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Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Medical Care In Urban Conflict, Kenneth Watkin

International Law Studies

The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care …

Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski

Notre Dame Law Review

International criminal law is concerned with holding perpetrators responsible for the gravest crimes committed by humanity. The larger and more heinous the crime, however, the more complicated the prosecution. Identifying the relevant actors, producing sufficient evidence to impose liability, and bringing criminals to justice is a challenging endeavor. This complex process becomes even more daunting when factoring in complicit actors. This Note discusses the different legal mechanisms to hold individual corporate officers criminally liable for complicity in committing crimes against humanity and other human rights atrocities in the Democratic Republic of the Congo (“DRC”) as a result of their participation …

Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board …

Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger

University of Miami Inter-American Law Review

No abstract provided.

The Rock: The Role Water Plays In Our Lives, Ronald Griffin

Faculty Books and Book Contributions

We witness increasing interconnectedness of issues, internationalization of flows of goods and movement of labor, intergovernmental cooperation, new attitudes to personal rights and meaning of family, including human rights, as well as changes of values, moral principles and ethical conceptions.We live in a pervious world. Traditional boundaries have become permeable. One of the great challenges of our time is the response of the law to current developments. The authors of the collection of essays offered in this book seek to analyze some of these challenges.The essays are revised versions based on presentations at the International Conferences on Law organized by …

Book Review, Marcos Zunino, Justice Framed: A Genealogy Of Transitional Justice (2019), Mark A. Drumbl

Scholarly Articles

Transitional justice initiatives, broadly speaking, respond to systematic human rights abuses. These initiatives take multiple shapes and forms. This means that the actual practice of transitional justice is diverse and organic. Transitional justice discourse, however, is aspirational, normative and selective. It is less heterogeneous and far more directive. Marcos Zunino’s eye-opening book, Justice Framed, is about gaps between narrative discourse and tangible practice. It is about the effects of discourse on practice. More pointedly, Justice Framed is about how discourse ‘surfaces’ certain kinds of practices of the past while sidelining and ignoring others. Hence, to come full circle, this book …

Theorizing Sexual Violence Against Men In The Middle East And North African Region As Gender-Related Persecution Under Refugee And Asylum Law, Valorie K. Vojdik

Book Chapters

No abstract provided.

Crystal Clear Vagueness: The Board Of Immigration Appeals Hampers Justice With Its Vague “Process Of Justice”, Maria Natera

Catholic University Law Review

The Immigration and Nationality Act has caused the issue of unconstitutional vagueness to become more prominent in recent years in the context of immigration law. The Act provides definitions for certain crimes that are grounds for legal immigrants to be placed in removal proceedings, with the possibility of deportation. With such severe potential consequences, it is crucial that the definitions be crystal clear on what every crime entails in order to give immigrants fair warning.

One such crime that may subject an immigrant to removal proceedings and deportation is a conviction for an “aggravated felony,” coupled with a sentence of …

Broken Promises: The Hollow Dreams Of Human Trafficking, Philip H. Pierre

Buffalo Public Interest Law Journal

No abstract provided.

Sexual Exploitation And Abuse In Conflict: An International Crime?, Clare Brown

American University International Law Review

No abstract provided.

Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke

American University Journal of Gender, Social Policy & the Law

Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights. The Conclusion …

Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho

American University International Law Review

No abstract provided.

Dam(N) Displacement: Compensation, Resettlement, And Indigeneity, Stephen R. Munzer

Cornell International Law Journal

Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that …

Violencia De Género, Internet Y El Derecho A La Libertad De Expresón: Un Nuevo Desafío Para El Derecho Internacional De Los Derechos Humanos, Andrea Pietrafesa

American University International Law Review

No abstract provided.

