International Humanitarian Law Commons^™

Children’S Rights At The United States-Mexico Border: Is The United States Of America Breaking International Laws?, Avery Anderson

Immigration and Human Rights Law Review

The treatment of migrant children at the United States-Mexico border has become a contentious issue worldwide. International human rights frameworks set certain standards for the treatment of migrant children, and there are growing allegations that the United States has violated international legal obligations due to its inadequate detention conditions. This article argues that while the United States is not explicitly violating international treaties due to specific reservations, its border policies are in direct contradiction with global norms for the humane treatment of children. Through a review of the legal obligations under customary international law and international treaties, this article highlights …

Kabwe’S Crisis: Toxic Lead Waste Poisoning Zambia’S Children, Jasmyn Hardin

Immigration and Human Rights Law Review

Kabwe, Zambia is among the most polluted cities, the result of nearly a century of lead mining and smelting. Despite the mine’s closure in 1994, an estimated 6.4 million tons of lead-contaminated waste continues to expose thousands of children to life-altering—and often irreversible—health consequences. This Article examines the Zambian government’s failure to remediate the environmental harm and protect children’s rights, analyzing both domestic legal obligations and international human rights treaties. It argues that the State’s pursuit of economic gain through continued lead processing has come at the expense of safeguarding the right to health and a healthy environment. Through an …

When Love Is Not Enough: The Muñoz Decision And The Erosion Of Family Unity In U.S. Immigration Law, Katerina Fernandez

Immigration and Human Rights Law Review

The Supreme Court’s decision in Department of State v. Muñoz marks a significant shift in U.S. immigration law, reinforcing the doctrine of consular non-reviewability and weakening long-standing protections for family unity. Historically, marriage and family have been recognized as fundamental rights; yet, Muñoz limits judicial oversight of visa denials, allowing for indefinite separations between U.S. citizens and their non-citizen spouses. This piece examines the ruling’s legal and human rights implications, its parallels to family separation policies, and its potential to justify future erosion of parental rights in immigration enforcement. It also examines possible legal avenues to challenge arbitrary family separations, …

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato

2025–2026 Flyers

On the anniversary of the UN Declaration on the Rights of Indigenous People (UNDRIP), this discussion address its crucial role in reshaping indigenous rights across Americas.

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato

2025 Event Invitations

Guest Speaker: Fernanda Frizzo Bragato - Professor of Law at the Federal University of Rio Grande do Sul (UFRGS) and a CNPq-funded researcher.

On the anniversary of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), this discussion addresses its crucial role in reshaping Indigenous rights across the Americas. Adopted in 2007, UNDRIP marked a historic shift by affirming Indigenous peoples’ right to self-determination, autonomy, and free, prior, and informed consent (FPIC) — challenging centuries of assimilationist policies. Yet, 17 years later, gaps persist. While UNDRIP inspired regional frameworks like the 2016 OAS Declaration, its promises often clash …

Ai Enabled Autonomous Weapons And Human Control: Part Iii: Human Control And System Operators, Lena Trabucco

International Law Studies

This article is the third installment of a three-part series on AI-enabled weapons and human control. Artificial intelligence (AI) is shaping debates about military technology by challenging the role of human decision-making in the use of autonomous weapon systems (AWS). This article argues that effective governance of AI-enabled AWS requires moving beyond narrow conceptions of “meaningful human control” and instead recognizing a network of embedded human judgment throughout the weapon system’s lifecycle. This article focuses on the operator stage, examining the unique role of operators through guiding, observing, and terminating deployed AWS. Drawing on policy debates, doctrinal frameworks, and empirical …

Ai-Enabled Autonomous Weapons And Human Control: Part Ii: Human Control And Military Commanders, Lena Trabucco

International Law Studies

This article is the second installment of a three-part series exploring human control throughout the entire life cycle of an autonomous weapon system (AWS). The series aims to understand the decision-making process and identify key decision-makers to see how human judgment is embedded into an AWS's parameters. Each article in this series focuses on a different stage of the life cycle. The first article discussed the roles and responsibilities of software developers and designers during the design and development phase. This article looks at the role of commanders in decision-making related to AWS deployment. The third article in the series …

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk

2025 Event Invitations

As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.

Ai-Enabled Autonomous Weapons And Human Control: Part I: Human Control And Machine Learning Design And Development, Lena Trabucco

International Law Studies

At the center of the emergence of artificial intelligence (AI) and autonomous weapon systems (AWS) is the challenge of human control. AI has the potential to reshape the boundaries of military capabilities. In particular, the increasing sophistication of AWS necessitates a deep examination of the balance between machine autonomy and the role and requirements of human decision-makers. In pursuit of this balance, the concept of meaningful human control emerged. It is a concept born of necessity and offers a platform to reexamine and redefine the scope of human involvement in critical and time-sensitive decision-making. MHC has become a defining feature …

Reclaiming Interpretation: Psgs, Asylum Law, And The Post-Loper Bright Landscape, Andrew Elkins

