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Full-Text Articles in International Humanitarian Law

Zivotofsky V. Kerry Commentary From The Counsel Behind The Case, Jewish Law Students Association (Jlsa), Jewish Graduate Student Initiative (Jgsi) Mar 2026

Zivotofsky V. Kerry Commentary From The Counsel Behind The Case, Jewish Law Students Association (Jlsa), Jewish Graduate Student Initiative (Jgsi)

2025–2026 Flyers

Join Alyza Lewin, President of Us Affairs for Combat Antisemitism Movement, and Akiva Shapiro, partner at Gibson, Dunn & Crutcher LLP, as they share their experience litigating the landmark Supreme Court case Zivotofsky v. Kerry before the Supreme Court. In Zivotofsky, the court ruled that only thе president has the exclusive power to formally recognize a foreign sovereign and its territorial boundaries. This case paved the way for president Donald J. Trump to declare Jerusalem as Israel’s capital.

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International & Constitutional Law Implications Of U.S. Attacks On Iran, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy Mar 2026

International & Constitutional Law Implications Of U.S. Attacks On Iran, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2025–2026 Flyers

Join the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Floersheimer Center for Constitutional Democracy for a critical discussion on the escalating conflict in the Middle East.

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Desperate Crossings, Unjust Seas: Challenging The Interdiction And Forcible Return Of Asylum Seekers On The High Seas, Katarina Herring-Trott Mar 2026

Desperate Crossings, Unjust Seas: Challenging The Interdiction And Forcible Return Of Asylum Seekers On The High Seas, Katarina Herring-Trott

Fordham Law Review Online

In the past two years, irregular maritime migration has reached levels not seen in decades. International human rights law requires that states screen migrants’ asylum claims and prohibits states from returning migrants to a place where they face persecution. However, due to recent trends in refugee securitization, states attempt to dodge their international obligations by going to the high seas and forcibly returning migrant vessels. States are not held accountable for these forced returns, owing to gray areas in overlapping provisions of maritime and human rights law. This Essay analyzes ambiguous maritime law provisions, interpreting them in accordance with relevant …

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Cambodia’S Campaign To Recover Its National Treasures: A Unique Model Of Collaborative Restitution, Bradley J. Gordon, Melina Antoniadis, Sokunthyda Long Mar 2026

Cambodia’S Campaign To Recover Its National Treasures: A Unique Model Of Collaborative Restitution, Bradley J. Gordon, Melina Antoniadis, Sokunthyda Long

Fordham Law Review Online

No abstract provided.

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Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd Mar 2026

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

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All The King’S Lawyers, Rebecca Aviel Mar 2026

All The King’S Lawyers, Rebecca Aviel

Fordham Law Review

No abstract provided.

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Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen Feb 2026

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

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Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez Feb 2026

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

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Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger Feb 2026

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

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Product Nationality And Corporate Identity, Trang (Mae) Nguyen Feb 2026

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

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Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes Feb 2026

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

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Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani Feb 2026

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

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The Field Of International Business Transactions Law, Kathleen Claussen Feb 2026

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

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Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster Feb 2026

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

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Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li Feb 2026

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

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Volume 49 Masthead Feb 2026

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

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A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman Feb 2026

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

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Table Of Contents Feb 2026

Table Of Contents

Seattle University Law Review

Table of Contents

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Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader Feb 2026

Weather As A Weapon Of War: The Legality Of Cloud Seeding Under International Humanitarian Law, Fatemah Albader

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

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The Indeterminacy Of Customary International Law, Mohamed Diaa Tawfik Feb 2026

The Indeterminacy Of Customary International Law, Mohamed Diaa Tawfik

Theses and Dissertations

This thesis explores the judicial formation of customary international law and examines how international courts oscillate between interpretive and law-making functions. It analyzes key theoretical frameworks—including Kelsen’s Pure Theory of Law, Dworkin’s Law as Integrity, Kennedy’s radical indeterminacy, and Koskenniemi’s Descending-Ascending Approach—to understand how courts assert and shape customary norms beyond mere state practice and opinio juris. The work concludes that the International Court of Justice and other tribunals increasingly act as de facto lawmakers under the guise of interpretation, advocating the indeterminacy they try to avoid.

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“I Plead Ignorance”: Autonomous Weapons And Criminal Liability For Not Knowing The Knowable, Jonathan Kwik Feb 2026

“I Plead Ignorance”: Autonomous Weapons And Criminal Liability For Not Knowing The Knowable, Jonathan Kwik

International Law Studies

This article argues that the unpredictability and unintuitive behavior of modern artificial intelligence provide more opportunities for users of autonomous weapon systems (AWS) to remain ignorant of risks posed by their systems to protected entities on the battlefield, and that this ignorance can be maintained even in iterative situations featuring a prior civilian casualty event. It demonstrates this theorem through illustrative targeting scenarios, before formalizing the argument through a model showing the evolution of an AWS-user’s mens rea as they receive notice of a prior incident, and choose to pursue—or not pursue—an inquiry. This analysis reveals a perverse incentive structure, …

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Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett Feb 2026

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

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Modes Of Liability For Ai-Enabled Crimes In International Criminal Law, Antonio Coco Jan 2026

Modes Of Liability For Ai-Enabled Crimes In International Criminal Law, Antonio Coco

