International Humanitarian Law Commons^™

Twenty-First-Century Challenges: The Use Of Military Forces To Combat Criminal Threats, Juan Carlos Gomez

International Law Studies

No abstract provided.

Will-O' -The-Wisp? The Search For Law In Non-International Armed Conflicts, John F. Murphy

International Law Studies

No abstract provided.

The Status Of Opposition Fighters In A Noninternational Armed Conflict, Michael N. Schmitt

International Law Studies

No abstract provided.

Concluding Remarks On Non-International Armed Conflicts, Yoram Dinstein

International Law Studies

No abstract provided.

Detention Of Terrorists In The Twenty-First Century, William K. Lietzau

International Law Studies

No abstract provided.

An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin

International Law Studies

No abstract provided.

Self-Defense Targeting: Blurring The Line Between The Jus Ad Bellum And The Jus In Bello, Geoffrey S. Corn

International Law Studies

No abstract provided.

Present And Future Conceptions Of The Status Of Government Forces In Non-International Armed Conflict, Sean Watts

International Law Studies

No abstract provided.

Difference In The Law Of Weaponry When Applied To Non-International Armed Conflict, William Boothby

International Law Studies

No abstract provided.

Toward A Limited Consensus On The Loss Of Civilian Immunity In Non-International Armed Conflict: Making Progress Through Practice, Stephen Pomper

International Law Studies

No abstract provided.

Background Paper For Second Workshop On Contract Negotiation Support For Developing Host Countries, Vale Columbia Center On Sustainable International Investment, Humboldt-Viadrina School Of Governance

Columbia Center on Sustainable Investment Staff Publications

The Columbia Center on Sustainable Investment (CCSI) and the Humboldt-Viadrina School of Governance (HSVG) have initiated a process to discuss the desirability and feasibility of mechanisms to provide negotiation support for developing host countries in their negotiations with major investors.

At a first workshop held in October 2011, participants agreed on the need for an expansion of support for developing countries in their contract negotiations.

A second workshop was held at Columbia University in July 2012 that undertook a gap analysis between the existing sources of support for developing countries in relation to complex contracts and the countries’ needs for …

Intellectual Property And Human Rights In The Nonmultilateral Era, Peter K. Yu

Faculty Scholarship

In the past decade, countries have actively established bilateral, plurilateral and regional trade and investment agreements, such as the Anti-Counterfeiting Trade Agreement and the Trans-Pacific Partnership Agreement. Although commentators have examined the conflict and tension between intellectual property and human rights in the past, the arrival of these agreements has ushered in a new era of nonmultilateralism that warrants a reexamination of the complex interrelationship between intellectual property and human rights.

This article closely examines the human rights impact of the intellectual property provisions in TRIPS-plus nonmultilateral agreements. It begins by outlining the challenges inherent in any analysis of the …

Beyond War: Bin Laden, Escobar, And The Justification Of Targeted Killing, Luis E. Chiesa, Alexander K.A. Greenawalt

Journal Articles

Using the May 2011 killing of Osama bin Laden as a case study, this Article contributes to the debate on targeted killing in two distinct ways, each of which has the result of downplaying the centrality of international humanitarian law (IHL) as the decisive source of justification for targeted killings.

First, we argue that the IHL rules governing the killing of combatants in wartime should be understood to apply more strictly in cases involving the targeting of single individuals, particularly when the targeting occurs against nonparadigmatic combatants outside the traditional battlefield. As applied to the bin Laden killing, we argue …

“Seeking Justice, Strategically”, Joel R. Pruce

Human Rights & Human Welfare

In his opinion piece, Ian Paisley takes to task the International Criminal Court (ICC) for, as he sees it, intervening in domestic processes of reconciliation at the expense of long-term prospects for peace. The "peace versus justice" paradox is not a new one and Paisley expresses a common criticism of justice mechanisms as disruptive of post-conflict, societal healing and the overwhelming hurdle of governing in the aftermath of violence. Missing from his analysis is a broader understanding of trends in international justice and accountability, of which the ICC is only one component. While the ICC is certainly not immune from …

“Slippery Slopes: On Why We Need The Icc”, Matthew S. Weinert

Human Rights & Human Welfare

Peace, reconciliation, and restorative justice: these are the albatrosses that international criminal law (ICL) must (unfairly) bear. Ian Paisley, MP from Northern Ireland and former United Nations and European Union peace envoy, echoes in a New York Times op-ed contribution the aspirations heaped onto the International Criminal Court (ICC). In March, the ICC convicted Thomas Lubanga for war crimes and the conscription of children as soldiers; justice has been done, Paisley claims. Yet the ICC was "intended as an instrument of peace," and "there is no peace" in the Democratic Republic of the Congo (DRC). On this ground he concludes, …

June Roundtable: International Criminal Court, Peace, And Justice, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Peace Must Not Be the Victim of International Justice” New York Times. March 16, 2012.

