International Law Commons^™

Bringing Together The United Nations Convention On The Rights Of Persons With Disabilities And The Declaration On The Rights Of Indigenous Peoples In Canada, Constance Macintosh

Dalhousie Law Journal

This article explores the relationship between the United Nations Convention on the Rights of People with Disabilities (CRPD) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) with regards to the situation of Indigenous persons with disabilities living in Canada. In particular, it considers how the obligations and responsibilities identified under the UNDRIP and the CRPD can be interpreted and realized in a manner that is complementary and may amplify the likelihood of the goals of each instrument being realized. An explicit goal is avoiding the exclusions and erasures which arise when single identity politics dominate, which …

The Solidarity Spectrum: De-Solidarity, Anti-Solidarity, And Resistance, Obiora C. Okafor, Gabriella Sanchez, Sarah Soto

Articles & Book Chapters

In this essay, we examine legal and political challenges to solidarity with and among migrants. We begin by describing the disturbing and powerful turn toward de-solidarity, particularly in some Global North countries, that threatens to undermine the global refugee and migration law regime. Politicians seek to capitalize upon racial fears of migrants from the Global South to reject solidarity (with the latter group) as a concept and pursue anti-immigrant laws and policies. We next examine anti-solidarity, as shown by the criminalization of humanitarian assistance as migrant smuggling. Both de-solidarity and anti-solidarity operate through law and race to constrain human mobility …

La Jurisdicción De La Corte Interamericana Para Revisar Judicialmente La Invalidez De La Denuncia A La Convención Americana Sobre Derechos Humanos Efectuada Por Venezuela En 2012 Bajo Los Estándares De La Convención De Viena Y La Opinión Consultiva Oc-26/20, Claudio Grossman, Carlos Ayala Corao, Juan Mendez, Claudia Martin, Robert Goldman, Gabriel J. Ortiz Crespo

Amicus Briefs & Court Filings

No abstract provided.

Legalist Realism, Mark A. Drumbl

Scholarly Articles

This essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of "legalist realism." Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …

Ziada V. Netherlands: Accountability Of State Officials In The European Court Of Human Rights, Mckenzie Gallagher

Human Rights Brief

In 2014, a Dutch Palestinian man, Mr. Ismail Ziada, lost six close family members in an Israeli airstrike labeled “Operation Protective Edge,”—a seven weeklong military offensive, waged by the Israeli defense forces (“IDF”) in the Gaza Strip. The family’s home, which was destroyed as a result of the attacks, was situated within the Al-Burej refugee camp. Shortly thereafter, the United Nation General Assembly established these attacks on civilians and civilian infrastructure were orchestrated by senior military officials, and strongly indicated the acts constituted a commission of war crimes in violation of international humanitarian law, international human rights law, and international …

The “Gray Zone”: Safeguarding Diplomatic Premises From Attacks By Third Countries, Tim Streit

Human Rights Brief

Diplomatic inviolability is a key norm in international law which guarantees that a state receiving a diplomatic mission from another state will not intrude on the mission’s physical premises and will protect them from any invasion or damage. The concept predates even Hugo Grotius, the so-called “father of international law,” who in his own works referenced it as established practice in the diplomatic community. The receiving state’s obligations towards diplomatic missions in its territory were solidified in the Vienna Convention on Diplomatic Relations in 1961. The same principles were later reiterated in the Vienna Convention on Consular Relations.4 Both treaties …

The Witchcraft Act And The Cost Of Inaction: Afchpr On The Persecution Of Persons With Albinism, Aly Orvis

Human Rights Brief

On February 5, 2025, the African Court on Human and Peoples’ Rights (“AfCHPR”) issued a landmark ruling in Centre for Human Rights and Others v. United Republic of Tanzania, holding that Tanzania had violated the rights of persons with albinism (“PWA”) by failing to protect them from systematic discrimination, violence, and ritual killings. The applicants, a human rights organization advocating for PWA, argued that the Tanzanian government’s inaction and weak legal framework fostered an environment of impunity for attacks against PWA, including violations of Article 2, the right to non-discrimination, of the African Charter on Human and Peoples’ Rights (“ACHPR”). …

