International Humanitarian Law Commons^™

Reparations For Civilian Victims In Ukraine And Gaza: Legal Frameworks, Normative Debates, And Implementation, Chiara Giorgetti

Law Faculty Publications

Reparations for the victims of armed conflict and mass human rights violations are a cornerstone of international law. Yet, as recent conflicts in Ukraine and Gaza illustrate well, reparations remain a difficult subject and raise important questions regarding the scope of State responsibility, the rights of individual victims, and the availability of appropriate mechanisms for adjudicating claims. [...]

Time For A New War Crimes Commission?, Diane Marie Amann

Scholarly Works

This essay begins by exposing gaps in accountability in the wake of Russia’s full-scale invasion of Ukraine in 2022. It explains why neither the International Criminal Court nor any other body is authorized to pursue all the crimes of that war, and then considers whether a more comprehensive approach might be found in the United Nations War Crimes Commission. In its five years of operation  (1943–1948) that multilateral institution gathered information on tens of thousands of potential suspects, and helped to coordinate trials against many of them – not only the Nuremberg proceedings, but also in Allied zones of occupation …

Civilian Harm And Military Legitimacy: Evidence From The Battle Of Mosul, Benjamin Krick, Jonathan Petkun, Mara R. Revkin

Faculty Scholarship

The legitimacy of armed forces in the eyes of civilians is increasingly recognized as crucial not only for battlefield effectiveness but also for conflict resolution and peace building. However, the concept of “military legitimacy” remains under-theorized and its determinants poorly understood. We argue that perceptions of military legitimacy are shaped by two key dimensions of warfare: just cause and just conduct. Leveraging naturally occurring variation during one of the deadliest urban battles in recent history—the multinational campaign to defeat the Islamic State in Mosul, Iraq—we evaluate our theory using a mixed-methods design that combines original survey data, satellite imagery, and …

War Courts: Fdr, National Security, And The War On Terrorism, Harvey Gee

Dickinson Law Review (2017-Present)

No abstract provided.

The Transnationalisation Of Civil Society In East Asia’S War Redress Movement, Timothy Webster

Faculty Scholarship

Transnational human rights litigation is commonly associated with developments in Europe and the Americas during the 1990s. But Asian actors have used legal mobilisation to hold corporate actors to account since at least the 1970s. This chapter charts the first usages of transnational litigation in East Asia’s Word War II redress movement, akin to the Holocaust Restitution movement of the West. Korean and Chinese forced labourers liaised with Japanese attorneys, activists and academics to press compensation claims against Japanese corporations for wartime human rights abuses in Tokyo. Legal mobilisation did not succeed in the traditional sense. Yet, the formation of …

The Geneva Conventions At 75: An Argument That New Legal Authority Is Needed To Fill Critical Gaps, Sandra Hodgkinson

Case Western Reserve Journal of International Law

For seventy-five years, the Geneva Conventions have served as the gold standard of treatment for military forces that take part in hostilities. However, modern developments on the battlefield, including the rise of non-state actors in today’s conflicts, have exposed gaps in the Geneva Conventions that require new legal authority. States should pursue avenues to fill these gaps with binding new legal authority, as well as continue the development of customary international law, and soft-law projects. (Abstract from author.)

‘Preventing Births’ As A Gender-Neutral Harm: Making Sense Of Reproductive Violence In South Africa’S Genocide Case Against Israel, Heidi Matthews

Articles & Book Chapters

Abstract In its genocide case against Israel at the International Court of Justice, South Africa alleges that, in the period since October 7, 2023, Israel has imposed measures intended to prevent births within the Palestinian group in Gaza. To the extent that South Africa’s case for ‘preventing births’ relies on the traditional framing of reproductive justice, wherein violations are conceptualized in terms of restrictions on reproductive (read: women’s) health and capacity, it risks advancing the human rights of ‘women and children’ at the expense of a more progressive development of the law of genocide. This article uses the ongoing genocidal …

International Claims Commissions As Reparations, Chiara Giorgetti

Law Faculty Publications

Breaches of international law have consequences. Under the Articles on the Responsibility of States for Internationally Wrongful Acts, the international responsibility of a state triggered by its internationally wrongful acts entails specific legal consequences, including the obligation to provide“full reparation” for the injury caused. However, obtaining reparations in the current international legal system often proves difficult. Existing international courts and tribunals often lack the jurisdiction to provide full reparations, especially when there are multiple and complex violations that caused injuries to numerous and diverse parties. International claims commissions can be effective instruments to provide reparations in such circumstances, including in …

