International Humanitarian Law Commons^™

Beyond The Legal Black Hole: Hyper-Legality, Deferral, And Detention In Northeast Syria, Grace T. Harmon

Theses and Dissertations

This thesis examines the detention of suspected ISIS affiliates and their family members held in facilities administered by the Kurdish-led authorities in North-East Syria. Thousands of foreign nationals remain detained without trial, without repatriation, and in conditions widely criticized as inhumane. Existing scholarship and political discourse often describe these facilities as legal voids, limbo, or black holes where law has broken down or ceased to apply. This thesis challenges that characterization. Rather than existing outside the law, the facilities are governed through overlapping frameworks of international humanitarian law, international human rights law, counterterrorism security resolutions, and domestic laws. I argue …

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 …

How The Sui Generis Principle Has Been Historically Abused In International Law: From The British To The Israelis, Ahmad Hamdan

Human Rights Brief

I. Introduction

For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law, sui generis typically refers to situations or entities that cannot easily be categorized under existing legal frameworks or conventions. Its use indicates that there is no directly applicable precedent and that, as a result, no legal principles apply; instead, the situation itself will set the precedent. While some researchers argue that …

Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho

Faculty Articles

Insulation produced by the Danish company Rockwool—or its Russian subsidiary—lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels’ operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia’s 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights (“UNGPs”). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law (“IHL”). However, it requires …

Request For An Advisory Opinion By The State Of Guatemala On Democracy And Its Protection Under The Inter-American Human Rights System: Expert Opinion, Notre Dame Law School Global Human Rights Clinic, Notre Dame Reparations Design And Compliance Lab, Diane A. Desierto, Francisco J. Urbina, Paolo G. Carozza, Anibal Perez-Liñan, Faisal Yamil Meneses, Nicolas Buitrago Rey, Ian Sheppard, Michelle Vasquez, Nick Polk, Carlos Chinchilla Mourra, Jose Cardona Sanchez, Pablo Proaño, Roselis Diaz De Freitas, Zolile Shude, Christian Mikala-Ofori, Rachel Cooper

Court Briefs

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Notre Dame Law School Global Human Rights Clinic (NDLS GHRC) In collaboration with Notre Dame Reparations Design and Compliance Lab (ND Reparations Lab)

The undersigned Professors, staff lawyers, and researchers of the NDLS GHRC and the ND Reparations Lab respectfully submit this Expert Opinion for this Honorable Court’s consideration. 

1. The State of Guatemala has requested this Honorable Court to interpret specific provisions of the American Convention on Human Rights (e.g., Preamble first paragraph, Article 1 obligation to respect rights, Article 5 right to humane treatment, Article 8 right to a fair trial, Article 9 freedom from ex …

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 …

International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwide Campaign To Abolish Capital Punishment, John D. Bessler

All Faculty Scholarship

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly's adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ("NGOs"), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …

Forced Adoptions Of Ukrainian Children From An International Human Rights And Humanitarian Law Perspective, Ines Gillich

Pace International Law Review

The article analyzes the legality of the Russian practice of forced adoptions of Ukrainian children from an international human rights and humanitarian law perspective. It argues that while the relocation of children from conflict zones to safe areas is generally lawful under international law, these measures must only be temporary, and persons abducted must be returned as soon as possible. This article also argues that human rights obligations must be read in the light of international humanitarian law, which is the lex specialis applicable in armed conflicts. The article concludes that any permanent measures against the will of the children …

Some Issues In Armed Conflict And Human Rights: Issues Toward Human Rights And Applicable Law In The Battlefield, Hiroshi Saito

Japanese Society and Culture

In recent years, Japan’s legal system regarding defense has improved, but little research has been conducted on what would happen if Japanese territory became a battlefield. Due to the Japan–US Security Treaty and the Japan–US Status of Forces Agreement, Japanese territory could technically become a space for armed conflict in the wake of US military action. If this happened, various legal issues would arise, but under the Japanese Constitution and domestic laws, which are primarily concerned with the protection of human rights, there would be a dual application of international humanitarian law and domestic laws including the Constitution. An important …

