understanding Of Vulnerability To Trafficking, Christopher Anderson Jan 2009

Considering The Margins: Developing A Broader Understanding Of Vulnerability To Trafficking, Christopher Anderson

Human Rights & Human Welfare

Efforts aimed at combating human trafficking should be directed at protecting those most vulnerable to being trafficked. There have been substantial efforts to create national and international laws punishing the act of trafficking, directed at those individuals caught trafficking people. While these laws create means by which to punish traffickers, they have not necessarily led to a reduction in the estimated numbers of trafficked people. This implies that simply approaching trafficking as a criminal activity is not enough. Instead, trafficking should be understood by the systemic factors that make populations vulnerable to trafficking. There may always be potential markets for …

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The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin Jan 2009

The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin

Human Rights & Human Welfare

China’s youth are becoming adults in an unprecedented era. The Chinese have achieved rapid, sustained economic growth under a Communist government that has simultaneously been initiating a wide range of social planning initiatives.

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Economic Incentives Preempt Independence Movements: A Case Study Of The Xinjiang Uyghur Autonomous Region In China, Iman Jafarynejad Jan 2009

Economic Incentives Preempt Independence Movements: A Case Study Of The Xinjiang Uyghur Autonomous Region In China, Iman Jafarynejad

Human Rights & Human Welfare

Self-determination and freedom from foreign territorial acquisition and annexation still are core issues in the international arena and a source of human rights struggles. Through the consolidation of economies in the twenty-first century, there has, however, been a shift in the importance of these issues and in the meaning of “occupied” territories. This paper challenges the idea that the status quo of self-determination is the most important element of the human rights agenda of the indigenous Uyghur community in the Xinjiang Uyghur Autonomous Region of Western China.

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Robbed Of The American Dream, Megan Walker Jan 2009

Robbed Of The American Dream, Megan Walker

Human Rights & Human Welfare

Many people have immigrated to the United States, hoping to live the “American dream.” Unfortunately, this romantic notion is part of the reason that the United States has become one of the most sought after destination countries for human trafficking. It is easy for traffickers to convince potential victims that they can live the American dream. Traffickers from all over the world and all walks of life profit in this booming market, by promising poor and vulnerable people high wages in legitimate jobs as farm workers, maids, and waitresses. Many of these people end up in terrible conditions as indentured …

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Institutionalizing Torture: The Case Of Hospitals And Prisons In China, Leighann Mcchesney Jan 2009

Institutionalizing Torture: The Case Of Hospitals And Prisons In China, Leighann Mcchesney

Human Rights & Human Welfare

The People’s Republic of China (PRC) has a notorious reputation, especially within the international human rights community, concerning its state-implemented practices of torture. Although the government of China has been charged by many international organizations with having a gruesome human rights record, on anything from freedom of speech to freedom of religion, the accusations of state-sanctioned torture undoubtedly have caused some of the strongest reactions around the world. This article seeks to address the various manifestations of torture that take place inside two of the most prominent public institutions in China: the prisons and the mental hospitals. By utilizing these …

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China’S Relationship With Sudan—And Human Rights Consequences, Tessa Li Powell Jan 2009

China’S Relationship With Sudan—And Human Rights Consequences, Tessa Li Powell

Human Rights & Human Welfare

China is the largest country in the world and has a rapidly expanding economy. Its streets are starting to crowd with cars instead of bicycles and there is an increasing demand for the luxuries of developed nations. The desire to keep up with major international players has pushed the Chinese government to overlook whatever human rights abuses may be occurring inside and outside of its borders. China has taken steps to support Sudan despite its use of child soldiers and the genocide in Darfur that has been occurring for years. By criticizing and withdrawing support from President al-Bashir, China could …

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A Legal System That Compromises Due Process And Promotes Organ Harvesting And Human Rights Abuse Of Prisoners: A Case Study Of China, Shivani Ramdeo Jan 2009

A Legal System That Compromises Due Process And Promotes Organ Harvesting And Human Rights Abuse Of Prisoners: A Case Study Of China, Shivani Ramdeo

