International Humanitarian Law Commons^™

Detention Operations In Iraq: A View From The Ground, Brian J. Bill

International Law Studies

No abstract provided.

Establishing Governmental Legitimacy In Iraq: The Path To Protecting Human Rights, Matt Mines

Human Rights & Human Welfare

Rule of law is essential for ensuring the protection of human rights in post-conflict societies. Contention and disagreements, however, often arise regarding the best ways to establish rule of law in a reconstructive state. It is a vital prerequisite to rule of law that a government be viewed as legitimate. Following an armed conflict, the restoration of basic services and infrastructure is essential for instilling confidence that the government is legitimate and is capable of providing for the needs of the local populace. The essential services include water, electricity, and security on a consistent basis. In order to ensure ongoing …

Afghanistan: Hard Choices And The Future Of International Law, John F. Murphy

International Law Studies

No abstract provided.

Law Of War Issues In Ground Hostilities In Afghanistan, Gary D. Solis

International Law Studies

No abstract provided.

Starting From Here, Ashley R. Deeks

International Law Studies

No abstract provided.

Coalition Operations: A Compromise Or An Accomodation, Vicki Mcconachie

International Law Studies

No abstract provided.

Issues Arising From Coalition Operations: An Operational Lawyer's Perspective, Neil Brown

International Law Studies

No abstract provided.

Iraqi Resettlement: Why Congress Won't Act, Daniel J. Whelan

Human Rights & Human Welfare

After making an excellent case for the plight of Iraqi asylum seekers who have served as valuable allies to the United States in Iraq, Joseph Huff-Hannon’s article suggests that Congress should play a stronger role in developing a resettlement policy to allow Iraqis, who have been on “our side,” to come to the U.S. Given the current political climate on Iraq—and with Congressional Democrats desperate to score some kind of victory in its battle with the Bush White House—what exactly is holding them back?

Will Refuge Continue To Be Elusive, Katherine Gockel

Human Rights & Human Welfare

According to U.N. estimates, if current trends continue, the number of Iraqi asylum seekers by year-end could reach between 40,000 to 50,000. The influx of Iraqis into states such as Syria and Jordan also threatens to be a destabilizing force in those countries. Therefore, it is unreasonable to expect these states to individually cope with migration flows of this magnitude.

Fleeing From Violence Versus Fleeing From Poverty, Michael Goodhart

Human Rights & Human Welfare

Nour al Khal worked as a translator for New York Times reporter Steven Vincent, who was murdered by Shiite militants in Iraq. Vincent’s widow has been trying to help al Khal (who was kidnapped and shot by the same group who killed Vincent) win asylum in the United States. So far political and bureaucratic obstacles have proven insurmountable.

Iraqi Resettlement: Why Congress Will Act, David A. Weinberg

Human Rights & Human Welfare

I would like to commend Human Rights & Human Welfare for their recent roundtable on the Iraqi refugee crisis. The Roundtable rightly draws attention to the United States government’s woefully inadequate efforts thus far to address a major humanitarian crisis of its own making.

However, I do not agree with Professor Daniel Whelan’s assessment of “why Congress won’t act” on Iraqi resettlement. Dr. Whelan argues that the new Congress appears reluctant to resettle a reasonable number of Iraqi refugees in danger because Democrats fear that doing so would precipitate Iraqi state failure by means of “brain drain.” Instead, I would …

Would Iraqi Refugees Please Disappear, Richard A. Falk

Human Rights & Human Welfare

I am grateful to Joseph Huff-Hannon for drawing our attention vividly and movingly to the plight of Iraqi refugees, its magnitude and cruelty. There are more than two million Iraqi refugees, with an estimated 50,000 per month added to the total. Many are languishing in terrible conditions in such neighboring countries as Syria and Jordan. These states, neither of which are notable as places of refuge, lack the capabilities for humane treatment even if their governments were altruistically inclined. Many Iraqis cannot even find such refuge, and remain hapless nomads in search of a sanctuary country. The U.S. refusal to …

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“No Refuge Here: Iraqis Flee, but Where?” by Joseph Huff-Hannon. Dissent. Summer 2007.

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …

Bad Apples Or Bad Policies?, Daniel J. Whelan

Human Rights & Human Welfare

In a scene from the Woody Allen film Hannah and Her Sisters, the haughty and cantankerous character Frederick (Max von Sydow) is telling his girlfriend (Barbara Hershey) how he spent the evening flipping through channels on television. Ever the arrogant social critic, Frederick remarks,

You missed a very dull TV show on Auschwitz. More gruesome film clips. And more puzzled intellectuals declaring their mystification over the systematic murder of millions. The reason they can never answer the question: “How could it possibly happen?” is that it’s the wrong question. Given what people are, the question is: “Why doesn't it happen …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Other War: Iraq Vets Bear Witness” by Chris Hedges and Laila Al-Arian. The Nation, July 30, 2007.

Occupational Hazard, Michael Goodhart

Human Rights & Human Welfare

“The Other War” describes how the patrols, supply convoys, checkpoints, raids, and arrests, which make up the daily routines of U.S. soldiers in Iraq, sometimes involve degrading and abusive treatment of Iraqi civilians. Through interviews with some of those soldiers, the article portrays the everyday tragedy of the Iraq war and demonstrates how the very policies used to “secure” the country are creating greater insecurity and sparking Iraqi resentment of the occupation. The authors’ main point is that such abuses are inevitable under what they call “misguided and brutal colonial wars and occupations” like Iraq, “the French occupation of Algeria… …

Facing Up To The Truth, Susan E. Waltz

Human Rights & Human Welfare

American GIs who liberated Dachau from the Nazis in April 1945 exist in our collective memory as iconic representations of the American soldier-hero: competent and capable, disciplined, principled and fundamentally good. From their collective example, we expect American soldiers to reveal, report, and excoriate war crimes. This makes it difficult to acknowledge that Americans may also commit war crimes—and on a regular basis.

Military And The Media In Perspective: Finding The Necessary Balance, James P. Terry

International Law Studies

No abstract provided.

War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy

International Law Studies

No abstract provided.

Treatment And Interrogation Of Detained Persons, David E. Graham

International Law Studies

No abstract provided.

Liberation And Occupation: A Commander's Perspective, Fabio Mini

International Law Studies

No abstract provided.

The Gulf War: 1990-2004 (And Still Counting), Yoram Dinstein

International Law Studies

No abstract provided.

The Legality Of Operation Iraqi Freedom Under International Law, Michael N. Schmitt

International Law Studies

No abstract provided.

The Right Of Self-Defense In The Global Fight Against Terrorism, Christopher Muller

International Law Studies

No abstract provided.

Protection Of Cultural Property: The Legal Aspects, Jan Hladik

International Law Studies

No abstract provided.

Current Legal Issues In Maritime Operations: Maritime Interception Operations In The Global War On Terrorism, Exclusion Zones, Hospital Ships, And Maritime Neutrality, Wolff Heintschel Von Heinegg

International Law Studies

No abstract provided.

Jus In Bello Issues Arising In The Hostilities In Iraq In 2003, Yoram Dinstein

International Law Studies

No abstract provided.

Iraq And The Law Of Armed Conflict, Thomas M. Franck

International Law Studies

No abstract provided.

Full Volume 80: Issues In International Law And Military Operations

International Law Studies

No abstract provided.