The International Law Commission's First Draft Convention On Crimes Against Humanity, Charles C. Jalloh

Articles

The UN General Assembly established the International Law Commission ("ILC") in 1947 to assist States with the promotion of 1) the progressive development of international law and 2) its codification. The ILC's first assignment from the General Assembly was to formulate the Nuremberg Principles, which affirmed the then radical idea that individuals can be held liable for certain international crimes at the international level. Since then, the ILC has played a seminal role in the development of modern international criminal law. In 2017, the ILC adopted on first reading a draft convention aimed at the prevention and punishment of crimes …

Defending Refugees: A Case For Protective Procedural Safeguards In The Persecutor Bar Analysis, Charles Shane Ellison

Faculty Scholarship

For refugees and asylum seekers, application of the so-called persecutor bar is tantamount to a death sentence. However, the Board of Immigration Appeals -- without any real deliberation--has arrived at an interpretation of a generic-relief, burdenshifting regulation to allow for application of the persecutor bar based upon very little evidence. Even mere membership in a group with a poor human rights record has been held sufficient to switch the burden of proof and apply the bar. While the recent holding of Matter of Negusie, 27 I&N Dec. 347 (June 28, 2018) can be read and understood largely as a victory …

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin

Faculty Articles

Like it or not, Transnational Corporations (TNCs) are taking an increasingly active role in larger societal issues and debates. Whether it's a social advocacy campaign that seeks to reduce violence and bullying, a decision by a pharmacy company to stop selling tobacco products, or a sportswear company's decisions to take a stand in solidarity with an advocate's resistance to police brutality, TNCs are becoming increasingly vocal regarding their role in larger societal issues.

But there is a darker side to the increased intermingling between corporations and the larger societal impact; namely the potential for a corporation to be involved, or …

Between The Margins And The Mainstream: The Case Of Women's Rights, Hilary Charlesworth, Christine M. Chinkin

Book Chapters

This chapter investigates the conceptual limits of the field of women’s rights. It identifies two main currents of activity in the field: the elaboration of human rights standards, particularly through the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979; and the development of the ‘Women, Peace and Security’ agenda by the UN Security Council since 2000. Both areas are limited in their understandings of the diverse lives of women. The chapter argues that campaigns for the recognition of women’s rights shuttle between the mainstream and the margins of international law and that the structural …

The Human Rights Movement And The Prevention Of Evil: The Need To Look Inward As Well As Out, Jeffrey A. Brauch

Catholic University Law Review

The modern human rights movement began as a response to great evil perpetrated by individuals and nations against others during and preceding World War II. The movement has been dedicated to protecting the rights of individuals by confronting evil and holding nations accountable should efforts to prevent it fail.

This article contends that while the human rights movement is good at confronting evil “out there,” it has failed in important ways to recognize flaws within itself. In particular, it displays a hubris that shows itself in two ways. First, the movement has embraced a utopian expansion of rights to be …

Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Touro Law Review

No abstract provided.

Bridging The Information Gap: How Access To Land Contracts Can Serve Community Rights, Lara Wallis, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Land contracts (also known as investor-state contracts, or concession agreements) show what commitments a forestry, farming or renewable energy company has made and what the government has said the company can do on the land. These promises define the positive and harmful effects the company’s project could have on community members’ livelihoods and human rights, and on the environment.

Accessing land contracts is a crucial strategy for local organizations. This briefing note explains how local organizations can use land contracts and the Open Land Contracts repository (OpenLandContracts.org) to help communities to:

• Understand company and government obligations related to a company …

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers

Scholarly Articles in Law Reviews & Journals

On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …

Talking Foreign Policy: North Korea Summit, Paul Williams, Shannon French, Michael P. Scharf, Milena Sterio, Tim Webster

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii

Faculty Publications & Other Works

This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …

Rethinking The Individual In International Law, Chiara Giorgetti

Law Faculty Publications

The acceptance of the individual as a subject of international law has been gradual and asymmetrical. Individuals have become international law subjects in their own rights in some international legal areas, including human rights and international criminal law. This affords individuals substantive rights and obligations, as well as procedural rights. In most legal areas, however, individuals acquired substantive rights, but not direct procedural rights. In those instances, individuals need the filter of a nationality to enforce their claim and remedy in international proceedings. This Article criticizes the nationality-based approach and argues that there are better and alternative ways to provide …

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.

Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves

Faculty Scholarship

The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial divisions in the United States. Through clicks, likes, shares, and retweets, these messages reached millions of Americans. But, these messages did not originate in the United States; they were drafted and disseminated through inauthentic social media accounts created and controlled by the Internet Research Agency, …

International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx

Michigan Journal of International Law

This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis …

The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page

Journal Publications

Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …