International Humanitarian Law Commons^™

Retention Of Communications Data: A Bumpy Road Ahead, 22 J. Marshall J. Computer & Info. L. 731 (2004), Abu Bakar Munir, Siti Hajar Mohd Yasin

UIC John Marshall Journal of Information Technology & Privacy Law

The EU Electronic Privacy Directive of 2002 requires members to ensure the confidentiality of communications but allows member states to restrict the scope of such protection for national security and defense reasons as well as to prevent, investigate detect and prosecute crimes. Despite the criticism a provision on retention of communications date was inserted, reversing thus the position taken under the previous EU Telecommunications Privacy Directive of 1997. This article presents the evolution of the EU Electronic Privacy Directive of 2002 starting from the initial proposal of 2000 which did not include a retention of data provision, to the final …

Refugee Protection In International Law: Unhcr's Global Consultations On International Protection, Taylor H. Garrett

Michigan Journal of International Law

Review of Refugee Protection in International Law: UNHCR's Global Consultations on International Protection (Erika Feller, Volker Türk & Frances Nicholson eds.)

Immunities Of Foreign Ministers: Paragraph 61 Of The Yerodia Judgement As It Pertains To The Security Council And The International Criminal Court, David S. Koller

American University International Law Review

No abstract provided.

Desafío Para El Derecho Internacional Humanitario: Responsabilidad Penal Internacional Del Individuo Por Daños Al Medio Ambiente Durante Un Conflicto Armado, Rosario Domínguez Matés

American University International Law Review

No abstract provided.

La Responsabilidad Penal Internacional Del Individuo Y Su Complement Ariedad Con La Corte Penal Internacional" Perspectiv As Desde El Sistema Interamericano De Protección De Los Derechos Humanos, Xavier Andrés Flores Aguirre

American University International Law Review

No abstract provided.

Need For A Ceasefire In The War On The Workers: Restoring The Balance And Hope Of The National Labor Relations Act, 37 J. Marshall L. Rev. 925 (2004), Mary Ann Leuthner

UIC Law Review

No abstract provided.

United Nations Norms On The Responsibilities Of Transnational Corporations And Other Business Enterprises With With Regard To Human Rights: The International Community Asserts Binding Law On The Global Rule Makers, 37 J. Marshall L. Rev. 1205 (2004), Julie Campagna

UIC Law Review

No abstract provided.

Command Responsibility: A Call To Realign Doctrine With Principles, Arthur Thomas O'Reilly

American University International Law Review

No abstract provided.

La Responsabilidad Penal Del Individuo Por El Crimen De "Limpieza Étnica" En La Jurisprudencia Internacional, Emiliano Buis

American University International Law Review

No abstract provided.

Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson

Human Rights & Human Welfare

This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.

Matthew S. Weinert On Genocide In Cambodia: Documents From The Trial Of Pol Pot And Ieng Sary Edited By Howard Denike, John Quigley, And Kenneth Robinson. Philadelphia: University Of Pennsylvania Press, 2000. 559pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Genocide in Cambodia: Documents from the Trial of Pol Pot and Ieng Sary edited by Howard Denike, John Quigley, and Kenneth Robinson. Philadelphia: University of Pennsylvania Press, 2000. 559pp.

Balancing Acts: The Rights Of Women And Cultural Minorities In Kenyan Marital Law, Catherine A. Hardee

Faculty Scholarship

In the postcolonial world, many developing nations struggle to manage significant populations of different ethnic groups, religions, and nationalities within their borders. There has been a concentrated effort on the part of many nations to provide protection for cultural groups, even to the extent of allowing cultural and religious groups to define the personal law that will govern their members. Often, however, the effort to provide freedom for cultural groups to practice their beliefs conflicts with the ideals of equality and choice for women that are central to the liberal feminist movement. In this Note, Catherine Hardee surveys the theoretical …

The War On Terrorism: Peru’S Past And Present, A Legal Analysis (2004), Ralph Ruebner, Et Al.

Faculty White Papers

No abstract provided.

The Legality And Legitimacy Of Unilateral Armed Intervention In An Age Of Terror, Neo-Imperialism, And Massive Violations Of Human Rights: Is International Law Evolving In The Right Direction?, Jean-Gabriel Castel

Articles & Book Chapters

When the United Nations was created in 1945, its main purpose was to deal with threats to international peace and security in order to prevent states from waging aggressive wars. Today, especially since 9/11, terrorism, the spread of weapons of mass destruction, and internal conflicts involving massive violations of human rights are some of the new challenges confronting this organization. The Security Council, which is charged with the maintenance of international peace and security, has not been very consistent and quick in addressing these issues. As a result, when it has failed to authorize collective action, some states have resorted …

Carla Del Ponte: Her Retrospective Of Four Years In The Hague, Angela M. Banks

Faculty Publications

No abstract provided.