Book Review, Rumyana Van Ark Et Al., Children’S Rights, ‘Foreign Fighters’, Counter-Terrorism: Children Of Nowhere (2024), Mark A. Drumbl

Scholarly Articles

The focus of Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism: Children of Nowhere is on foreign fighters who join terrorist groups, ISIS, and other entities engaged in armed conflict in Syria and Iraq. Counterterrorism measures, and the threats of terrorist attacks, have triggered a degradation and distortion of law. I have noted this following the 9/11 attacks and the concomitant refusal to treat children associated with terrorist groups as protected child soldiers. Whereas child soldiers in distant African conflicts are largely seen in the centers of global power as ‘faultless, passive victims’ of a pathological society, child terrorists taken as disruptive of …

Blockchain: A Practical Solution To Monitor Corporate Supply Chains, Gaige J. Graham

Wyoming Law Review

The persistence of human rights abuses within the Democratic Republic of the Congo (DRC)—particularly in the cobalt mining industry— underscore the failure of international labor protections and corporate due diligence. Despite the International Labor Organization and United Nations Guiding Principles on Business and Human Rights (Ruggie Principles), corporations continue to profit from child labor, forced labor, and unregulated artisanal mining. Existing accountability mechanisms, reliant on state enforcement and voluntary corporate compliance, have proven inadequate to address these labor issues. This Comment argues that blockchain technology offers a practical, scalable solution for supply chain transparency, capable of mitigating labor rights violations …

It’S Not Too Late For States Parties To Fulfill The Promise Of The International Criminal Court: Three Actions They Should Take Now, Leila Nadya Sadat

Scholarship@WashULaw

What to do about a world in which atrocity crimes appear to be occurring with increasing and alarming frequency? Wars are prosecuted using scorched earth tactics that involve the commission of war crimes and crimes against humanity, credible allegations of genocide have been leveled at States in several corners of the globe, and acts and wars of aggression, which will be the subject of discussion at the upcoming International Criminal Court (ICC) Review in July, are on the rise.

The United Nations and other international institutions seem powerless to prevent or contain the violence, and the ICC, which was created …

The Click-And-Commit World Order, Melissa (M.J.) Durkee

Scholarship@WashULaw

This essay explores the rise of a new model of global governance: the “click-and-commit world order,” characterized by digitally mediated pledging platforms through which a wide array of actors—states, corporations, cities, NGOs, and individuals—publicly commit to addressing global problems through non-binding promises. In contrast to traditional treaty-making, these pledging platforms offer a decentralized, voluntary framework for international cooperation that relies on public declarations rather than negotiated obligations.

Within the U.N. system, this mode of governance developed within the United Nations Global Compact and the Paris Climate Agreement, where bottom-up pledges were institutionalized within formal and informal international structures. The internet …

Synthetic Media As A Risk Factor For Genocide, Fatemah Albader

Journal of Law, Technology, & the Internet

The rise of artificial intelligence and machine learning has introduced synthetic media—AI-generated images and videos—as a transformative tool in international law. While these technologies can enhance documentation, advocacy, and awareness in conflict zones, they also pose serious risks when misused to incite violence or genocide. This Article explores the dual nature of synthetic media, focusing on its capacity to inflame ethnic tensions, spread disinformation, and manipulate public perception in ways that can catalyze mass atrocities. Drawing on historical examples and recent events, it highlights how synthetic media can function as a risk factor for genocide, especially in volatile environments, and …

An Analysis Of The Russo-Ukrainian War, Daniel Braslavsky

Dissertations and Theses

This thesis is a deep analysis of Russia’s aggression against and full-scale invasion of Ukraine, commonly referred to as the Russo-Ukrainian War. This is the largest conflict in Europe since WWII with devastating implications for Europe and the world. First it examines the root causes and political ideologies at play to understand why Vladimir Putin decided to launch his invasion in the first place. Then it puts together a chronological history of the war broken up into the post-Euromaidan period including the Russian annexation of Crimea and war in the Donbas (2014-22), and Russia’s full-scale invasion (2022-present). Next it reviews …

Beyond The Threshold Of Protection: Examining Non-Refoulement's Erosion In Contemporary Refugee Law Through The Eu-Turkey Agreement, Aya Osman