The “Gray Zone”: Safeguarding Diplomatic Premises From Attacks By Third Countries, Tim Streit

Human Rights Brief

Diplomatic inviolability is a key norm in international law which guarantees that a state receiving a diplomatic mission from another state will not intrude on the mission’s physical premises and will protect them from any invasion or damage. The concept predates even Hugo Grotius, the so-called “father of international law,” who in his own works referenced it as established practice in the diplomatic community. The receiving state’s obligations towards diplomatic missions in its territory were solidified in the Vienna Convention on Diplomatic Relations in 1961. The same principles were later reiterated in the Vienna Convention on Consular Relations.4 Both treaties …

Femicide Is A Human Rights Violation, Not A Cultural Consequence: Why Nigeria Is Violating The Maputo Protocol, Bolu Jegede

Human Rights Brief

Femicide, the most extreme form of gender-based violence, is the intentional killing of women simply because they are women. It is driven by harmful societal norms, such as oppressive gender roles, systemic discrimination towards women and girls, and gender power imbalances. Femicide is a universal problem but gaps in data on this issue mask the true scale of violence. For the first time since 2013, when the UNODC began publishing regional estimates, Africa surpassed Asia as the region with the highest number of victims.

A New "Administrative Law Approach" To Social Rights? Learnings From Environmental Litigation In Colombia, Maria Emilia Mamberti

American University International Law Review

Social rights are at present profusely recognized in international and domestic law. Latin American countries are frontrunners in the field, as virtually all constitutions in the region acknowledge social rights, often in ambitious manners. In many countries, courts have been active and creative in adjudicating social rights cases.

The increasing importance of social rights has led to copious debates in comparative law, which have initially focused on the convenience of constitutionalizing them, and on assessing their nature and core characteristics. With relevant exceptions, more current debates—largely revolving around the decisions of high courts from a handful of jurisdictions—have focused on …

Prologue, Claudio Grossman, Robert K. Goldman

American University International Law Review

We are pleased to write this prologue for the special issue of the American University International Law Review featuring the winning papers from the 2024 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.

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.

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.

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.

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 …

Automating International Human Rights Adjudication, Veronika Fikfak, Laurence R. Helfer

Michigan Journal of International Law

International human rights courts and treaty bodies are increasingly turning to automated decision-making (“ADM”) technologies to expedite and enhance their review of individual complaints. These tribunals have yet to consider many of the legal, normative, and practical issues raised by the use of different types of automation technologies for these purposes. This article offers a comprehensive and balanced assessment of the benefits and challenges of introducing ADM into international human rights adjudication. We argue in favor of using ADM to digitize documents and for internal case management purposes and to make straightforward recommendations regarding registration, inadmissibility, and the calculation of …

Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Milena Sterio, Yvonne Dutton

Law Faculty Articles and Essays

While the ICC’s jurisdictional and resource constraints undoubtedly pose significant obstacles to its ability to tackle all cases of gender persecution worldwide, the Court’s efforts serve as a catalyst for progress in the field of international criminal law. By shining a spotlight on the crime of gender persecution and prioritizing its investigation and prosecution, the ICC sets a precedent for national jurisdictions to follow suit. Furthermore, the ICC’s engagement with gender-based crimes underscores the unique intersectionality of gender discrimination and conflict, highlighting the broader societal ramifications of such crimes, and the imperative to address them comprehensively.

In moving forward, the …

Housing As A Human Right Through Legislative Action: Comparing France And Scotland’S Enforceable Rights To Housing, Emily Peterson, Jack E. Turman Jr., Ph.D.

Indiana Journal of Law and Social Equality

No abstract provided.