The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …

Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Times of emergency may justify certain restrictions on liberties, but the nature of the terrorist challenge calls for a much more measured and nuanced response. Al Qaeda is said to have cells operating in as many as sixty countries. Furthermore, Al Qaeda is best described as a decentralized network of extremist Islamic groups and individuals rather than a unified military organization. To reduce or eliminate the threat they pose requires the cooperation of the governments, police officers, and individual citizens in the countries where Al Qaeda linked individuals and groups operate. Such help is necessary to obtain intelligence, arrest, capture, …

Internationally Protected Human Rights: Fact Or Fiction?, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

Theory and Reality in the International Protection of Human Rights by J. Shand Watson. Ardsley, New York: Transnational Publishers, 1999. 340pp.

and

The Mobilization of Shame: A World View of Human Rights by Robert F. Drinan, S.J. New Haven: Yale University Press, 2001. 256pp.

Things & Ideas: Explaining Moral Evolution In International Relations, Amy Eckert

Human Rights & Human Welfare

A review of:

Argument and Change in World Politics: Ethics, Decolonization, and Humanitarian Intervention by Neta C. Crawford. New York: Cambridge University Press, 2002. 466pp.

Politics And International Justice In A World Of States, J. Peter Pham

Human Rights & Human Welfare

A review of:

War Crimes and Realpolitik: International Justice from World War I to the 21st Century by Jackson Nyamuya Maogoto. Boulder: Lynne Rienner Publishers, 2004. 267 pp.

Children’S Health And Human Rights, Norie Nogami

Human Rights & Human Welfare

One of the first international attempts to improve the health of children was by Ms.Eglantyne Jebb, a founder of Save the Children, during the aftermath of the WWI. She drafted the Geneva Declaration of the Rights of the Child, the first international children’s rights document adopted by the League of Nations in 1924. Today, in the Convention on the Rights of the Child (1989) we have a more comprehensive and near universal legal instrument for children’s rights.

Health Care And Professionals, Monica Fish

Human Rights & Human Welfare

One of the unfortunate truths of the current human rights regime is that it has given rise to an entirely new aid industry. Fortunate as it is that there are willing individuals eager to share their knowledge and expertise with those in need, the group of professional men and women making up the army of humanitarian workers is, perhaps, overextended and under appreciated. One way of helping the next generation of humanitarians to train and prepare for working within a context of human rights is to provide them with the sound analytical research based on research of current human rights …

Health Of Refugees And Internally Displaced Peoples, Leah Persky, Zaravshon Zukhurova

Human Rights & Human Welfare

Refugees and Internally Displaced People’s (IDPs) are extremely vulnerable to human rights abuses, particularly the lack or denial of physical and mental health care. The basic framework of refugee protection has been established and accepted worldwide for more than 50 years. Still, there is still a lack of commitment to respecting the human rights of refugees and providing adequate humanitarian assistance, including health care. Several international conventions and protocols establish the duties of states in terms of treatment of refugees. These include: the Convention Relating to the Status of Stateless Persons, the Geneva Conventions, the Statute of the Office of …

Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes

All Faculty Scholarship

Analysis of asylum policy in the United Kingdom thus requires examination of the complex interaction between domestic and international pressures, between legislative and judicial action, and between expansionism and restrictionism. In Part I, this paper considers the history of asylum in the UK through the 1990s, looking at the changes that occurred over the 20th century, and the international legal obligations at the core of the UK's asylum policy. The paper specifically addresses Britain's new commitments to European Union asylum policies, and the ways in which Britain's overall relationship with the EU affects Britain's domestic asylum policy. In Part II, …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Humanitarian Inviolability In Crisis: The Meaning Of Impartiality And Neutrality For U.N. And Ngo Agencies Following The 2003-2004 Afghanistan And Iraq Conflicts, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Humanitarian inviolability is the ability of humanitarian relief agencies, whether official agencies such as the office of the United Nations High Commissioner for Refugees (UNHCR) or private organizations such as the International Committee of the Red Cross (ICRC), to act in situations of extreme human need and suffering, particularly in circumstances of armed conflict, with the assurance that their personnel, their property, and their activities will not be made the object of attack. It is a concept that is at the core of all humanitarian relief work, especially during war, when the cooperation of the belligerent parties is essential …

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs, And Environmental Damage In Non-International Conflicts, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.