Dissertations and Theses

This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration …

Worker Protection Or Commercial Facilitation: The British Empire, Labor Governance And The Gradual Invisibilization Of Labor Coercion During The Age Of High Imperialism, Christopher Roberts, Michelle Ong

Seattle Journal for Social Justice

This article considers labor governance and coercive labor practices in the British Empire between the late nineteenth and early twentieth centuries. In particular, it focuses its attention on several major commissions of inquiry undertaken around the British Empire in the period, as well as reforms that took place alongside those inquiries. In part, the article concludes these reforms were motivated by protective purposes, demonstrating some degree of genuine concern with workers’ well-being. More significantly, however, it finds these reforms were motivated by British imperial desire to ensure stable labor supplies, enhance the legitimacy of the British Empire, and establish more …

The Feminicide Epidemic In Brazil: An Analysis Considering The Convention Of Belém Do Pará And The Rome Statute, Suzana Coelho Da Silva

Human Rights Brief

Gender-based violence against women is an issue little discussed both in academia and in various sectors of society. Men in positions of power block any attempts by women to be observed in places of influence and visibility, reflecting a patriarchal society that sees women as inferior, fragile beings incapable of exercising functions that requires intelligence, strength, and rationality.

Upholding The Absolute Prohibition Of Torture: Afchpr On Detention In Tanzania, Aly Orvis

Human Rights Brief

On September 3, 2024, the African Court on Human and Peoples’ Rights (AfCHPR) rendered its decision in Habyalimana Augustino and Muburu Abdulkarim v. United Republic of Tanzania. The case involved two Burundian nationals who, as refugees in Tanzania, were implicated in a murder-for-hire scheme. This scheme was allegedly orchestrated by Mama Mboya—the wife of a high ranking commanding officer who suspected the victim of having an affair with her husband. Convicted in 2007, the applicants were sentenced to death by hanging. In their petition to the AfCHPR, they argued that they had been subjected to torture and inhumane conditions at …

How Pretrial Detention Deprives A Child’S Access To Education: The Convention On The Rights Of The Child And The Juvenile Justice Reform Act, Abby Groetsch

Human Rights Brief

Although the United States (“U.S.”) has not ratified the Convention on the Rights of the Child, which specifically outlines the rights of juvenile defendants, the Supreme Court’s interpretation of the Fifth and Fourteenth Amendments provides implicit rights for children accused of criminal acts. In 1967, the Supreme Court decided In re Gault, definitively establishing that the Due Process Clause of the Fourteenth Amendment applied to juvenile defendants. The Supreme Court has also stated that children should be treated differently than adults, outlining different sentencing requirements for crimes committed while a person is under the age of eighteen.

Humanitarian Interventions On The Crossroads Of Legality And Legitimacy, Asya Gasparyan

Human Rights Brief

In an era marked by persistent geopolitical conflicts and recurring human rights crises, the discourse surrounding humanitarian interventions (“HI”) and the role of the United Nations in this complex arena is of paramount importance. The pressing need to address mass atrocities, including ethnic conflicts and political unrest, highlights the legal and moral dilemmas associated with humanitarian interventions.

Foreword: The Geneva Conventions At 75: Need For Innovation, Michael P. Scharf, Annalie Buscarino

Case Western Reserve Journal of International Law

No abstract provided.

White Paper On The Need To Strengthen International Humanitarian Law To Address The Challenges Of 21st Century Warfare, Cleveland Experts Meeting

Case Western Reserve Journal of International Law

"On the seventy-fifth anniversary of the Geneva Conventions, thirty leading experts in the field of IHL from around the world gathered at Case Western Reserve University School of Law in Cleveland, Ohio, on September 26, 2024, to discuss whether there is a need to strengthen IHL to address the challenges of 21st century warfare, and how that could best be accomplished. The experts participated in three follow-up meetings over Zoom on October 31, November 7, and November 14, 2024. The participating experts are listed at the end of this document. The experts participated in their personal capacity; the views expressed …

Autonomous Weapons Systems And The Need To Update International Humanitarian Law?, Milena Sterio

Case Western Reserve Journal of International Law

This Article discusses whether the relevant rules of International Humanitarian Law (IHL), and in particular, the 1949 Geneva Conventions and their 1977 Additional Protocols should be updated in order to develop a clearer framework regarding the permissibility and legality of the use of Autonomous Weapon Systems (AWS) in armed conflict. This Article first discusses the existing Geneva Conventions and Additional Protocols’ rules applicable to the use of all weapons, including AWS. Next, this Article discusses possible ways of reshaping and reconceptualizing IHL in order to adapt its current rules or to develop new rules that would better regulate the use …

The Geneva Conventions At 75: Need For Innovation (Keynote Address), John Bellinger

Case Western Reserve Journal of International Law

No abstract provided.

