International Humanitarian Law Commons^™

The Evolution Of International Humanitarian Law, Valerie Oosterveld, Darryl Robinson

Law Publications

Written by diplomatic practitioners, Human Security and the New Diplomacy is a straightforward account of challenges already overcome and the prospect for further progress. From the evolution of peace-keeping, to peacebuilding, humanitarian intervention, war-affected children, international humanitarian law, the International Criminal Court, the economic agendas of conflict, transnational crime, and the emergence of connectivity and a global civil society, the authors offer new insights into the importance of considering these issues as part of a single agenda. Human Security and the New Diplomacy is a case-study of a major Canadian foreign policy initiative and a detailed account of the first …

Interpreting Intervention, Craig Scott

Articles & Book Chapters

The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …

Conflict Prevention, Management, And Resolution: Africa--Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt

Journal Publications

This Article seeks to examine the preparedness of certain African regional actors to protect displaced persons in times of armed conflict, and to prescribe formulas to strengthen the capabilities of such actors. The objective is to assess the conflict maintenance capacities of African regional actors and their partners to provide physical and legal protection to displaced persons in times of armed conflict, and likewise to recommend strategies to increase protection.

The Future Of Southeast Asia: Challenges Of Child Sex Slavery And Trafficking In Cambodia, Benjamin Perrin, Shuvaloy Majumdar, Nicholas Gafuik, Stephanie Andrews

All Faculty Publications

The Cambodia Project: During 2000-2001, The Future Group launched its inaugural project in Southeast Asia to address child sex slavery and trafficking. For nearly one-hundred days, a deployment team of four worked with local organizations in Cambodia to implement new ideas to help the children affected by this crisis of international proportions. Initially, The Future Group had planned to work to implement five projects in Cambodia. After just three weeks, the deployment team was significantly ahead of schedule and began to actively identify new areas to pursue. Critical areas of need at local centres were addressed and projects that increased …

Humanitarian Assistance In Non-International Armed Conflict: The Fourth Wave Of Rights, Duties And Remedies, Mary Ellen O'Connell

Journal Articles

The international community is in the midst of a fourth wave of legal development with regard to the rights, duties and remedies associated with humanitarian assistance to victims of non-international armed conflict. This wave is part of a larger development affecting most aspects of international law at the beginning of the 21st century. International actors, in particular, non-governmental organizations (NGOs), have challenged the accepted categories of international law in almost all fields, including international humanitarian law. In international humanitarian law, NGOs are primarily challenging the traditional requirements of neutrality and consent in the distribution of emergency aid to victims of …

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 …

Outrelativizing Relativism: A Liberal Defense Of The Universality Of International Human Rights, Robert D. Sloane

Vanderbilt Journal of Transnational Law

This Article seeks to provide a new framework, rooted in classical liberalism, for understanding and defending the universality of international human rights. After reviewing the philosophical and historical development of the idea of universality, Part II argues that none of the traditional justifications for conceiving of international human rights as universal succeed. Cultural pluralism therefore must be accepted as a descriptive truth. But to acknowledge the cultural contingency of values as a descriptive claim does not, by itself, undermine the normative claim that human rights are, or should be, universal. Instead, it points to the need to justify universality within …

Genocide In International Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

A Trade/Human Rights Linkage By The United States: Is Enforcing Human Rights By Use Of Trade Sanctions Effective?, Blaise Omondi Odhiambo

LLM Theses and Essays

Universally held basic human rights must remain separate from political rights. Such basic human rights are those that are so universal that all societies, systems, nations, and ideology could, and do espouse them. Conversely, political rights are those that are dependent upon compatibility with the system of government in place and arc therefore far less likely to gamer universal support. An effective multilateral enforcement mechanism can only succeed if there are universal agreement and acceptance of the protected rights. Accordingly, at the outset of such a mechanism, only basic human rights may be enforced through trade sanctions. Once such a …

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 …

Now We Know About Pinochet, But Where Do We Go From Here?, Gerald Robert Pace

Human Rights & Human Welfare

A review of Chile Under Pinochet: Recovering the Truth. Philadelphia: University of Pennsylvania Press (Pennsylvania Studies in Human Rights), 1999. 296pp.

General Augusto Pinochet, who served as military and civil leader of Chile from 1973 until 1990, forged perhaps one of the most authoritarian regimes ever to govern in the Western Hemisphere. Spearheading the violent coup d’état that ousted socialist President Salvador Allende, Pinochet not only achieved power, but also created a personalistic dictatorship bolstered by a military run governmental bureaucracy to secure his rule. And indeed, this combination perpetuated Pinochet’s seventeen-year tenure.

The Atypical International Status Of The Holy See, Matthew N. Bathon

Vanderbilt Journal of Transnational Law

The Holy See, as personified by the Pope of the Roman Catholic Church, has acquired significant international status over the centuries. In modern times it has not always been clear whether this status arises from the Holy See's status as head of the Church or as ruler of the tiny State of Vatican City. Some view the Holy See's unique international status as an exception to the general rule that only states participate in international affairs. The Holy See has acquired such recognition and authority primarily because of its long-standing involvement in world affairs over the last thousand years. Others …

Inter-American System, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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.

Reconciling Amnesties With Universal Jurisdiction - A Reply To Mr. Phenyo Keiseng Rakate, Juan E. Mendez, Garth Meintjes

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …

Turks, Armenians, And Genocide: Is Genocide Foreign To Foreign Policy?, Ibpp Editor

International Bulletin of Political Psychology

This article describes difficulties in forging foreign policy consensus on preventing, attenuating, or intervening to stop genocide.

Trends. After The Election: Milosevic Myths, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the defeat of Slobodan Milosevic in his re-election attempt in 2000, as well as the subsequent political balance in Yugoslavia.

Introduction (Volume 75)

International Law Studies

No abstract provided.

Table Of Contents (Volume 75)

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.

The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald

International Law Studies

No abstract provided.

The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring

International Law Studies

No abstract provided.

Legal Issues Of Multinational Military Units: Tasks And Missions, Statinging Law, Command And Control, Dieter Fleck

International Law Studies

No abstract provided.

The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt

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.

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.