Michigan Journal of Environmental & Administrative Law

The Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo marked the end of Chevron deference, reshaping the framework that courts must use when reviewing agency interpretations of statutes. This Note examines the consequences of that doctrinal shift in the context of U.S. asylum law, where statutory ambiguity and agency discretion have long played a central role. Focusing on the “particular social group” (PSG) ground for asylum, this Note argues that Loper Bright requires courts to reclaim primary responsibility for interpreting asylum statutes. It analyzes how Chevron deference previously empowered the Board of Immigration Appeals to issue binding interpretations …

Proportionality: Can’T Live With It But Can’T Live Without It, Geoffrey S. Corn

International Law Studies

Perhaps no other word in the international humanitarian law lexicon evokes more interest and emotion than proportionality. How States implement the rule of proportionality is perhaps the most hotly debated aspect of international humanitarian law. The indeterminate nature of the rule allows for its meaning to conform to whatever its reader wants it to mean. This is a consequence of the variables related to key provisions of the rule: How do we assess military advantage? What makes an anticipated military advantage “concrete and direct”? And most problematic of all, what is the meaning of the term “excessive”? All of these …

The Legitimacy Of The Use Of Force In Wars Of Liberation: The Palestinian People's Struggle As A Case Study, Mohamad Abdulrahim

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research addresses and analyzes the legality of the use of force in liberation wars waged by peoples suffering under the rule of colonialism, regimes of racial discrimination or foreign domination. This use is one of the four exceptions to the principle of prohibiting the use of force enshrined in Article 2, Paragraph 4 of the United Nations Charter which legalize the use of force in International Law. The first exception is the Security Council taking measures using force according to Article 42 of the Charter, the second exception is the right of self-defense according to Article 51 of the …

Arts & Literature: The Destruction Of Smyrna In 1922: A Conversation With Petros Pourliakas, Author Of Salty Silk, Petros Pourliakas

Genocide Studies and Prevention: An International Journal

In 1922, the once-cosmopolitan city of Smyrna—modern-day Izmir—was engulfed in flames, marking the end of a centuries-long Hellenic presence in Asia Minor. The catastrophe, which followed the Greco-Turkish War and occurred amidst the collapse of the Ottoman Empire, resulted in the deaths of tens of thousands and the displacement of hundreds of thousands more. In his 2022 book Salty Silk, Greek author Petros Pourliakas recounts the tragedy, focusing on the humanitarian heroism that emerged in the midst of horror. I spoke with Pourliakas about his research, the moral complexities of recounting a national trauma, and the legacy of a …

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

Report Of The Special Rapporteur On The Implications For Human Rights Of The Environmentally Sound Management And Disposal Of Hazardous Substances And Wastes, Marcos Orellana - Military Activities And Toxics, Marcos Orellana

PEEL Faculty Scholarship

Implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

Note by the Secretary-General

The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, in accordance with Human Rights Council resolution 54/10.

An Exhibition And Protest Of Executions In Iran, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

An exhibition and protest of executions in Iran was held in Washington, D.C. in June 2025. Portraits of 2000 men and women who were killed or executed in Iran since the 1980s were displayed on the National Mall in front of the Capitol. The Iranian Resistance estimates that 30,000 activists were massacred in one period in 1988. Executions of prisoners have continued steadily, making Iran the world’s leading executioner of men and women. In recent years, there has been a sharp escalation in the number of executions of prisoners. A United Nations Special Rapporteur reported that over 800 persons were …

The Historic Advisory Opinion On Palestine: An Overview Of Indonesia's Submissions And The Way Forward, Indra Rosandry, Aloysius Selwas Taborat, Kadek Denny Baskara Adiputra

Indonesian Journal of International Law

On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends …

Artificial Intelligence And Autonomous Systems In Warfighting At Sea, Nicholas Kadlec

International Law Studies

Much of the debate surrounding the military use of artificial intelligence (AI) tends to focus on lethal autonomous weapons systems. Those are systems that, once activated, can select and engage targets without further human intervention; sometimes pejoratively called “killer robots.” Moreover, debates often focus on their use and risks in land warfare. This land-warfare focus tends to invoke questions about the systems’ ability to distinguish between combatants and civilians on urban battlefields and the potential for mistakes. Legal debates about the lawfulness of AI and lethal autonomous weapons systems in warfare similarly tend to focus on land warfare and thus …

The Jurisdiction Of The International Criminal Court Over The Killing Of The Reporter Of Al-Jazeera Shereen Abu Aqleh, Rezeq Salmoodi, Mahmoud Al-Qarem, Ibrahim Khalid Yahya

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This research dealt with the issue of the jurisdiction of the International Criminal Court over the murder of the journalist Shireen Abu Aqleh in Jenin on Wednesday morning, May 11, 2022. In this regard, the research addressed the various and possible scenarios in the issue of criminal jurisdiction in both its formal and objective aspects in terms of overlap, parallelism and separation between national and international criminal jurisdiction as well as the International Criminal Court’s jurisdiction on the case in question. All of this was derived from the research problem represented by the conflict of criminal jurisdiction in the case …