Cyberbullying As A Contemporary Human Rights Violation Of Youth In Digital Media: A Study Of India, Brazil, And South Africa, Laura Ferla Tuma

American University International Law Review

The COVID-19 pandemic facilitated a technological migration not only among adults but also among children and adolescents. Digital media became the alternative for young individuals to maintain their activities, especially school-related ones. They shared virtual classrooms, used the internet for entertainment, and were forced to socialize exclusively in digital environments for months. Connected time increased, and the world witnessed a new phenomenon: hyperconnectivity.

Holding Out For Better Weather: Foreign Aid And The Principle Of Humanity In Armed Conflicts And Natural Disasters, Nicholas Schwartz

American University International Law Review

This Comment examines the doctrines of international humanitarian law and international disaster response law, two different sets of rules that govern the same situation: humanitarian concerns in the wake of a large-scale cataclysm. International humanitarian law is as old as history itself and has a stout body of law, both in terms of treaties and recognized customary international law. International disaster response law has only crystallized as a concept over the last two decades and is underdeveloped and largely unacknowledged.

Foreign aid, implored by the principle of humanity, is critical to assisting the plight of populations when a domestic government …

La Interculturalidad Como Estrategia Para Contribuir A La Igualdad Y No Discriminacion De Los Pueblos Originarios En El Derecho A La Educacion Superior: El Caso De Argentina, Julian Ariel Madrid Moreno

American University International Law Review

Argentina es un país que se ha comprometido a cumplir diferentes tratados internacionales de derechos humanos, sin embargo, desde hace muchos años, y con mayor intensidad en el presente, existe desigualdad y discriminación racial en la educación superior Argentina. En un reciente informe elaborado por la Organización de las Naciones Unidas para la Educación, la Ciencia y la Cultura (UNESCO) demuestra que el mencionado país no está garantizando ni fomentando herramientas suficientes para que los pueblos originarios puedan acceder a la educación superior de manera igualitaria y sin discriminación, menoscabando gravemente sus derechos fundamentales.

Talking Foreign Policy: "75th Anniversary Of The Geneva Conventions", Talking Foreign Policy (Radio)

Case Western Reserve Journal of International Law

"Michael Scharf: Welcome to “Talking Foreign Policy,” the quarterly radio show and podcast produced by Case Western Reserve University and Ideastream Public Media.2 I’m your host Michael Scharf, Dean of Case Western Reserve University School of Law.3 Today we’re going to be talking about the need to update the seventy-five-year-old Geneva Conventions on the Law of War in light of the twenty-first century developments related to autonomous weapons, cyber warfare, and space war, as well as responding to modern-day terrorist groups. I’ve assembled an allstar panel of experts for today’s conversation."

Penggunaan Unconventional Weapons Dalam Konflik Bersenjata Modern, Fadhillah Wahid Pramudya Aldiansyach

Jurnal Hukum & Pembangunan

The use of unconventional weapons such as cluster munitions, white phosphorus, nuclear weapons, artificial intelligence-based autonomous systems (AI/LAWS), and military neurotechnology is increasingly dominating modern armed conflicts. The characteristics of these weapons, particularly their widespread effects, uncertainty of control, and potential for automatic escalation, can pose serious challenges to the application of the principles of distinction and proportionality in International Humanitarian Law (IHL), especially when used in densely populated areas. The modernization of nuclear systems, the accelerated integration of AI into military command, and the emergence of neurotechnology indicate a regulatory gap that could potentially undermine humanitarian protection. This study …

Bridging Movement Lawyering & International Human Rights Advocacy, Citlalli Ochoa

Scholarly Works

The human rights field is often criticized for its lack of enforcement and implementation, lawyering methodologies, and its roots in imperialism, exceptionalism, and Eurocentric values. In response to some of these critiques, human rights scholars and advocates have embraced more grassroots approaches that in many instances resemble the movement lawyering methodologies employed in social justice advocacy in the United States. In the same way that movement lawyers have centered impacted communities and engaged in long term, coordinated legal and political advocacy to achieve normative change, human rights advocates have used the international human rights framework to exert political pressure, facilitate …