International Humanitarian Law Commons^™

Amicus Curiae By The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff-Appellant, Jawad V. Gates, No. 15-5250 (U.S. Court Of Appeals, District Of Columbia Circuit 2015), Steven D. Schwinn, Sarah Dávila-Ruhaak, John Marshall Law School Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

Reviews: The Hidden Genocide: Humanizing The Struggle Of The Muslim Rohingya Of Myanmar, Amie Bauer

Children's Legal Rights Journal

No abstract provided.

Around The World: U.S. Efforts To Combat Sex Trafficking Of Minors, Laura Smith

Children's Legal Rights Journal

No abstract provided.

The Continuing Relevance Of International Refugee Law In A Globalized World, Guy S. Goodwin-Gill

Intercultural Human Rights Law Review

The movement of people between States continues to be high on national and international agendas. One does not need to look far beyond the headlines to see what a difficult issue it is for States and for regional and international organizations, and how often they make a mess of managing it. Nor does one need to look hard to discover how desperate is the situation of many a migrant, whether in the physical hardships and risk to life and limb encountered during the search for refuge, or in the often incomprehensible and complex web of national laws and procedures with …

Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

Americas, Human Rights Brief

Human Rights Brief

No abstract provided.

Middle East & North Africa, Human Rights Brief

Human Rights Brief

No abstract provided.

Letter From The Editors, Chris Keeler, Whitney-Ann Mulhauser

Human Rights Brief

No abstract provided.

Asia & Oceania, Human Rights Brief

Human Rights Brief

No abstract provided.

Europe, Human Rights Brief

Human Rights Brief

No abstract provided.

Americas, Human Rights Brief

Human Rights Brief

No abstract provided.

Subsaharan Africa, Human Rights Brief

Human Rights Brief

No abstract provided.

The 'New' Law Applicable To Lgbti International Civil Servants In The U.N. System, Daniele Gallo

American University International Law Review

No abstract provided.

The Privatization Of The Use Of Force Meets The Law Of State Responsibility, Vanessa Ballesteros Moya

American University International Law Review

No abstract provided.

Invisible: My Experiences With The Undocumented And Abused, Anna Paden Carson

VA Engage Journal

As a legal advocate at Tapestri, Inc. in Atlanta, Georgia this summer, I saw many of my immigrant and refugee clients consumed by fear, desperation, and insecurity, and I quickly realized that many of the women I helped only contacted Tapestri because they truly had nowhere else to turn. They were victims of domestic violence and usually living in America undocumented, making the seriousness of their situations that much more intense and pressing. These women were trapped and alone, and Tapestri’s role was to help them in any way we could.

This article explores what I learned throughout my eight-week …

Twilight In Afghanistan: An Introduction, Feisal Amin Istrabadi, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

National Insecurity: The National Defense Authorization Act, The Indefinite Detention Of American Citizens, And A Call For Heightened Judicial Scrutiny, 49 J. Marshall L. Rev. 69 (2015), Harvey Gee

UIC Law Review

This essay outlines the problems posed by the National Defense Authorization Act of 2012 (“NDAA”) and interprets the Act’s language to answer the question of: whether American citizens can be indefinitely detained under the NDAA?

Disparate Treatment Of Mexican Unaccompanied Alien Children: The United States' Violation Of The Trafficking Protocol, Supplementing The Un Convention Against Transnational Organized Crime, Alejandra Aramayo

American University International Law Review

No abstract provided.

A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell

Journal Articles

Beginning with the passage of its anti-immigrant “Show-Me-Your-Papers” law in April 2010, S.B. 1070, much has been written about the hostile political climate toward noncitizens in the State of Arizona specifically and the U.S.-Mexico border generally. However, the recent influx of refugees from Central America to the United States has seen a resurgence in the anti-immigrant rhetoric, which is particularly disturbing since a large percentage of the individuals fleeing violence and poverty are children. In this vein, one aspect of the genesis of S.B. 1070 and other anti-immigrant laws that have not received a great deal of attention is the …

The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford

UIC Law Open Access Faculty Scholarship

There is a widespread belief among both academics and policymakers that international criminal trials are too complex. As a result, tribunals have come under enormous pressure to reduce the complexity of their trials. However, changes to trial procedure have not meaningfully affected trial complexity. This Article explains why these changes have failed and argues that the complexity of international criminal trials is necessary for them to achieve their purposes.

Using a multiple regression model of the factors driving trial complexity at the International Criminal Tribunal for the former Yugoslavia (ICTY), this Article shows that the largest drivers of complexity are …

Thinking Globally, Policing Locally: A Model For Decentralized Law Enforcement In Cote D'Ivoire, 15 J. Int'l Bus. & L. 15 (2015), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.

Mental Health Functioning In The Human Rights Field: Findings From An International Internet-Based Survey, Amy Joscelyne, Sarah Knuckey, Margaret Satterthwaite, Richard A. Bryant, Meng Li, Meng Quian, Adam D. Brown

Faculty Scholarship

Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD), resilience and occupational …

From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs

Faculty Publications

No abstract provided.

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Using Force On Land To Suppress Piracy At Sea: The Legal Landscape Of A Largely Untapped Strategy, Steven R. Obert

National Security Law Program

On May 14, 2012, a combat helicopter operated by European Union Naval Forces (EUNAVFOR) struck a pirate base ashore in Somalia. The raid destroyed several fiberglass skiffs on the beach in Haradheere, a town on the coast of central Somalia. The attack represented a new tactic used in the protracted and evolving international effort to fight maritime piracy off the coast of Somalia. It was the first time that force ashore, first authorized by the United Nations Security Council in 2008, had been publicly acknowledged.

Though recently receding, piracy off the coast of Somalia has had a destabilizing effect on …

Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …

The Challenges And Perils Of Reframing Trafficking As 'Modern-Day Slavery", Janie Chuang

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane

Faculty Scholarship

This article offers modest reflections on jus in bello proportionality. It suggests that the law of armed conflict (LOAC) build on the only consensus legal standard that exists: that of the good-faith reasonable military commander. The difficulty — here, as with any reasonableness standard — is to identify factors that realistically can, and legally should, guide adherence to it and to consider the objective and subjective dimensions of judgments under the standard. Part II scrutinizes the content and status of Additional Protocol I’s (API) canonical definition of proportionality. It analyzes its text and context to bring out the extent to …

The Role Of The International Committee Of The Red Cross, Rotem Giladi, Steven Ratner

Book Chapters

In the absence of a serious implementation mechanism in the Geneva Conventions, much of the leading responsibility for promoting their observance falls upon the International Committee of the Red Cross (ICRC), the 150-year-old institution that is a sui generis hybrid between a Swiss non-governmental organization (NGO) and an international organization. With its secretariat in Geneva and delegations throughout the world, the ICRC is, in many conflicts, the most direct voice for the Conventions. The central role of the ICRC pre-dates the Conventions, for the ICRC has been the driving force behind the codification of international humanitarian law (IHL) since the …