Human Rights & Human Welfare

On June 21, 1989, three men were executed in Shanghai two weeks after their arrests. The Xinhua News Agency reported that Bian Hanwu, Xu Guoming and Yan Xuerong were arrested, charged and convicted for sabotaging transportation. Upon rejection of their appeals by the Shanghai People’s High Court, they were executed. Again, Xinhua reported on January 26, 2003, the execution of Lobsang Dondrub, (who was found guilty of inciting a split in the country and illegally possessing firearms and ammunition), hours after his death sentence was approved by the Sichuan Province Higher People’s Court, despite an assurance to a US delegation …

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Police Violence In Brazil, Kyra Moon Jan 2009

Police Violence In Brazil, Kyra Moon

Human Rights & Human Welfare

“This was just the beginning. They want war, and they‟ll get war. The problem of trafficking will only be resolved with blood. It is the only language they understand.” This was the response of Mario Azevedo, chief delegate of the 21st police precinct in the Bonsucsso neighborhood in Rio de Janeiro, after drug traffickers killed three police officers. Three days after that assault, one hundred and twenty heavily armed police officers stormed into the Nova Brasilia favela (the Brazilian term for slum or shantytown) and killed thirteen residents, four of which were minors. Press reports initially described this incident in …

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Bill C-268: Minimum Sentences For Child Trafficking Needed, Benjamin Perrin Jan 2009

Bill C-268: Minimum Sentences For Child Trafficking Needed, Benjamin Perrin

All Faculty Publications

Under-aged girls as young as 12 years old are being subjected to sexual exploitation by traffickers according to a Criminal Intelligence Service of Canada (CISC); this is a pressing national problem, as organized crime networks are actively trafficking Canadian-born women and under-age girls within and between provinces and to the United States, destined for the sex trade. Law enforcement agencies are beginning to investigate and lay human trafficking charges under Canada’s Criminal Code s. 279.01 which carries a maximum term of imprisonment of 14 years, and up to life imprisonment if the accused kidnaps the victim, subjects them to aggravated …

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Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D'Angelo Jan 2009

Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D'Angelo

Vanderbilt Journal of Transnational Law

The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of Refugees (1951 Convention). The 1951 Convention established several important concepts as binding international law, including the requirements for refugee classification and the principle of non-refoulement. The duty of non-refoulement prohibits state-parties from expelling or returning a refugee in any manner whatsoever to the frontiers or territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion. According to the definition in Article 33, non-refoulement is applicable …

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The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane Jan 2009

The Cost Of Conflation: Preserving The Dualism Of Jus Ad Bellum And Jus In Bello In The Contemporary Law Of War, Robert D. Sloane

Faculty Scholarship

Much post-9/11 scholarship asks whether modern transnational terrorist networks, the increasing availability of catastrophic weapons to nonstate actors, and other novel threats require changes to either or both of the two traditional branches of the law of war: (i) the jus ad bellum, which governs resort to war, and (ii) the jus in bello, which governs the conduct of hostilities. Scant recent work focuses on the equally vital question whether the relationship between those branches-and, in particular, the traditional axiom that insists on their analytic independence-can and should be preserved in contemporary international law. The issue has been largely neglected …

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Making People Illegal: What Globalization Means For Migration And Law, Catherine Dauvergne Jan 2009

Making People Illegal: What Globalization Means For Migration And Law, Catherine Dauvergne

All Faculty Publications

This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The ‘core samples’ interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues …

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Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary Jan 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman Jan 2009

United States Detention Operations In Afghanistan And The Law Of Armed Conflict, Matthew C. Waxman

Faculty Scholarship

Looking back on US and coalition detention operations in Afghanistan to date, three key issues stand out: one substantive, one procedural and one policy. The substantive matter – what are the minimum baseline treatment standards required as a matter of international law? – has clarified significantly during the course of operations there, largely as a result of the US Supreme Court’s holding in Hamdan v. Rumsfeld. The procedural matter – what adjudicative processes does international law require for determining who may be detained? – eludes consensus and has become more controversial the longer the Afghan conflict continues. And the …

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Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman Jan 2009

Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman Jan 2009

Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman

Faculty Scholarship

The collective international failure to stop genocidal violence and resulting humanitarian catastrophe in Sudan prompts the familiar question of whether the United States or, more broadly, the international community has the political will and capabilities necessary to deter or stop mass atrocities. It is well understood that mobilizing domestic and international political support as well as leveraging diplomatic, economic, and maybe even military tools are necessary to stop mass atrocities, though they may not always be enough. Other studies have focused, therefore, on what steps the United States and its international partners could take to build capabilities of the sort …

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