International Humanitarian Law Commons^™

Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer

All Faculty Scholarship

The author reviews Michael Glennon's Limits of Law, Prerogatives of Power: Interventionism After Kosovo, discussing Glennon's approach to NATO's 1999 bombing to stop the Milosevic regime's ethnic cleansing of Kosovo in the face of the UN Charter's absolute ban on states using force except in self-defense. Finding Glennon's study at once provocative and readable, the author emphasizes the strength of Glennon's core point - the inability for the Kosovo campaign to be reconciled with the UN charter - but points to the dangers of using one instance (Kosovo) to prove bad law.

Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram

Faculty Scholarship

The Palestinian refugee problem is one of the longest-lasting refugee crises in the world——now exceeding fifty-three years——without a real solution in sight. Although at its core a political problem, the Palestinian refugee crisis is also a problem of legal distortion: Palestinian refugees fall into a legal lacuna that sets them outside minimal international protections available for all other refugee groups in the world. This paper provides background to the legal anomaly that sets Palestinian refugees apart; discusses the legal, practical, and political implications of that status; and proposes a framework and mechanisms aimed at promoting a rights-based solution for the …

2002, Rhetoric And Reality: Human Rights And The World Bank, Korinna Horta

CAO General 1999-Present

This statement by the World Bank in the context of its support for the largest private sector investment project in sub-Saharan Africa illustrates the problem in a nutshell. Can the world’s most powerful development agency achieve its goal of reducing poverty where political rights are repressed, where freedom of expression and discussion are absent and opposition forces are persecuted? This Article reflects a perspective drawn from the experience of Northern environmental organizations, such as Environmental Defense, which work closely with community groups, church groups, and development and human rights organizations as well as trade unions in many devel¬ oping countries. …

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Does The Establishment Clause Matter? Non-Establishment Principles In The United States And Canada, 4 U. Pa. J. Const. L. 451 (2002), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Corporate Complicity: From Nuremberg To Rangoon - An Examination Of Forced Labor Cases And Their Impact On The Liability Of Multinational Corporations, Anita Ramasastry

Articles

Part I of this article outlines various levels of corporate complicity as a way of understanding the spectrum of conduct for which MNCs have been criticized.This provides a necessary background for examining how courts have treated corporate actors with respect to their alleged involvement in war crimes and crimes against humanity. This also helps to delineate where on this continuum MNC conduct should give rise to accomplice liability.

Part II of this article examines the post-World War II trials of German and Japanese civilian businessmen for war crimes and crimes against humanity. The war crimes prosecutions provide an important starting …

War And The Problem Of Child Soldiers, Meng Yoong Yong

Student Works (2000-2009)

Askar kanak-kanak mernpakan satu fenomena yang jarang didebatkan di Malaysia. fetapi di banyak negara dunia ketiga ia mernpakan satu perkara biasa. Yang dikatakan askar anak-kanak adalah pejuang yang bernmur Japan belas tahun ke bawah. Apa yang menakjubkan alah seramai 300,000 kanak-kanak di sebanyak 60 buah negara melibatkan diri secara aktif di ialam konflik dan peperangan. Di Afrika sahaja terdapat lebih kurang 120,000. Jika dahulu canak-kanak ditugaskan dalam sektor sokongan dan logistik seperti tukang masak, pengangkut )arangan, penghantar mesej dan pengintip, kini oleh kerana teknologi pesat dalam bidang Jersenjataan, kanak-kanak ditugaskan di barisan hadapan bersama pejuang dewasa yang lain. Kanak-kanak perempuan …

International Law As Fundamental Justice: James Brown Scott, Harold Hongju Koh, And The American Universalist Tradition Of International Law, Mark Weston Janis

Faculty Articles and Papers

I am delighted to have an opportunity to respond to Harold Hongju Koh's excellent Childress Lecture of October 3, 2001, at the Saint Louis University School of Law. It has been my great pleasure to know Harold since we were young lawyers in the 1970's, and most especially during the 1996-97 academic year when we were together on the Law Faculty at Oxford. Now, as always,my first and soundest instinct is to associate myself fully with Harold. I embrace his commitment to human rights at home and abroad, and applaud his dream for the globalization of freedom. Great American lawyers …

Justice Denied? The Adjudication Of Extradition Applications, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article was prompted when a well-regarded LL.M. candidate at Pace Law School's Center for Environmental Legal Studies was arrested and subjected to extradition proceedings. Faculty, staff, and students became embroiled in efforts, ultimately successful, to challenge the extradition request. In doing so, they confronted the substantive and procedural barriers faced by an accused in current extradition processes and the significant potential for human rights abuses. Thus, this article, which analyzes current extradition law, updates what has been a slowly developing area of the law and proposes changes to address some of the shortfalls. Part II presents a brief history …

The Multinational And The "New Stakeholder": Examining The Business Case For Human Rights, Scott Greathead

Vanderbilt Journal of Transnational Law

Business managers who ignore these realities--the concerns of these new corporate stakeholders--do so at the risk of their company's brand and their own careers. These are just a few examples of the new stakeholders of multinational corporations--workers, consumers, investors, indigenous peoples, non-governmental organizations (NGOs), and the media...

The concerns of these new stakeholders embrace human rights. It is a much broader concept of human rights, however, than the civil and political rights that used to dominate the agenda. Former concerns centered on freedom from arbitrary arrest, detentions, and other due process rights, freedom of speech and association, and governmental abuses …

The Taliban’S ‘Other’ Crimes, Mark A. Drumbl

Scholarly Articles

This paper explores possible legal responses to the Taliban's 'other' crimes--those inflicted against Afghans during Taliban rule. This criminality largely has been rendered invisible by virtue of the international community's focus on punishing the Taliban's support of transnational terrorists, in particular al-Qaeda. This invisibility is problematic given that carefully constructed prosecutions of these 'other' crimes could play an important role in post-conflict reconciliation and national reconstruction in Afghanistan. Such reconciliation and reconstruction can legitimise a representative post-conflict state and curb terrorist recidivism.

Restorative Justice And Collective Responsibility: Lessons For And From The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis …

The African Holocaust: Should Europe Pay Reparations To Africa For Colonialism And Slavery?, Ryan M. Spitzer

Vanderbilt Journal of Transnational Law

For many people of European descent, slavery is little more than an unpleasant memory of a bygone and distant era, largely remembered more for the glory of empires lost and faded dreams of conquest and exploration. For many Africans and African Americans, however, slavery remains an unhealed wound that is frequently, if not constantly, reopened by feelings of continued oppression, manipulation, and discrimination. These disparate views clashed most recently at the U.N. World Conference Against Racism, held in Durban, South Africa in September of 2001.

Inspired by the U.N. Conference in Durban, this Note analyzes the potential for reparations between …

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Scholarly Articles in Law Reviews & Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Debating The Law Of Sanctions, Mary Ellen O'Connell

Journal Articles

After years of United Nations-mandated sanctions against Iraq, human rights advocates began charging the UN Security Council with genocide in its use of 'sanctions of mass destruction'. Following the charges, a full debate began on the law of sanctions. The article recounts this debate, setting it in the context of two earlier rounds of discussion on the lawful use of sanctions. Those earlier debates resulted in general consensus that the Security Council was both free to use sanctions whenever it wanted and that sanctions should be comprehensive, air-tight and subject to enforcement. Sanctions of this description were imposed on Haiti …

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale

Human Rights & Human Welfare

A review of:

Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.

Capitalizing On Market Reforms: Facets Of Legal Development In Contemporary China, Stefanie Elbern

Human Rights & Human Welfare

A review of:

Law and Justice in China’s New Marketplace by Ronald C. Keith and Zhiqiu Lin. New York: Palgrave, 2001. 315pp.

and

Profits and Principles: Global Capitalism and Human Rights in China by Michael A. Santoro. Ithaca, NY: Cornell University Press, 2000. 256pp.

21st-Century Crusades And Demonizing Islam: Commentary On Inderfuth, Ibpp Editor

International Bulletin of Political Psychology

This article comments on public discourse transmitted through Western-financed mass media that attempts to demonize variants of Islam--e.g., that of the Taliban.

Trends. The Case For Reflexively Condemning Reflexively Condemning Human Rights Violations, Ibpp Editor

International Bulletin of Political Psychology

This article discusses whether it is viable to compare different human rights violations.

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.

That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher

Research Reports & White Papers

In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal’s achievements and limitations. Based on hundreds of hours of interviews—and featuring the voices and perceptions of dozens of Bosnian interlocutors—That Someone Guilty Be …

Political Psychology In Yugoslavia: An Overview, Ibpp Editor

International Bulletin of Political Psychology

This article (with minimal editing by IBPP) has been written by a new IBPP Regional Editor, Natasa Bajic, a psychologist who resides in Serbia. In the article, she provides an overview of political psychology within Yugoslavia.

Conjoining International Human Rights Law With Enterprise Liability For Accidents, Anita Bernstein

Faculty Scholarship

No abstract provided.