International Humanitarian Law Commons^™

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

What’S In A Name? Much Ado About “War-Sustaining” Objects, W. Casey Biggerstaff

International Law Studies

Recent conflicts have renewed the long-running debate over the legality of attacking economic objects under the law of armed conflict. Within that discourse, observers frequently frame the controversy in relation to an abstract U.S. “war-sustaining” position. Critics often characterize the United States as advancing a distinctive and overly permissive interpretation of military objectives that allegedly departs from the targeting criteria set forth in Article 52(2) of Additional Protocol I. This article challenges that characterization. It concludes that the United States does not apply a separate “war-sustaining” lex specialis to economic objects. Rather, U.S. practice reflects a contextual application of Article …

International Law Situations: Economic Warfare At Sea, Raul (Pete) Pedrozo

International Law Studies

This Situation examines what measures belligerents may take against enemy and neutral merchant ships at sea during an international armed conflict. Operation Epic Fury serves as the backdrop to demonstrate the applicability of economic warfare during international armed conflict at sea. Iranian-flagged and Guyanese-flagged vessels are operating in service of the Iranian economy and war effort. These ships may be captured as part of U.S. economic warfare against Iran.

International Law Situations: Blockade, Raul (Pete) Pedrozo

International Law Studies

This Situation examines the right of belligerents to establish and enforce a blockade and the right to conduct visit and search of enemy and neutral merchant ships globally outside neutral waters.

Fixing Our Borders Of Injustice: The Fall Of Chevron Brings New Hope For Gender-Based Violence Asylum, Lara Mcleod

Catholic University Law Review

The Immigration & Nationality Act (INA) governs U.S. immigration law and was enacted to assist and protect international refugees from persecution and threats to life or freedom. The primary legislative purpose of the INA was to conform U.S. asylum law to international standards established in the 1967 Refugee Protocol. This Comment will critically examine the former Biden Administration’s June 2024 Proclamation on Securing the Border, illustrating how the Proclamation’s deterrence-based policies failed to meet the United States’ protective obligations under both international and federal law standards and underscored the inherent flaws of the Executive Branch’s enforcement of U.S. asylum law, …

Treatment Of Different Non-State Actors In Detention: A Legal, Moral, And National Security Analysis, Alison P. Raedel

Senior Honors Projects, 2020-current

This thesis analyzes state behavior regarding the treatment of non-state actors through three major frameworks: international law, ethical theory, and national security. Two cases are compared: the treatment of al-Qaeda detainees by the United States after the attacks of September 11th, 2001, and the treatment of the Angolan liberation movements by the Portuguese during the Angolan War of Independence. These cases were chosen to assess how the three frameworks apply across different non-state actors, which include terrorist organizations and liberation movements. International law provides a baseline for rights and protections, but it is often selectively interpreted. Just war theory gives …

Upr Report Submissions: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dàvila A., Lauren E. Bartlett

Faculty White Papers

This unofficial summary compiles information from reports submitted by civil society and others for the Fourth Cycle of the Universal Periodic Review of the United States.

The authors reviewed the submissions, which are reports from civil society and others, and grouped issues thematically, using the 2020 UPR themes and recommendations as the organizing framework. Within each theme, the authors synthesized recurring issues, patterns, and concerns identified across multiple submissions. For each issue, the unofficial summary follows a structured approach that presents international obligations first, followed by United States domestic law, and then facts drawn from the submissions. However, where reports …

An Analysis Of Global And Regional Human Rights Standards On Gender-Based Violence, Tamar Ezer, R. Denisse Córdova Montes

Seattle Journal for Social Justice

No abstract provided.

The Rodrigo Duterte Case At The International Criminal Court: Towards The Erosion Of States’ Right To Withdraw From The Rome Statute?, Giovanni Chiarini Dr

Indonesia Law Review

The Rodrigo Duterte case raises complex questions concerning the interpretation of Article 127 of the Rome Statute (RS), particularly regarding its statutory limits relating to the one-year window governing the effects of withdrawal, as well as the interpretation of the procedural identity of the preliminary examination. This paper is divided into two parts: the first briefly outlines the procedural history of the war on drugs case from 2016 to 2024; the second analyses the dissenting opinion concerning the interpretation of Article 127 RS and explores the key developments from 2025 to 2026, focusing on the main issues raised by the …

