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Yeshiva University, Cardozo School of Law

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Full-Text Articles in International Law

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona Jul 2026

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona

Online Publications

This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …


Clihhr Leads Push For Regulatory Scrutiny Of Amazon Mining Project, Benjamin N. Cardozo School Of Law May 2026

Clihhr Leads Push For Regulatory Scrutiny Of Amazon Mining Project, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), in collaboration with the University of Toronto's International Human Rights Program, filed requests with U.S. and Canadian securities regulators seeking investigations into alleged misrepresentations related to Brazil Potash's proposed mining project in the Brazilian Amazon. The initiative highlights concerns regarding Indigenous rights, environmental impacts, and investor disclosure.


One Year Of The Papacy Of Leo Xiv: The Role Of The Catholic Church In International Conflict Resolution, Cardozo Christian Law Student Association (Clsa), Cardozo International Law Society, Cardozo Dispute Resolution Society Apr 2026

One Year Of The Papacy Of Leo Xiv: The Role Of The Catholic Church In International Conflict Resolution, Cardozo Christian Law Student Association (Clsa), Cardozo International Law Society, Cardozo Dispute Resolution Society

2025–2026 Flyers

A roundtable discussion examining the first year of the papacy of Pope Leo XIV and the role of the Catholic Church in international conflict resolution.

Speaker: Dmytro Vovk, Visiting Professor, Benjamin N. Cardozo School of Law


Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law Mar 2026

Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law commemorates the life and legacy of Professor Monroe Price, who served as dean from 1982 to 1991 and helped shape the school's growth and academic identity. A pioneering scholar in media law and legal education, Price founded and advanced numerous signature programs at Cardozo while making lasting contributions to intellectual property, communications law, American Indian law, and international legal scholarship.


Zivotofsky V. Kerry Commentary From The Counsel Behind The Case, Jewish Law Student Association (Jlsa), Jewish Graduate Student Initiative, Alyza Lewin, Akiva Shapiro Mar 2026

Zivotofsky V. Kerry Commentary From The Counsel Behind The Case, Jewish Law Student Association (Jlsa), Jewish Graduate Student Initiative, Alyza Lewin, Akiva Shapiro

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.


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.


Austrian Again Book Talk, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Anne Hand, Evelyn Konrad Feb 2026

Austrian Again Book Talk, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Anne Hand, Evelyn Konrad

2025–2026 Flyers

The Cardozo Law Institute in Holocaust and Human Rights hosted a special book talk featuring author Anne Hand, discussing her memoir Austrian Again. In her book, Hand explores her journey to uncover her family’s hidden history during the Holocaust while pursuing Austrian citizenship, tracing her Austrian and Czechoslovakian roots through personal stories and historical records.

The program also featured Evelyn Konrad, Cardozo alumna and Holocaust survivor, who joined the conversation and shared her personal reflections. Moderated by Konrad, the event examined themes of identity, migration, heritage, and historical memory.


Democratizing Restitution: Trust As An Equitable Approach To Competing Claims On Cultural Heritage Objects, Britta Redwood Jan 2026

Democratizing Restitution: Trust As An Equitable Approach To Competing Claims On Cultural Heritage Objects, Britta Redwood

Articles

As formerly colonized states began to win their independence in the mid-twentieth century, a growing chorus of voices called on museums in London, Paris, Berlin, and other European cities to return objects taken during the colonial period. Having largely ignored these requests until recently, museums throughout Europe and the United States have begun negotiating returns of these objects to their rightful owners. There is a growing recognition among Western cultural institutions that continuing to hold cultural heritage objects taken under conditions of coercion or violence is morally untenable. More recently, some scholars have argued for a human rights approach to …


How The U.S. Constitution Shapes International Tax Law: Instrument Choice In Tax Agreements, Noam Noked, Young Ran (Christine) Kim, Reuven S. Avi-Yonah Jan 2026

How The U.S. Constitution Shapes International Tax Law: Instrument Choice In Tax Agreements, Noam Noked, Young Ran (Christine) Kim, Reuven S. Avi-Yonah

Articles

The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax law. This Article examines the implications of Senate supermajority requirements on bilateral and multilateral tax treaties and agreements, alternative instruments, relevant international tax standards, and global tax governance.

Historically, tax treaties have been approved exclusively as Article II treaties requiring Senate approval. The difficulty of entering into treaties with the United States has influenced the instrument choice and design of U.S. and international tax standards. To address this challenge, several U.S. and international tax reforms have employed …


Professor Zalman Rothschild Contributes To New York Times Honoring The Legacy Of Rabbi Killed In Australia Terror Attack, Benjamin N. Cardozo School Of Law Dec 2025

Professor Zalman Rothschild Contributes To New York Times Honoring The Legacy Of Rabbi Killed In Australia Terror Attack, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion and Assistant Professor of Law, contributed an essay to a New York Times newsletter honoring Rabbi Eli Schlanger, who was killed in a terrorist attack during a Hanukkah celebration in Australia. The essay reflects on Rabbi Schlanger's life, legacy, and personal impact.


