International Humanitarian Law Commons^™

Self-Determination: Chechnya, Kosovo, And East Timor, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

Hindsight always appears better than foresight. Hopefully, the reexamination of past events will provide lessons for the future. Recent media reports have analyzed the genocide in Rwanda and blamed France, the United States, and the UN Security Council for their failures to take steps that might have prevented or stopped the atrocities. Academic studies also argue how the atrocities in Chechnya, Kosovo, and East Timor may have been prevented or stopped by the United Nations or others in the international community. Such analyses are for international relations authorities and military experts. As an international lawyer, I am reluctant to tread …

Ethical And Humanitarian Concerns Add A New Dimension To International Security In The Post-Cold War World, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

China’S Cautious Participation In The Un Human Rights Regime, Greg Moore

Human Rights & Human Welfare

A review of China, the United Nations, and Human Rights: The Limits of Compliance, by Ann Kent. Philadelphia: University of Pennsylvania Press, 1999. 328pp.

When most Western students of human rights and/or international relations think of China, unfortunately they are most likely to think not of the greatness and longevity of Chinese civilization, the goodness of Chinese cuisine, or the grandesse of the Chinese landscape. Rather, they are most likely to think of the Tian’anmen Square incident of 1989 and China’s human rights problems. Considering both the interest and the emotion generated in the West over the issue of human …

The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams

International Law Studies

No abstract provided.

Un Forces And International Humanitarian Law, Paul C. Szasz

International Law Studies

No abstract provided.

Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne

International Law Studies

No abstract provided.

Legal Implications Of Nato's Armed Intervention In Kosovo, Ved P. Nanda

International Law Studies

No abstract provided.

Full Volume 75: International Law Across The Spectrum Of Conflict

International Law Studies

No abstract provided.

International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood

International Law Studies

No abstract provided.

Psychological Pathways To Minimizing Human Rights Violations Against Children, Ibpp Editor

International Bulletin of Political Psychology

This article identifies several psychological pathways that governments and human rights organizations can employ to minimize human rights violations against children.

Reinterpreting Palestinian Refugee Rights Under International Law, And A Framework For Durable Solutions, Susan M. Akram

Faculty Scholarship

Background

The paper presented here is based on a much larger brief produced by two experts in international refugee law, Susan Akram and Guy Goodwin-Gill assisted by a team of law students at Boston University. Both the larger brief and the paper presented here argue for a re-interpretation of the current international refugee law which adequately expresses the principle of heightened protection for Palestinian refugees, a principle which had guided the drafting and consequent approval of international law and UN resolutions.

The author argues that the current lack of legal protection of Palestinian refugees derives from the misinterpretation of the …

Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor

International Bulletin of Political Psychology

This article discusses Kofi Annan's apology for the United Nations' failure to intervene in the atrocities in Bosnia and Rwanda.

Chapter V: Principles And Sources Of The Law Of Armed Conflict

International Law Studies

No abstract provided.

Nuclear Weapons And The World Court: The Icj's Advisory Opinion And Its Significance For U.S. Strategic Doctrine, Robert F. Turner

International Law Studies

No abstract provided.

Nongovernmental Organizations And International Humanitarian Law, Ved Nanda

International Law Studies

No abstract provided.

An Optimist Looks At The Law Of War In The Twenty-First Century, Howard Levie

International Law Studies

No abstract provided.

The Status Of Belligerent Personnel "Splashed" And Rescued By A Neutral In The Persian Gulf Area, Howard Levie

International Law Studies

This article was published in 31 Virginia Journal of lnternational Law 611 (1991)

Across The Table At Pan Mun Jom, Howard Levie

International Law Studies

First published in 38 Saint Louis University Magazine 10 (March 1965)

Slow Down: New Interventionism, Yubo Song

Michigan Journal of International Law

Review of The New Interventionism 1991-1994: United Nations Experience in Cambodia, Former Yugoslavia and Somalia (James Mayall ed.)

Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis

Michigan Journal of International Law

This article's purpose is not to search for particular conclusions as to the substantive merit or the present legal status of the right of humanitarian intervention as defined and in view of this seeming tension between recent practice and established principle. Its governing concern, rather, lies with: fundamental principles of analysis and method; the formal sources of public international law consulted in the examination of the validity of humanitarian intervention; how normative determinations are reached in the first place; and the techniques which are adopted in navigating our course to these ends.

Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes

Michigan Journal of International Law

This note concludes that none of the various legal arguments offered in support of the September 1996 military intervention against Iraq adequately justifies U.S. actions under international law and that in fact international law was never a real concern in planning, implementing, or even justifying the intervention. Part I relates the general history of the "Kurdish problem" and the particulars of the incident under scrutiny. This Part then goes on to describe the aftermath of the intervention and its failure to achieve any of the stated goals of the United States. Part II addresses the general validity under international law …

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu

LLM Theses and Essays

The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …

Collective Humanitarian Intervention, Fernando R. Tesón

Michigan Journal of International Law

This article discusses collective intervention authorized by the Security Council, with a special emphasis on the concept of exclusive domestic jurisdiction. Part I first examines the different meanings of the notoriously ambiguous word "intervention." Because the legitimacy of collective intervention will depend in part on whether or not the matter falls within the domestic jurisdiction of the target state, Part II will then discuss contemporary views of domestic jurisdiction. Finally, Parts III and IV discuss collective humanitarian intervention under the principles of the U.N. Charter and examine the practice of the Security Council since the end of the Cold War. …

Peace-Building, John Linarelli

Scholarly Works

No abstract provided.

The Politics Of Collective Security, Anne Orford

Michigan Journal of International Law

Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in …

Lip Service To The Laws Of War: Humanitarian Law And United Nations Armed Forces, Richard D. Glick

Michigan Journal of International Law

This article concludes that the United Nations is bound by the rules of customary international humanitarian law, and occupies a horizontal relationship with the other subjects of IHL that it engages in armed conflict. When U.N. armed forces engage in armed conflict, the Organization qualifies as a "party to armed conflict" within the meaning of IHL, and U.N. troops also fall within the IHL definition of "combatants," rendering the Organization subject to IHL obligations. Continuing U.N. arguments to the contrary either deprive IHL definitions of their determinacy or regress to a claim of undeserved special status for Charter norms and …

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

The United Nations International Conference On Population And Development: Religion, Tradition, And Law In Latin America, Gregory M. Saylin

Vanderbilt Journal of Transnational Law

At the 1994 United Nations International Conference on Population and Development, the Vatican, along with several Latin American and Muslim nations, fought against First World nations that sought to include provisions relating to abortion, contraception, sexual education, and women's issues in the Conference's Program of Action. Universal agreement was not reached and several nations, including the Vatican, refused to completely join the Program of Action.

This Note examines the history and theory behind the United Nations population conferences. Against this background, the author examines the 1994 Conference and considers its effect on Latin America by discussing the religion, tradition, and …

The United Nations Response To The Crisis Of Landmines In The Developing World, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Although the United Nations has frequently been criticized for responding too slowly to problems in the developing world, it can take pride in having been among the first to recognize the crisis of antipersonnel landmines. Ever since the issue was first raised in 1992 by the International Committee of the Red Cross, key actors at the United Nations-including the Secretary General and other senior executives in the departments of Peacekeeping, Humanitarian Affairs, the High Commissioner on Refugees, and UNICEF-have been forthright on the need to take action against this problem.' The brief but specific mention of landmines in the …