Quota Reform, Repression, And The Fight For Human Rights In Bangladesh, Noreen Tareque

Human Rights Brief

On June 5, 2024, the High Court of Bangladesh ruled against the government’s decision to cancel the country’s quota system, stating that the decision to cancel the system in 2018 was invalid. This meant the country would go back to using the quota system to assign government jobs to students after they had completed their higher education. The quota system established that 30% of Bangladesh’s government jobs were reserved for the children and family members of freedom fighters who lost their lives during the Bangladesh Liberation War of 1971 against Pakistan.  Additionally, the quota system reserved 10% for women affected …

Reflections On The Launch Of The Inspection Panel And People-Centered Accountability, David B. Hunter

Perspectives

No abstract provided.

Prologue, Claudio Grossman, Robert K. Goldman

American University International Law Review

We are pleased to write this prologue for the special issue of the American University International Law Review featuring the winning papers from the 2024 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.

Does Mandatory Corporate Human Rights Due Diligence Offer A Path To Resolving Global Food Insecurity Challenges?, Ying Chen, Benedict Sheehy

American University International Law Review

Despite the 2015 implementation of the United Nations Sustainable Development Goal to end hunger and all forms of malnutrition by 2030 (the Zero Hunger Goal), food insecurity remains a persistent global problem. Well past the halfway point to 2030, the world is woefully off track to reach this goal. Current efforts to address global food insecurity are led by the public sector and focused on government interventions, and these are proving to be insufficient on their own. This Article argues that the private sector, and business enterprises and multinational corporations in particular, as important stakeholders in society, can and must …

"Esa Persona No Soy Yo": La Inteligencia Artificial Como Un Nuevo Instrumento De Violencia, Samantha Rodriguez Santillan

American University International Law Review

En 1943, cuando se inventó la primera computadora, se especularon muchísimas teorías, positivas y negativas, sobre cómo esta tecnología afectaría las relaciones humanas. Décadas después, el desarrollo de toda una nueva gama de productos y servicios creó un nuevo espacio que trajo consigo un infinito número de escenarios que lentamente se han regularizado.

Inteligencia Artificial Y Desinformación En Internet: Regulaciones (In)Compatibles Con Los Estándares De Protección Del Derecho A La Libertad De Expresión En El Derecho Internacional De Los Derechos Humanos, Trilce Gabriela Valdivia Aguilar

American University International Law Review

Durante los casi dos años de confinamiento debido a la pandemia por COVID-19, muchas de nuestras interacciones “en vivo” se trasladaron al mundo virtual. Asimismo, las redes sociales se convirtieron en una de nuestras principales fuentes de información y también en los medios más usados para comunicarnos y debatir con nuestros pares. Lamentablemente las mismas no estuvieron siempre sustentadas en información certera, sino más bien en información falsa, que circulaba en medio de viciosas burbujas donde nos era imposible conocer opiniones o pareceres contrarios a los nuestros.

For Whom Is International Law?, E. Tendayi Achiume

American University International Law Review

Grotius Lecturer E. Tendayi Achiume and Distinguished Discussant Jamil Dakwar provided the Twenty-Seventh Annual Grotius Lecture on Wednesday, April 16, 2025 at 5:00 p.m.

Domestic Mandatory Human Rights Due Diligence Laws As Global Business And Human Rights Regulation, Zhuolun Li, Yu Xiang

American University International Law Review

The last decade has witnessed a paradigm shift in business and human rights (BHR) from soft law to hard law. Although the Global South has pushed for an international treaty, legislators in Europe turned their focus from international law to domestic mandatory human rights due diligence (mHRDD) laws with extraterritorial implications, enforcing localized human rights standards globally. This Article examines the impact of mHRDD legislation as global BHR regulation from a Third World Approaches to International Law perspective. The Article makes three contributions. First, it argues that the current divide between the Global North and South continues a historical struggle …

