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International Humanitarian Law Commons™
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Articles 91 - 120 of 254
Full-Text Articles in International Humanitarian Law
Transnational Migrant Deterrence, Anita Sinha
Transnational Migrant Deterrence, Anita Sinha
Scholarly Articles in Law Reviews & Journals
The governance of global migration increasingly relies on what critical migration scholarship refers to as externalized control. Externalization encompasses limiting human mobility through the imposition of migration control measures by transit states, as well as by states that are geographically proximate to destination states. Destination states are at a minimum complicit in the creation and operation of these externalized migration control systems. To capture this phenomenon, this Article offers a reconceptualization of externalization as transnational migration deterrence. The objective ofthis nomenclature is to provide a framework that highlights the role of destination states, to build a lexicon of accountability for …
Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman
Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman
Global Business Law Review
This Note argues that the United States courts have jurisdiction to consider corporate liability for international law violations of human rights under the reasoning of the Supreme Court of Canada, in Nevsun Resources Ltd. v. Araya. The United States Supreme Court has escaped holding such liability exists, but Canada has outlined how countries, such as the United States, no longer can avoid holding corporations liable under customary international law. Corporate liability for human rights violations committed abroad is a cutting-edge issue. The United States Supreme Court has considered the issue before, but the Court used different analyses and was …
Storm Warning: New Zealand's Treatment Of "Climate Refugee" Claims As A Violation Of Internatinal Law, Isabella Zink
Storm Warning: New Zealand's Treatment Of "Climate Refugee" Claims As A Violation Of Internatinal Law, Isabella Zink
American University International Law Review
As some countries begin to acknowledge the increasingly strong effects of climate change, others have struggled with its slow onset of effects for decades. Coastal communities, especially island nations at or slightly above sea level, face not only threats of flooding and damaging storms, but also rising sea levels jeopardizing soil and water health. As citizens of these coastal regions face increasing difficulty accessing food, water, and medical care, the United Nations‘ (“U.N.”) scientific bodies predict there will be staggering numbers of displaced persons within the next few decades. Island nations rising two meters above sea-level face total submersion by …
The Emerging Chinese Model Of Statist Human Rights, Ryan Mitchell
The Emerging Chinese Model Of Statist Human Rights, Ryan Mitchell
American University International Law Review
Chinese Communist Party General Secretary Xi Jinping commemorated World Human Rights Day 2018, marking the 70th anniversary of the signing of the Universal Declaration of Human Rights (UDHR), by declaring that “the happy life of the people is the greatest human right.” The comment was issued as part of a message to attendees of a symposium held in Beijing to commemorate the UDHR, celebrate China’s progress in realizing its aims, and articulate an officially-sanctioned vision of future action.
"We Can't Go Back Now": How Japan's Refugee Recognition System Denies Rights And Shirks Obligations To Refugees Fleeing The 2021 Myanmar Coup D'État, Jonathan Morrisey
"We Can't Go Back Now": How Japan's Refugee Recognition System Denies Rights And Shirks Obligations To Refugees Fleeing The 2021 Myanmar Coup D'État, Jonathan Morrisey
American University International Law Review
The February 2021 coup d’état of the democratic Myanmar government sent shockwaves through the country and across Southeast Asia. Myanmar communities abroad protested in solidarity while governments took action to protect their Myanmar residents from deportation. In Japan, the Ministry of Justice granted an Emergency Refuge Measure to thousands of Myanmar residents, permitting conditional visa extensions due to the coup. Nonetheless, some Myanmar residents in Japan sought stronger protections in the form of refugee status. Japan is a party to the 1951 Convention and 1967 Protocol Relating to the Status of Refugees and, accordingly, provides a path to refugee recognition …
Estados De Emergencia En El Sistenma Interamericano De Derechos Humanos: Los Principales Retos De La Pandemia De Covid-19, Maria Agustina Bonella
Estados De Emergencia En El Sistenma Interamericano De Derechos Humanos: Los Principales Retos De La Pandemia De Covid-19, Maria Agustina Bonella
American University International Law Review
En las Américas, a medida que avanzaba la crisis sanitaria producida por la primera ola de la pandemia de COVID-19, los Estados han ido adoptando distintas medidas para ralentizar la propagación del virus y evitar el colapso de sus sistemas sanitarios, en miras a salvaguardar el derecho a la vida, a la integridad personal y a la salud de las personas que se encontraban sometidas a su jurisdicción. Estas medidas han incluido desde campañas de concientización sobre el lavado de manos, el distanciamiento social o el uso del barbijo, hasta medidas más extremas, como el cierre de escuelas y universidades; …
Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto
Reducing The Negative Effects Of Counterterrorism Frameworks And Other Restrictive Measures On Humanitarian Action And Enforcing The Obligations Of States In Relation To The Covid-19 Vaccine, Claudio Cerqueira Bastos Netto
American University International Law Review
Countering terrorism has been a priority agenda point for the international community, especially after the September 11th attacks. As the International Committee of the Red Cross (ICRC) points out, “States have had to confront a threat emanating from individuals and non-State armed groups [(NSAGs)] that resort to acts of terrorism. In response, States and international organizations have developed increasingly robust counterterrorism measures.”
