International Law Commons^™

Application Of International Humanitarian Law By United States Courts

Penn State International Law Review (1982 - 2011)

No abstract provided.

From Armchair Reading To Action: Acknowledging Our Role In The Horror Of The Democratic Republic Of The Congo - And Doing Something About It., Shareen Hertel

Human Rights & Human Welfare

Reading Adam Hochschild's extraordinary account of ordinary people caught up in the horrific ravages of a civil war raging in the Democratic Republic of the Congo (DRC), I was struck by how incongruous my own encounter with this suffering is. I read his article over lunch, safe in the comfort of my own home. As a woman, I live largely without fear of the kind of brutal sexual violence that Hochschild opens his article with, as he related the story of a Congolese NGO worker who is herself a victim of multiple rapes.

If They Just Weren't So Rich!, Anja Mihr

Human Rights & Human Welfare

The deadliest war on earth-as it is called-in the Democratic Republic of Congo (DRC) will only end when the country's richness fades or is kept under surveillance. Human rights and peace might have a chance if Congo's lucrative diamond, gold or coltan mines were under shared control by non-profit agencies or international organizations with the intention to spread the mines' benefits and wealth among the Congolese people. Wishful thinking? Most likely it is, but what other alternative is there? The country's extraordinary wealth in natural resources is the main reason for the immense corruption, the extermination of entire villages, the …

September Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Rape of the Congo. By Adam Hochschild. The New York Review of Books. August 13, 2009.

Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran

Human Rights & Human Welfare

When asked to discuss the humanitarian tragedy in the DRC, the question really is where to start? The article by Adam Hochschild discusses some of the most horrific events and experiences imaginable: widespread killings of unarmed civilians, rape, torture and looting, the recruitment of child soldiers, and the forced displacement of hundreds of thousands of people. The immediate human response is who is to blame, how did it happen and how can the world apparently do nothing?

Human Rights Law On Trial In The Drc, William Paul Simmons

Human Rights & Human Welfare

The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.

Attempt, Conspiracy, And Incitement To Commit Genocide, Jens David Ohlin

Cornell Law Faculty Publications

In these brief commentaries to the U.N. Genocide Convention, I explore three criminal law modes of liability as they apply to the international crime of genocide. Part I analyzes attempt to commit genocide and uncovers a basic tension over whether attempt refers to the genocide itself (the chapeau) or the underlying offense (such as killing). Part I concludes that the tension stems from the fact that the crime of genocide itself is already inchoate in nature, since the legal requirements for the crime do not require an actual, completed genocide, in the common-sense understanding of the term, but only a …

Twitter And Youtube: Positive Developments For Human Rights Protection?, Nicola Colbran

Human Rights & Human Welfare

A number of statements have been made regarding the benefit to human rights protection of advances in technology. However, can these advances also have a negative impact?

Focusing on instant messaging and social network services such as Twitter and YouTube, the positives are quickly apparent. They can draw immediate attention to human rights violations that may otherwise go unnoticed, allow interested parties to stay abreast of developments in the protection of human rights, and create strength and courage in numbers for action that may not be anticipated by the perpetrator. These services also enable human rights activists to tweet their …

The Responsibility To Protect: Three Pillars And Four Crimes, Heraldo Muñoz

Human Rights & Human Welfare

The adoption of the concept of “Responsibility to Protect” (RtoP) by the Heads of State and Government in the September 2005 United Nations World Summit was a historic landmark which has generated great attention as a potentially powerful instrument to impede humanitarian tragedies. Yet much has been missing, or misinterpreted, in the public discussion of this emerging norm. Some fear that RtoP could be abused by powerful countries to intervene in developing nations alleging altruistic motives, while others believe that RtoP is already a rule of customary international law that should be applied unconditionally and without delay in the face …

Stop The Revolution, Michael Jackson Is Dead!, William Paul Simmons

Human Rights & Human Welfare

We won’t soon forget the rapid fire pace of “tweets” and Facebook posts direct from the streets of Tehran. The haunting images of Neda Agha Soltan shocked the consciences of hundreds of thousands around the globe as it went “viral.”

Protest, Iranian Style: A Two-Way Conversation?, Shareen Hertel

Human Rights & Human Welfare

Darrell West gets it right when he argues that despite their promise, digital technologies alone “cannot produce revolutions. To generate fundamental change, it still takes strong leadership, powerful ideas, and people willing to risk detention and imprisonment.” West is writing about Iran—and the critical role that social networking has played in fostering social protest in the wake of a disputed election in that country. He also warns that oppressive regimes may turn the very same tool of protest against those fighting for freedom, by using digital technology to track protesters. Yet West underplays the importance of social networking for cracking …

Iran: Who Is Quicker - The Hacker Or The Twitter?, Anja Mihr

Human Rights & Human Welfare

For a moment we believed that we had entered into a new era of democratic movement. Twitter, Facebook, YouTube and Google—chat have given proof that regardless where people live, what background they have, what system they adhere to or what religion they practice: they want to share the injustice and violence that happens to them with the world. They seek awareness, help and support and moreover they look for an end to the unfair and violent treatment. So have thousands of people in Iran—and still they do. They use what is the most widely available, quickest and the cheapest way …

Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman

International Law Studies

No abstract provided.

The International Legal Framework For Stability Operations: When May International Forces Attack Or Detain Someone In Afghanistan?, Marco Sassoli

International Law Studies

No abstract provided.