Female Genital Cutting In American Foreign Policy – Proposal For Harm Reduction, Charlotte Racine

Bates College Journal of Political Studies

Female Genital Cutting/Mutilation (FGC/M) has gained international attention as an issue of human rights and violence against women and girls. The United States, as a leading world power, has openly opposed its practice and actively condemns it in communities and countries of the Global South, yet it fails to oppose or condemn as staunchly identical procedures within its borders. The simultaneous condemnation of FGC when it occurs in “undeveloped” countries and acceptance of American procedures like cosmetic genital modification surgeries, male circumcision, and “corrective” surgeries on intersex infants produces a narrative of cultural superiority and imperialism that harms the international …

La Qualification Du Génocide À Gaza : Portée Juridique Et Enjeux Internationaux, Farah Safi

Proche-Orient, Études juridiques

Genocide embodies the ultimate transgression of international law and exposes the limits of its effectiveness. Based on the 1948 Convention, its legal framework rests on two constitutive elements, – material and mental – whose interaction determines the recognition of the crime. Recent jurisprudence and contemporary cases in Gaza highlight the tension between legal clarity and political failure. Beyond punishment, prevention and the duty to ensure respect for international humanitarian law emerge as the core challenges of a system in crisis, where the survival of law now depends on its capacity to restrain power. This confrontation raises a fundamental question about …

La Neutralité : Notion De Droit International Et Positionnement Politique De L’Etat, Aida Azar

Proche-Orient, Études juridiques

In international law, the concept of neutrality refers to the situation of a State that intends to remain uninvolved in armed conflicts. It is linked to the law of war and follows a specific legal framework that includes rights granted to neutral countries as well as duties imposed upon them, primarily abstention and impartiality. However, neutrality can be dissociated from war and can consist, in times of peace, of avoiding any actions that could draw a State into a conflict or a dispute between foreign powers. In such cases, it corresponds to a political stance of the State. Whether it …

What Bombs Cannot Occupy: Memory, Heritage, And War In Ukraine, Dalton D. Conden

The Penguin Review

Air-raid sirens have become part of the daily soundscape in Ukrainian cities. They interrupt meals, classes, conversations, and sleep. When they blare, people gather what they can and move quickly sometimes to shelters, sometimes to basements, sometimes nowhere at all. Families lock their doors without knowing whether they will ever turn the key again. Children carry backpacks filled with whatever seemed important in the moment: a photograph, a stuffed animal, a book pulled hastily from a shelf. Around them, buildings that once anchored everyday life—churches, museums, historic neighborhoods— have been damaged or destroyed.

A Tale Of Two Credits: The Post-Nestlé Alien Tort Statute And Carbon Credit Externalities, Stephanie Mao

Northwestern University Law Review

As companies increasingly embrace carbon-neutrality commitments, many rely on the voluntary carbon market to offset their emissions rather than reduce them directly. Regulatory and consumer scrutiny has focused on the widespread use of “phantom” carbon credits, i.e., credits that fail to produce meaningful climate benefits. But less attention has been paid to what this Note terms “colonial” carbon credits: those that may technically reduce emissions but do so at the expense of communities abroad. These projects may contribute to land dispossession, human rights abuses, and threats to public and environmental health. Yet, current regulatory and legal frameworks, with their focus …

Battlefield Uncertainties And The Use Of Ai, Tsvetelina Van Benthem

International Law Studies

This article explores the relationship between uncertainty in armed conflict, the use of artificial intelligence (AI), and the content of international law. It first provides a review of different types of conflict-related uncertainty, both internal to the party to conflict and external, and considers the interaction between these existing uncertainties and the use of AI. In so doing, it also explores the new uncertainties that can be introduced through AI. Second, it analyzes national submissions on military uses of AI and autonomous weapons to outline the uncertainties raised by States and their relevance for regulatory approaches to the use of …

Gender-Based Violence And Botswana's Constitutional Failure To Protect Women's Rights, Cameron Mcdonald

Immigration and Human Rights Law Review

Gender-based violence (“GBV”) remains a pervasive human rights issue throughout Botswana. When it comes to gender equality, Botswana’s dual constitutional and customary legal system is a paradox. Despite its commitment to equality and nondiscrimination, Botswana’s Constitution allows customary courts to discriminate freely to preserve traditional practices that disadvantage women. These traditional practices affect women’s right to property, inheritance, marriage, legal representation, and personal safety. Customary law continues to constrain women’s right to economic autonomy and access to justice, leaving many women dependent on the men who abuse them. As a result, many Batswana women experience structural discrimination in both their …