La Interculturalidad Como Estrategia Para Contribuir A La Igualdad Y No Discriminacion De Los Pueblos Originarios En El Derecho A La Educacion Superior: El Caso De Argentina, Julian Ariel Madrid Moreno

American University International Law Review

Argentina es un país que se ha comprometido a cumplir diferentes tratados internacionales de derechos humanos, sin embargo, desde hace muchos años, y con mayor intensidad en el presente, existe desigualdad y discriminación racial en la educación superior Argentina. En un reciente informe elaborado por la Organización de las Naciones Unidas para la Educación, la Ciencia y la Cultura (UNESCO) demuestra que el mencionado país no está garantizando ni fomentando herramientas suficientes para que los pueblos originarios puedan acceder a la educación superior de manera igualitaria y sin discriminación, menoscabando gravemente sus derechos fundamentales.

Holding Out For Better Weather: Foreign Aid And The Principle Of Humanity In Armed Conflicts And Natural Disasters, Nicholas Schwartz

American University International Law Review

This Comment examines the doctrines of international humanitarian law and international disaster response law, two different sets of rules that govern the same situation: humanitarian concerns in the wake of a large-scale cataclysm. International humanitarian law is as old as history itself and has a stout body of law, both in terms of treaties and recognized customary international law. International disaster response law has only crystallized as a concept over the last two decades and is underdeveloped and largely unacknowledged.

Foreign aid, implored by the principle of humanity, is critical to assisting the plight of populations when a domestic government …

No Right To Exclude: The European Union’S Reparative Migration Obligations, Steffi Colao

American University International Law Review

In this article, I unify the diverse but related ways that scholars, activists and people on the move have demanded migration as a form of reparations. I first compare (mostly U.S.-based) theoretical arguments for migration as a form of reparations for colonization, military occupation, and climate harm. I then turn to international legal traditions of reparations to highlight the ways that reparative migration might be actualized in response to human rights violations. 

Looking at EU and international legal standards on remedies, I show how these arguments are not necessarily radical but, in fact, could be at least partially possible under …

The Tightrope Walk Of Ftas: Balancing The Relationship Between Foreign Investments And Public Interests, Savannah Kelly

Arbitration Brief

Investors have the right to protect their investments just as host states have the right to protect public interests, otherwise recognized as public interest regulation. Arbitration can disrupt the balance between state and investor rights when it whittles away or strips entirely the state’s regulatory autonomy. Public interest regulation, such as environmental protection, remains critical as it holds states simultaneously accountable to, inter alia, their constituents as well as international norms and conventions. A trade agreement provision that infringes upon a state’s regulatory liberty may force it to navigate a complex legal landscape in which commitments to domestic and international …

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Eye-For-An-Eye: High Compensation Awards Against States As Undue Punishment, David M. Bigge, Jonathan M. White

American University International Law Review

In observing the past several years’ debates regarding reparations under international law, we are reminded of lessons we learned as children in Sunday School. The Jewish and Christian sacred texts address the principle of retributive justice reflected in the Biblical phrase “an eye for an eye, a tooth for a tooth.” During the early rabbinic period, the great sages grappled with the import of this rule. Jesus famously rejected the rule in favor of mercy: “turn the other cheek.” The rabbis were not as interested in rejecting this rule in its entirety as ensuring that it yielded justice.

Cyberbullying As A Contemporary Human Rights Violation Of Youth In Digital Media: A Study Of India, Brazil, And South Africa, Laura Ferla Tuma

American University International Law Review

The COVID-19 pandemic facilitated a technological migration not only among adults but also among children and adolescents. Digital media became the alternative for young individuals to maintain their activities, especially school-related ones. They shared virtual classrooms, used the internet for entertainment, and were forced to socialize exclusively in digital environments for months. Connected time increased, and the world witnessed a new phenomenon: hyperconnectivity.