Human Rights Obligations, Armed Conflict, And Afghanistan: Looking Back Before Looking Ahead, Stephen Pomper

International Law Studies

No abstract provided.

Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson

International Law Studies

No abstract provided.

Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh

Cornell Law Faculty Working Papers

Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations.

Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring …

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

What Next for Sri Lanka's 2.5 Million Tamils? by Amantha Perera. Time. May 26, 2009.

and

How to Defeat Insurgencies: Sri Lanka's Bad Example by Bobby Ghosh. Time, May 20, 2009.

The War Goes On - No Reconciliation At This Stage, Anja Mihr

Human Rights & Human Welfare

The victorious Sri Lankan President Mahinda Rajapaska has been quite bold to pass a reconciliation note after he declared the thirty year war over. Can he be taken seriously?

Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar

Cardozo Public Law, Policy & Ethics Journal

The article argues that freedom of information (FOI) is a cornerstone of democratic societies, yet significant challenges persist in accessing information despite expanding legal frameworks. It emphasizes the importance of recognizing FOI as a fundamental human right and highlights the role of universities in promoting transparency and awareness through education and practical initiatives. The article also explores the "paradox of informed participation," where public engagement requires information that the public often lacks, and advocates for proactive measures to address this issue.

Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer

Cardozo Journal of International and Comparative Law

The article examines the European Court of Human Rights' (ECHR) approach to balancing freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) with the need to combat hate speech. The Court systematically excludes certain forms of hate speech from protection, particularly racist and Holocaust denial speech, under Article 17, while affording strong protection to expression that contributes to public debate. The analysis highlights the Court's case-by-case approach, reliance on context, and the distinction between hate speech and incitement to violence.

Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky

Cardozo Journal of International and Comparative Law

The note examines the challenges Russia faces in its interactions with the European Court of Human Rights (ECtHR), highlighting the surge in complaints against Russia and the country's increasing resistance to the ECtHR's rulings. It explores the ECtHR's evolving role in interpreting the European Convention on Human Rights as a living instrument and the tensions arising from Russia's domestic legal framework and political hostility toward the Court. The analysis underscores the need for both internal reforms in Russia and external adjustments to the ECtHR's procedures to address the growing caseload and ensure compliance with human rights standards.

The High Costs Of Costs: Fees As Barriers To Access Within The United States And Canadian Freedom Of Information Régimes, Zachary Pall

Cardozo Public Law, Policy & Ethics Journal

The article argues that the fee structures under the United States Freedom of Information Act (FOIA) and the Canadian Access to Information Act create significant barriers to accessing government records, undermining the principle of transparency. While both systems aim to balance access with resource management, the U.S. system is particularly criticized for its complexity and inefficiency, which discourages requesters and fails to serve the public interest. The Canadian system, though flawed, offers a more streamlined approach that could provide valuable lessons for reforming the U.S. system.

Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz

Cardozo Public Law, Policy & Ethics Journal

The Freedom of Information Act (FOIA) is increasingly outdated in the digital age due to its reliance on a request-driven model, which limits proactive disclosure of government information. The article argues that while FOIA was groundbreaking in its time, its failure to require agencies to affirmatively disclose information hinders transparency and public access, emphasizing the need for a shift towards a more proactive approach in line with modern technological capabilities.

Moving In The Open Daylight, Nicola Colbran

Human Rights & Human Welfare

The road ahead for Sri Lanka is certainly not easy. Although the government has declared that the LTTE ( Liberation Tigers of Tamil Eelam) has been defeated, this “victory” has come at a high cost for civilian lives and democratic values. Decades of instability and violence have given rise to deep rooted and sustained human rights violations. Thousands of Sri Lankans have been displaced, killed or wounded, and are malnourished and traumatized after months of extended fighting between the two sides.

Justice After War: Sri Lanka And The Rights And Duties Of A Vanquisher, William Paul Simmons

Human Rights & Human Welfare

Human rights scholars, attorneys, and activists will deservedly focus on the human rights abuses committed by the Sri Lankan military as the decades - long civil war against the Tamil Tigers came to a crushing end this past spring. The military’s brutality, especially its failure to discriminate combatants from non-combatants, should be investigated by both domestic and transnational institutions. It remains to be seen whether such wanton disregard for civilian collateral damage will become the norm for regimes embroiled in civil wars and present yet another realpolitik threat to humanitarian law, or will Sri Lanka and other regimes face accountability …

Targeted Killing In U.S. Counterterrorism Strategy And Law, Kenneth Anderson

Working Papers

Targeted killing, particularly through the use of missiles fired from Predator drone aircraft, has become an important, and internationally controversial, part of the US war against al Qaeda in Pakistan and other places. The Obama administration, both during the campaign and in its first months in office, has publicly embraced the strategy as a form of counterterrorism. This paper argues, however, that unless the Obama administration takes careful and assertive legal steps to protect it, targeted killing using remote platforms such as drone aircraft will take on greater strategic salience precisely as the Obama administration allows the legal space for …

Fighting For Human Rights: The Application Of Human Rights Treaties To United States' Military Operations, Patrick Walsh

Penn State International Law Review (1982 - 2011)

No abstract provided.

Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro

Maurer Theses and Dissertations

Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.

While exploring the above issue, this dissertation unfolds in three …