International Humanitarian Law Commons^™

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

No Justice, No Peace: Accountability For Rape And Gender-Based Violence In The Former Yugoslavia, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

The Women in the Law Project of the International Human Rights Law Group (Law Group) sponsored a delegation to the former Yugoslavia from February 14 to 22, 1993. The delegation, which was also endorsed by the Bar Association of San Francisco, had two principal objectives.

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent cur-rent aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

Report Of The Commission Of Enquiry Into Certain Allegations Of Cruelty And Human Rights Abuse Against Anc Prisoners And Detainees By Anc Members, Motsuenyane Commission Of Inquiry, Margaret A. Burnham, Bernard E. Harcourt, David E. Loftis, Samuel M. Motsuenyane, David M. Zamchiya

Faculty Projects

The Motsuenyane Commission of Inquiry was appointed by the President of the African National Congress of South Africa (ANC), Dr. Nelson Mandela, to investigate allegations of human rights abuses and alleged disappearances among its members. Its terms of reference were dated the 12th January, 1993. This is a historic event insofar as it is the first time that a liberation movement has engaged an independent commission to review allegations that its members violated human rights guarantees within its ranks.

Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman

Vanderbilt Journal of Transnational Law

This Note examines the legality of humanitarian intervention by tracing the historical justifications for nonintervention through modern interpretations of the U.N. Charter. Events leading to the change in the U.N. stance on humanitarian intervention are discussed. The Note also sets out criteria for justifiable intervention. The Note concludes that intervention can be justified to the extent that it is carried out for humanitarian purposes.

Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.

Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …

In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera

Vanderbilt Journal of Transnational Law

The Inter-American region has a history of widespread human rights abuse. To combat this problem the Organization of American States has developed a regional system for the protection of human rights. The system's adjudicatory body is the Inter-American Court of Human Rights (the Court). In recent years the Court has expanded its power through its exercise of contentious jurisdiction. Certain factors, however, that are unique to the Inter-American region weigh against the Court's use of contentious jurisdiction.

Tracing the development of the Inter-American human rights system in general and the Court in particular, this Note evaluates the Court's powers and …

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam

Articles

No abstract provided.

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.

The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison

International Law Studies

No abstract provided.

Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, Dieter Fleck

International Law Studies

No abstract provided.

Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, M. W. Janis

International Law Studies

No abstract provided.

Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, W. J. Fenrick

International Law Studies

No abstract provided.

Comments On George K. Walker Paper State Practice Following World War Ii, 1945-1990, L. C. Green

International Law Studies

No abstract provided.

State Practice Following World War Ii, 1945-1990, George K. Walker

International Law Studies

No abstract provided.

U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, H. B. Robertson Jr.

International Law Studies

No abstract provided.

Comments On Hugh Lynch's Paper: Strategic Imperatives: Economic Warfare At Sea, Harry Almond

International Law Studies

No abstract provided.

The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, J. Ashley Roach

International Law Studies

No abstract provided.

The Command And Control Of United Nations Forces In The Era Of "Peace Enforcement", James W. Houck

Faculty Scholarship

This Article explores how concerns regarding the United Nations' authority to make political, strategic, and operational decisions that comprise the right to command and control UN forces might be reconciled within the framework of the United Nations Charter to create a contemporary and more enduring regime for the command and control of United Nations forces. As Part II demonstrates, command and control issues are not new to the United Nations; indeed, in 1945 the signatories to the United Nations Charter created a model for the command and control of United Nations forces.

While the cold war ensured that this model …

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …

Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng

UIC Law Review

No abstract provided.

State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff

Michigan Journal of International Law

This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …

The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul

UIC Law Review

No abstract provided.

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.