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 …

The Use Of Geospatial Imagery In Myanmar For Mass Atrocity Prevention, Elisenda Calvet-Martínez

Genocide Studies and Prevention: An International Journal

This paper aims to explore to what extent the usage of geospatial imagery can serve as a tool for atrocity prevention in a context of armed conflict and post-conflict. While most attention has been paid to the use of geospatial imagery to document mass atrocities for advocacy and accountability purposes, less attention has attracted the potential of this technology as a preventive tool. In the case of Myanmar, a special interest is on how to advance in the use of geospatial imagery to guarantee the safe return of the Rohingya refugees and how to prevent acts of genocide after the …

"What Kind Of Court Is This?": Perceptions Of International Justice Among Rohingya Refugees, Rebecca Hamilton, Payam Akhavan, Antonia Mulvey

Scholarly Articles in Law Reviews & Journals

In the context of mass atrocities, the legitimacy of institutions for international justice—such as the International Criminal Court and International Court of Justice—is based on the assumption that they vindicate demands for accountability by the survivors of horrific human rights violations. Yet, notwithstanding advances in victim representation at these Hague-based courts, victim-centered justice remains elusive. This article contributes to centering the voices of survivors in their specific cultural contexts, against the backdrop of existing efforts that too often render invisible their perspectives. Through semi-structured interviews, conducted in late 2022, with 444 Rohingya survivors of genocide who have fled Myanmar to …

Evaluating The Administrative Detention Policy Between International Standards And Situation In The Occupied Palestinian Territory: The Role Of The Israeli Supreme Court In Consolidating Administrative Detention Against Palestinians, Ahmed Tareq Beshtawi, Nourhan Barahmi, Muath Madmouj

An-Najah University Journal for Research - B (Humanities)

The series of Israeli violations of human rights began with the start of Israel's occupation of Palestinian territories and continues until now. The occupying authorities have committed numerous violations and racist policies against the Palestinian people, which constitute a clear and explicit violation of international law. One of the most significant policies is the policy of administrative detention, systematically and continuously practiced by the occupying authorities against the Palestinian people. As every individual has the right to freedom and protection against arbitrary arrest, the policy of administrative detention deviates from the general norm. Therefore, it has been subjected to various …

Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron

Emory International Law Review

No abstract provided.

Measuring The Unmeasurable: Foreign Aid And The Rule Of Law, Natallia Karkanitsa

Celebrating WCL Student Authors

This article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a …

The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

This Article argues that persecution based on sexual orientation constitutes a crime against humanity under international law. Unlike other scholarship that has focused on the definition of crimes against humanity in the 1998 Rome Statute for the International Criminal Court—which does not explicitly enumerate “sexual orientation” as a protected classification—this Article looks to customary international law made up by the practices of states.

Diligent research has revealed that between 1998 and 2022, at least 107 states enacted laws or revised existing laws decriminalizing sexual orientation and/or categorizing sexual orientation as a protected classification from discrimination. This is in addition to …

Border Trouble: Critical Reflections On The Canada-Us Safe Third Country Agreement Litigation, Efrat Arbel

All Faculty Publications

The Canada-US Safe Third Country Agreement (STCA) has been subject to two different legal challenges before three different Canadian courts and considered in five different judicial decisions. This notwithstanding, the litigation surrounding its legal validity is not yet conclusively determined. This article analyses all five STCA decisions to develop a critical reading of the leading decision as issued by the Supreme Court of Canada in 2023. It posits that the Supreme Court of Canada, like the appellate courts before it, erred in its understanding of the STCA. Specifically, the Court did not engage the facts on record in sufficient detail, …

Submission To The United Nations Universal Periodic Review Of Yemen, Mwatana For Human Rights, Smith Family Human Rights Clinic

Human Rights Institute

This submission focuses on international human rights and humanitarian law violations by the Government of Yemen and allied armed groups, as well as by the armed group Ansar Allah (the Houthis), as supported by Mwatana’s original factfinding and documentation.

International Agreements Shaping Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.