Technology-Based Challenges To The Law Applicable To Trade Interdiction During Armed Conflict At Sea: The Law Of Naval Warfare And Convoy Operations, Rob Mclaughlin

International Law Studies

The practice of convoy involves the concentration of a group of merchant vessels under the control and direction of warships and military aircraft for the purpose of protecting it from belligerent capture or attack. The practice has often been described as obsolete, but asserting the demise of the convoy has been as regular as it has been premature. It is fitting that this operational practice be subject to an updated legal treatment and identification of new legal challenges. This article seeks to reassess the law applicable to convoys based on the consequences of certain post-1945 technological developments. It notes that …

Armed Conflict: Addressing Violations Against Children's Human Rights, Noelia Torres Guillen

Posters - 2026

• Research question: How has armed conflict violated children's human rights, and how have international legal frameworks been effective in addressing these violations?

• The CRC sets the standard international definition, which defines a child as every human being below the age of eighteen years

• There are six grave violations: Killing and maiming of children, the recruitment or use of children as soldiers, sexual violence, abduction, attacks against schools and hospitals, and denial of humanitarian access for children.

• Argument (thesis): Although there are several legal instruments implemented to protect children's human rights during armed conflict, children are still …

Three Paths To Justice: Comparing Feminist Strategies Against Gender-Based Violence In East Asia, Ashley Chon

The Dialogue

No abstract provided.

Beyond The Loop: Accountability And The Legal Abyss Of Autonomous Weapon Systems, Ahmad Khalil, Anandha Krishna Raj S

Indonesian Journal of International Law

The emergence of autonomous weapon systems (AWS) poses unprecedented challenges to international humanitarian law (IHL), particularly in relation to criminal responsibility. This article critically examines the existing legal vacuum concerning accountability for violations committed by AWS in the context of armed conflict. By analyzing the fluid and evolving nature of military autonomy and the consequences of removing human oversight from lethal decision-making processes, the article undertakes an in-depth assessment of international criminal law (ICL) mechanisms, including direct and command responsibility. It demonstrates the inadequacy of established legal doctrines to attribute criminal liability to designers, programmers, operators, or commanders when AWS …

Closing The “Extreme Circumstances” Gap: The Legality Of Nuclear Weapons When The Survival Of A State Is In Question, Christopher J. Hart

International Law Studies

There is a gap at the heart of the law governing the use of nuclear weapons. Repeated threats by Russian leaders to use nuclear weapons against Ukraine highlight the urgency of closing this gap. This article reviews the central holding of the 1996 International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons. The article focuses on the controversial “extreme circumstances” clause, in which the ICJ stated that it could not determine the legality of using nuclear weapons when the survival of a State was in question. This left open the questions …

The Section 301 Surge Continues: Investigating The Adoption/Enforcement/Administration Of Forced Labor Import Bans, Desiree Leclercq

Faculty Datasets

This blog post critiques the March 12, 2026, announcement by the Office of the U.S. Trade Representative (USTR) launching a sweeping Section 301 investigation into 60 economies—including the European Union, Canada, and Mexico—for failing to effectively prohibit forced labor imports. While the U.S. claims these regulatory failures harm domestic commerce, the author argues that the investigation highlights deep flaws in American trade governance. Specifically, the critique outlines four primary deficiencies in the U.S. approach: inadequate Customs and Border Protection (CBP) procedures lacking independent oversight, a dramatic decline in CBP enforcement actions, mistargeted pressure against the EU despite its superior evidentiary …

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Zivotofsky V. Kerry Commentary From The Counsel Behind The Case, Jewish Law Students Association (Jlsa), Jewish Graduate Student Initiative (Jgsi)

2025–2026 Flyers

Join Alyza Lewin, President of Us Affairs for Combat Antisemitism Movement, and Akiva Shapiro, partner at Gibson, Dunn & Crutcher LLP, as they share their experience litigating the landmark Supreme Court case Zivotofsky v. Kerry before the Supreme Court. In Zivotofsky, the court ruled that only thе president has the exclusive power to formally recognize a foreign sovereign and its territorial boundaries. This case paved the way for president Donald J. Trump to declare Jerusalem as Israel’s capital.