International Law Studies

As artificial intelligence (AI) technologies become increasingly embedded in human activity, the question of individual accountability for AI-enabled international crimes grows more pressing. This article examines how established doctrines of individual criminal responsibility under international criminal law—particularly the modes of liability recognized in the Statute of the International Criminal Court and in the jurisprudence of international criminal tribunals—may be applied to human actors who interact with AI systems in the commission of core international crimes. Through four hypothetical scenarios, the article explores varying forms of human involvement—from programming to deployment—and assesses whether existing modes of liability, such as perpetration, instigation, …

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Ai-Enabled Decision-Support Systems In The Joint Targeting Cycle: Legal Challenges, Risks, And The Human(E) Dimension, Jessica Dorsey, Marta Bo Jan 2026

Ai-Enabled Decision-Support Systems In The Joint Targeting Cycle: Legal Challenges, Risks, And The Human(E) Dimension, Jessica Dorsey, Marta Bo

International Law Studies

Israel’s military campaign in Gaza as well as ongoing conflicts in Ukraine, Yemen, Iraq, and Syria include the reported military use of AI-enabled decision-support systems (AI-DSS) within the joint targeting cycle (JTC). These tools use AI techniques to collect and analyze data, provide information about the operational environment, and make actionable recommendations with the aim of aiding military decision-makers in evaluating factors relevant to legal compliance, such as taking precautions and ensuring proportionality in attacks. These systems are often touted as being simply a human aid and, as such, have flown largely under the radar regarding regulation as they are …

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The Lives Of Fritz Haber And Of International Law: Entwined Tales Of Tragedy And Irony, Mark A. Drumbl, C. William Vardy Jan 2026

The Lives Of Fritz Haber And Of International Law: Entwined Tales Of Tragedy And Irony, Mark A. Drumbl, C. William Vardy

Scholarly Articles

This article recounts the life of international law through the story of a single individual. This is the narrative of biographical international law. The subject — equally protagonist and antagonist — of this article is Fritz Haber, a German-Jewish scientist born in 1868. Devoted to the Kaiser, Haber was declared a war criminal by the Allies following World War I for having been ‘the father’ of chemical warfare. Haber argued that chemical weapons were more humane than conventional weapons. While under this shadow, Haber also won the Nobel Prize for chemistry in 1920 for his pioneering work with ammonia …

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Comparative Visions For U.S. Group-Based Asylum Proposal, Lauren N. Hughes Jan 2026

Comparative Visions For U.S. Group-Based Asylum Proposal, Lauren N. Hughes

Scholarly Articles

Images of asylum seekers and migrants desperate to enter the United States at the southern border abound in U.S. media. Less familiar to the American public, but intertwined with the highly politicized modern migration crisis, is the ever-growing backlog of pending asylum applications before both the Asylum Office and Immigration Courts. This backlog has many causes, including underresourced agencies, a growing number of asylum applicants, the high evidentiary burden and complexities inherent to asylum law, and the lack of counsel for many asylum seekers. In response to this crippling backlog, some scholars propose the adoption of a “group-based” asylum mechanism. …

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The Futility Of “Genocide” In Ending A Genocide, Shannon Fyfe Jan 2026

The Futility Of “Genocide” In Ending A Genocide, Shannon Fyfe

Scholarly Articles

After the horrors of World War II, the Genocide Convention of 1948 sought to invest the international community in creating legal obligations that “sovereign” states commit to preventing and punishing future genocides. Unfortunately, this has not succeeded. International legal jurisprudence pertaining to identifying and punishing genocide has developed at the International Court of Justice and at other international criminal courts and tribunals. Yet the invocation of the term “genocide” in public, academic, or legal discourse has generally failed to ensure the participation of the international community in stopping a genocide. The United States, for instance, has failed to play the …

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The Internet At War: An Empirical And Legal Analysis Of Harmful Narratives On Social Media During Armed Conflict, Bailey Ulbricht, Allen Weiner Jan 2026

The Internet At War: An Empirical And Legal Analysis Of Harmful Narratives On Social Media During Armed Conflict, Bailey Ulbricht, Allen Weiner

Michigan Technology Law Review

This Article empirically investigates the connection between harmful narratives on social media and violent acts perpetrated against persons protected under international humanitarian law (IHL) during armed conflict, and then examines the legal implications of such a relationship. First, examining comprehensive datasets from two inter-state armed conflicts (Russia-Ukraine and Armenia-Azerbaijan) as case studies, this Article documents patterns in Telegram data indicating that more violent acts are preceded by increases in harmful narratives than decreases in such content. This suggests that harmful narratives on social media platforms may plausibly contribute to the incidence of real-world violence committed against protected persons during armed …

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The Reception Of International Human Rights Law In Charter Litigation: "Not A Box Of Chocolates" But You Still "Never Know What You're Gonna Get", Karinne Lantz Jan 2026

The Reception Of International Human Rights Law In Charter Litigation: "Not A Box Of Chocolates" But You Still "Never Know What You're Gonna Get", Karinne Lantz

Articles, Book Chapters, & Popular Press

This article explores the reception of international human rights law(IHRL)in Canada. Focusing on the Charter context, it demonstrates that how IHRL applies in Canada continues to lack clarity despite repeated (and recent) efforts by the Supreme Court of Canada to provide it. This article argues that this lack of clarity is an important matter for the Court to address, particularly as IHRL is increasingly being invoked before courts and other tribunals around the world. It argues that the Court should adopt a methodology that: (i) endorses the “Dickson Doctrine,”according to which the “minimum protection approach”is robustly applied for international human …

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Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho Jan 2026

Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho

Faculty Articles

Insulation produced by the Danish company Rockwool—or its Russian subsidiary—lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels’ operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia’s 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights (“UNGPs”). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law (“IHL”). However, it requires …

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