Sexual Violence As A Weapon Of War In Ethiopia's Tigray Region And The Developing Adjudication Of Violations Of The Protocol On The Rights Of Women In Africa, Valerie R. Cook
American University International Law Review
On November 4, 2020, a civil war broke out in the Tigray region of Ethiopia between joint Ethiopian and Eritrean military forces and the Tigray People’s Liberation Front (“TPLF”). The war is in part an ethnic conflict between the newly centralized nationalist government under Prime Minister Abiy Ahmed and the once politically dominant beneficiaries of a federalist system, the TPLF. Sexual violence as a method of war has become a hallmark of this conflict as reports of rape by Ethiopian and Eritrean soldiers against Tigrayan women have increased.
El Control Estatal De La (Des)Informacion En Internet En El Contexto De La Pandemia: Un Analisis De Las Tendencias Regionales Bajo Una Perspectiva De Libertad De Expresion, Paula Roko
American University International Law Review
El 3 de mayo de 2020, en el marco del Día Mundial de la Libertad de Prensa, el secretario general de la Organización de las Naciones Unidas (ONU) afirmó que la desinformación se ha convertido en la “segunda pandemia”. Unos meses antes, el Director General de la Organización Mundial de la Salud (OMS) ya había señalado que “las noticias falsas se difunden más rápido y con más facilidad que el virus, y que son igual de peligrosas”. Estos fueron comentarios recurrentes durante el 2020, un año que será recordado por el estallido de una pandemia mundial sin precedentes. Teorías conspirativas …
Introduction Human Rights And States Of Emergency: Unexpected Crisis And New Challenges, Claudia Martin, Diego Rodriguez-Pinzon
Introduction Human Rights And States Of Emergency: Unexpected Crisis And New Challenges, Claudia Martin, Diego Rodriguez-Pinzon
American University International Law Review
We are delighted to present this year’s special issue of the American University International Law Review and the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2021 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis
Human Rights Brief
On June 21 and 22, the European Court of Human Rights (ECtHR) and Romania discussed reform measures based on various judgements delivered during the nine-year period between 2012 and 2021. At issue before the ECtHR’s Department for Execution of Judgments was insufficient legal protection, lack of medical and social care, deficiencies in the legal framework governing involuntary placement, inadequate management of psychiatric conditions of detainees, and overcrowding and poor conditions in Romanian mental health facilities.
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Human Rights Brief
Chocholáč v. Slovakia asks whether Slovakia’s disciplinary actions against a prisoner in possession of concealed pornographic materials violated the European Convention of Human Rights (“the Convention”). Roman Chocholáč, a thirtythree-year-old currently serving a life sentence in Leopoldov prison was found possessing a “popular weekly magazine” with sexually-explicit pictures pasted inside. The State deemed the added material a threat to morality and prison staff confiscated it. On November 21, 2017, Chocholáč v. Slovakia was brought to the European Court of Human Rights (ECtHR), presenting legal questions under Slovakia’s Criminal Code and Execution of Prison Sentences Act, as well as Articles 8 …
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Human Rights Brief
In 2012, Former Venezuelan President Hugo Chavez withdrew from the American Convention on Human Rights (ACHR or “the Convention”). He presented a letter issued by the Department of Foreign Affairs before the Secretary General of the Organization of American States (OAS). The denunciation became effective in 2013. Thereafter, no one could petition before the Inter-American Commission or the Inter-American Court (IACHR) to hold Venezuela accountable for human rights violations. Meanwhile, between 2014 and 2019, the government’s armed groups have killed more than 19,000 people.
Prologue, Claudio Grossman, Robert K. Goldman
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 2021 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.
Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome
Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome
American University International Law Review
After the World Health Organization (WHO) characterized the COVID-19 outbreak as a “global pandemic,” States responded by taking more restrictive and urgent measures. These measures ranged from restrictions on public events to partial or total lockdowns, which restrict a plethora of human rights. Additionally, an unprecedented number of States declared a state of emergency to justify these measures; as of this writing, roughly two-thirds of States declared a state of emergency due to COVID-19 under the International Covenant on Civil and Political Rights (“ICCPR”).
The Invasion Of Ukraine: A Gross Violation Of International Law, Claudio Grossman
The Invasion Of Ukraine: A Gross Violation Of International Law, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
In recent weeks, humanity has witnessed a war in Europe as a result of Russia’s unjustified invasion of Ukraine.
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
FIU Law Review
International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors. This Article disaggregates slavery from the slave trade and slavery …
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
We are delighted to present this year's special issue of the American UniversityInternationalLaw Review and the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2021 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster
Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster
Faculty Scholarship
Professor Tom Ginsburg has produced yet another classic of transnational law, political science, and international relations. Democracies and International Law yields important insights into the democratic nature of international law but cautions that authoritarian states can apply these very legal technologies for repressive or anti-democratic purposes. Building on Ginsburg’s theories of mimicry and repurposing, this contribution highlights the role of both techniques in the creation of China’s economic sanctions program. On the one hand, China has developed a basic set of tools to impose economic sanctions—a key instrument in the liberal international toolkit—on foreign entities and persons. In so doing, …
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Prologue, Claudio Grossman, Robert K. Goldman
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Prologue, Claudio Grossman, Robert K. Goldman
Scholarly Articles in Law Reviews & Journals
We are pleased to write this prologue for the special issue of the American UniversityInternationalLaw Review featuring the winning papers from the 2021 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …
The Right To Food Comes To America, Wendy Heipt
The Right To Food Comes To America, Wendy Heipt
Journal of Food Law & Policy
The people of Maine recently exercised an opportunity no citizen of this country has ever had before: the ability to vote on whether to enshrine a right to food in their state constitution. This Essay provides an overview of Maine’s experience with food rights in order to explain how the state came to occupy this unique position.
Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, Alexandra Harrington, Natalia Urzola, Alice Kasznar, Amy Van Der Kleyn, Antonio Pulgar, Astrid M. Bernal, Giada Giacomini, Hayley Evans, James R. May, Margherita Apollaro, Victoria Lichet, Wellington Migliari
Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, Alexandra Harrington, Natalia Urzola, Alice Kasznar, Amy Van Der Kleyn, Antonio Pulgar, Astrid M. Bernal, Giada Giacomini, Hayley Evans, James R. May, Margherita Apollaro, Victoria Lichet, Wellington Migliari
Scholarly Works
The Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report …
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram
Philosophy: Faculty Publications and Other Works
Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …
Contradiction Under International Law On The Swiss Ban Of Minarets, Giovanni Distefano, Pascal Mahon
Contradiction Under International Law On The Swiss Ban Of Minarets, Giovanni Distefano, Pascal Mahon
UAEU Law Journal
The Swiss vote on the 29th of November, 2009 turned the popular initiative against constructing minarets into a law with a 60% majority of voters. The vote reflects xenophobia and the negative image of Islam or Islamophobia held by the proponents of the initiative. This fear has to be dealt with by psychologists and sociologists.
Pandemics And International Law: The Need For International Action, Claudio Grossman
Pandemics And International Law: The Need For International Action, Claudio Grossman
Human Rights Brief
No abstract provided.
Going Off The Rails On The Mayan Train: How Amlo’S Development Project Is On A Fast Track To Multiple Violations Of Indigenous Rights, Jared Green
American University International Law Review
No abstract provided.
Rule Of Law And Human Rights: Strengthening Democratic Institutions, Claudia Martin, Diego Rodriguez-Pinzon
Rule Of Law And Human Rights: Strengthening Democratic Institutions, Claudia Martin, Diego Rodriguez-Pinzon
American University International Law Review
No abstract provided.
¿Protesta Social Antidemocrática? Hacia Nuevas Formas De Participación Ciudadana A Través Del Internet En El Marco De Las Recientes Movilizaciones En Colombia, Natalia Beltrán Orjuela
¿Protesta Social Antidemocrática? Hacia Nuevas Formas De Participación Ciudadana A Través Del Internet En El Marco De Las Recientes Movilizaciones En Colombia, Natalia Beltrán Orjuela
American University International Law Review
No abstract provided.
Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee
Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee
American University International Law Review
No abstract provided.