From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell

Human Rights & Human Welfare

Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.

Under The Gun: Ongoing Assaults On Bahrain’S Health System, Richard Sollom, Holly G. Atkinson

Publications and Research

In February 2011, the Government of Bahrain began targeting health professionals who treated protesters. In April 2012, PHR's Richard Sollom, Deputy Director, and Holly Atkinson, MD, FACP, past President of PHR's Board and volunteer expert, authored a report showing the devastation on Bahrain's health system that have resulted from the Government of Bahrain’s continued assault on doctors, patients, and the healthcare system.

Addressing Climate Change Mitigation And Adaptation Through Insurance For Overseas Investments: The Example Of The U.S. Overseas Private Investment Corporation, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2008, the United Nations Framework Convention on Climate Change (UNFCCC) estimated that investments of between US$540–570 billion in physical assets and other financial flows will be needed to adequately reduce global greenhouse gas (GHG) emissions to combat climate change; additionally, tens and possibly hundreds of billions of dollars may be necessary to enable countries to adapt to the phenomenon’s challenges. Through climate negotiations under the UNFCCC in Copenhagen and Cancun, developed country governments committed to provide developing countries roughly US$30 billion between 2010 and 2012 and to mobilize approximately US$100 billion per year by 2020 for climate change activities. …

Humanitarian Law In Action Within Africa, Jennifer Moore

Faculty Book Display Case

In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components: …

"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce

Human Rights & Human Welfare

The bottom line is that the crisis in Syria is tragic and extremely complicated. Some of its more complex issues include the threat of ethnic conflict, refugee flows, Iran's regional influence, and the impact of this uprising on other protests in the Arab world, ongoing and in the future. However, there are also several incontrovertible facts: the regime of Bashar al-Assad, in the name of putting down a protest movement that turned violent, is responsible for at least 7,500 deaths and shows no signs of relenting.

March Roundtable: Responding To Syria, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Save Us from the Liberal Hawks” by David Rieff. Foreign Policy, February 13, 2012.

“Thinking Through, And Beyond, Triumphalism”, Matthew S. Weinert

Human Rights & Human Welfare

The humanitarian crisis in Syria has instigated calls to activate the Responsibility to Protect (R2P) doctrine to stop the Assad regime from its murderous rampage. Armed with a failed UN Security Council resolution that would have endorsed an Arab League peace plan, thanks to Russian and Chinese vetoes, David Rieff reproves widespread liberal consensus for intervention in a February 2012 Foreign Policy article.

Who Let The Dogs Out? R, R2p, Christine Bell

Human Rights & Human Welfare

As a long-time human rights advocate I find myself uncomfortably sharing Rieff's central concern over the link between military intervention and human rights advocacy, forged through the Responsibility to Protect (R2P) doctrine. This common concern is uncomfortable because I don't share his broader sentiments. However, it is also uncomfortable because it involves me swimming against the human rights tide, which seems to have embraced R2P.

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

No abstract provided.

On Locating The Rights Of Lost, 45 J. Marshall L. Rev. 1051 (2012), Ricardo A. Sunga Iii

UIC Law Review

No abstract provided.

Measuring Human Rights: A Review Essay, David L. Richards

Human Rights & Human Welfare

A review of:

Measuring Human Rights. By Todd Landman & Edzia Carvalho. New York, NY: Routledge, 2010. 163pp.

Brazil’S Upcoming “Mega-Events” Human Rights Legacy, Thomas Pegram

Human Rights & Human Welfare

Preparations for the 2014 World Cup and 2016 Olympic Games are well underway in Brazil, with local government officials in Rio de Janeiro trumpeting the “major success” of initiatives intended to address notoriously high levels of violent crime.

In an attempt to head off widespread concerns, which preceded South Africa’s hosting of the 2010 World Cup, the apparent success of initiatives such as the Police Pacification Units (PPUs) cracking down on insecurity in Rio’s shantytowns (many, such as Rocinha, close to popular tourist areas and venues for Olympic events) has been loudly hailed by local politicians and duly reported by …

Global Health Initiatives And Health System Development: The Historic Quest For Positive Synergies, Peter J. Hammer, Charla M. Burill

Law Faculty Research Publications

No abstract provided.

Expert Evidence In Gender-Based Asylum Cases: Cultural Translation For The Court, Lindsay M. Harris

Journal Articles

This article examines the use of country conditions experts in gender-based asylum claims, with a focus on African women and girls facing gender-based violence in their countries of origin. Using anonymous case examples from the work of the Tahirih Justice Center’s African Women’s Empowerment Project, the article explores the role of experts and the critical bridge that experts can provide in asylum claims adjudicated at the asylum office and in immigration court. A brief overview of U.S. asylum law and procedures sets the stage for a deeper look at expert evidence.