Discussant Commentary On The Twenty-Seventh Annual Grotius Lecture, Jamil Dakwar

American University International Law Review

27^th Annual Grotius Lecture on International Law: April 2025

Humanitarian Interventions On The Crossroads Of Legality And Legitimacy, Asya Gasparyan

Human Rights Brief

In an era marked by persistent geopolitical conflicts and recurring human rights crises, the discourse surrounding humanitarian interventions (“HI”) and the role of the United Nations in this complex arena is of paramount importance. The pressing need to address mass atrocities, including ethnic conflicts and political unrest, highlights the legal and moral dilemmas associated with humanitarian interventions.

Upholding The Absolute Prohibition Of Torture: Afchpr On Detention In Tanzania, Aly Orvis

Human Rights Brief

On September 3, 2024, the African Court on Human and Peoples’ Rights (AfCHPR) rendered its decision in Habyalimana Augustino and Muburu Abdulkarim v. United Republic of Tanzania. The case involved two Burundian nationals who, as refugees in Tanzania, were implicated in a murder-for-hire scheme. This scheme was allegedly orchestrated by Mama Mboya—the wife of a high ranking commanding officer who suspected the victim of having an affair with her husband. Convicted in 2007, the applicants were sentenced to death by hanging. In their petition to the AfCHPR, they argued that they had been subjected to torture and inhumane conditions at …

Kobaliya V. Russia: Curtailing Civil Society Through Labels Of Foreign Influence., Alida Blendonohy

Human Rights Brief

In a January 2025 judgment, the European Court of Human Rights (“ECtHR”) held in the case of Kobaliya and Others v. Russia that the application of Russia’s foreign agent legislation violated Articles 8, 9 and 10 of the European Con­vention on Human Rights (“ECHR”) which pro­tect the rights to freedom of expression, freedom of association, and respect for private and family life.

In Kobaliya, the ECtHR assessed Russia’s foreign agent legislation, its evolution since 2012, and its increasing restrictiveness. In its initial 2012 enactment, the law applied to nongovernmental organizations (“NGOs”) that participated in political activity with foreign funding, …

A Woman’S Body Is Not Her Husband’S: Marital Duty And The Right To Refuse At The Ecthr, Dionejala Muhammad

Human Rights Brief

The European Court of Human Rights (“ECtHR”) issued a decision in H.W. v. France on January 23, 2025, ruling that under the Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”), specifically Article 8(1), a woman is not required to provide sex to her husband to fulfill marital duty.

Double Standards In The Drug Trade: How European Nations Escape Sanctions While Senegal May Bear The Burden, Erin Soro

American University International Law Review

The focus of international drug control policies on sanctioning transit countries like Senegal for drug trafficking overlooks the significant role played by drug-consuming nations such as France and Spain. Despite a notable decrease in local drug consumption due to democratic progress and strong religious roots, Senegal remains a major transit hub for narcotics destined for Europe. This Comment argues that drug-consuming countries are equally culpable under international law and should face comparable sanctions to effectively address the global drug trade. This Comment highlights the imbalance in sanction implementation and advocates for a more equitable approach, recommending minimal sanctions for Senegal …

Crippled By War: Arguing Russia’S Actions In Ukraine Constitute Disability Persecution Under Article 7(1)(H) Of The Rome Statute, Davis Hayman

American University International Law Review

During the ongoing conflict between Russia and Ukraine, Russia implemented a “humanitarian aid” program which moved Ukrainian people with disabilities to Russia or Russian-controlled areas. The Prosecutor for the International Criminal Court issued arrest warrants under the theory that this program constitutes war crimes.

This Comment argues this program further qualifies as the crime of persecution against Ukrainians with disabilities. This piece first analyzes the crime of persecution, its relationship with other crimes and how non-enumerated groups can receive its protection. Next, this piece analyzes international human rights developments related to people with disabilities to show they qualify for such …

Human Rights In Technology -- A Need For A New Norm, Els De Busser

Case Western Reserve Journal of International Law

The field of cyber security has relied on norms quite heavily to govern the behavior of states and non-state actors in cyberspace. However, existing norms do not offer guidance on integrating attention to human rights into the design and development of digital consumer products. This Paper introduces a way to foresee the human rights impact of new technology combined with a form of governance that regulates problems we do not know exist yet. (Abstract from author.)