Challenging The State To Protect The Right To A Future Healthy Environment, Grace Messimer Dec 2025

Challenging The State To Protect The Right To A Future Healthy Environment, Grace Messimer

Cardozo International & Comparative Law Review (CICLR) Blog

Climate change litigation has been increasingly used in different countries to fight the climate crisis through various judicial systems. As of December 2022, there have been over 2,000 climate-related cases in international courts, federal courts, and more local courthouses, with litigation taking place in 65 different jurisdictions. Climate change litigation includes “cases that raise material issues of law or fact relating to climate change mitigation, adaptation or the science of climate change.”

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button …


Clihhr And Other Institutions Publish Report "Resistance: Mura Struggle Against Canadian Potash Mining In Brazil's Amazon", Benjamin N. Cardozo School Of Law Nov 2025

Clihhr And Other Institutions Publish Report "Resistance: Mura Struggle Against Canadian Potash Mining In Brazil's Amazon", Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), together with university legal clinics in Brazil, Canada, and the United States, published a report examining the impacts of a proposed Canadian potash mining project in the Brazilian Amazon and its potential risks to Indigenous communities and the environment.


2025 Lemkin Award, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide, Elyse Semerdjian Nov 2025

2025 Lemkin Award, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide, Elyse Semerdjian

2025–2026 Flyers

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award Ceremony, honoring Raphael Lemkin, the originator of the term genocide and leading advocate of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity, and other gross human rights violations, as well as strategies for prevention. This year’s award winner is Elyse Semerdjian, for her work, Remnants: Embodied Archives of the Armenian Genocide.


2025 Lemkin Award Ceremony, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide, Elyse Semerdjian Nov 2025

2025 Lemkin Award Ceremony, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Institute For The Study Of Genocide, Elyse Semerdjian

2025 Event Invitations

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award Ceremony, honoring Raphael Lemkin, the originator of the term genocide and leading advocate of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity, and other gross human rights violations, as well as strategies for prevention. This year’s award winner is Elyse Semerdjian, for her work, Remnants: Embodied Archives of the Armenian Genocide.


2025 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr) Oct 2025

2025 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Fall 2025 issue of the CLIHHR Newsletter highlights the Cardozo Law Institute in Holocaust and Human Rights’ continued work in advocacy, research, and education. It features the Institute’s landmark report on Indigenous land rights in the Brazilian Amazon, major events including the 2025 Lemkin Award Ceremony, faculty and student achievements, alumni spotlights, and engagement with international human rights mechanisms. The newsletter reflects CLIHHR’s ongoing commitment to supporting marginalized communities and advancing human rights and atrocity prevention efforts.


Twenty-Fourth Annual International Advocate For Peace Award, Honoring Dr. Zafra Lerman, Zafra Lerman, Andrea K. Schneider, Felix Wu, Armando Gonzalez Oct 2025

Twenty-Fourth Annual International Advocate For Peace Award, Honoring Dr. Zafra Lerman, Zafra Lerman, Andrea K. Schneider, Felix Wu, Armando Gonzalez

Cardozo Journal of Conflict Resolution

On March 6, 2025, the Cardozo Journal of Conflict Resolution presented the twenty-fourth annual International Advocate for Peace Award to Dr. Zafra M. Lerman. The following is a transcript of the event.


Dispute Resolution Tailored For Digital Assets, Michele Kallo Oct 2025

Dispute Resolution Tailored For Digital Assets, Michele Kallo

Cardozo Journal of Conflict Resolution

As digital asset markets continue to expand, the need for efficient and reliable dispute resolution mechanisms has grown increasingly pressing. In May 2022, alone, over 200 individual and class action lawsuits related to digital assets were filed, with cases only deepening in nuance. Traditional litigation, with its high costs, slow timelines, and jurisdictional complexities, often falls short in resolving such disputes. In reaction to these limitations, decentralized arbitration platforms have emerged as spaces for dispute resolution. While innovative, these platforms’ susceptibility to issues such as market volatility, barriers to juror diversity, and impartiality limitations raise questions about their effectiveness as …


Burying Weapons Under The White Pine Tree: Reducing Nuclear Weapons And Using The Monetary Savings To Compensate Native Peoples Injured By The U.S. Nuclear Weapons Complex, William Y. Chin Oct 2025

Burying Weapons Under The White Pine Tree: Reducing Nuclear Weapons And Using The Monetary Savings To Compensate Native Peoples Injured By The U.S. Nuclear Weapons Complex, William Y. Chin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato Sep 2025

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato

2025–2026 Flyers

On the anniversary of the UN Declaration on the Rights of Indigenous People (UNDRIP), this discussion address its crucial role in reshaping indigenous rights across Americas.


Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato Sep 2025

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato

2025 Event Invitations

Guest Speaker: Fernanda Frizzo Bragato - Professor of Law at the Federal University of Rio Grande do Sul (UFRGS) and a CNPq-funded researcher.

On the anniversary of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), this discussion addresses its crucial role in reshaping Indigenous rights across the Americas. Adopted in 2007, UNDRIP marked a historic shift by affirming Indigenous peoples’ right to self-determination, autonomy, and free, prior, and informed consent (FPIC) — challenging centuries of assimilationist policies. Yet, 17 years later, gaps persist. While UNDRIP inspired regional frameworks like the 2016 OAS Declaration, its promises often clash …


Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk Sep 2025

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk

2025 Event Invitations

As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.


Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra Jul 2025

Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra

Cardozo International & Comparative Law Review

The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.


Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3 Jul 2025

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.


Benjamin Ferencz In The Cold War, Noah Weisbord Jul 2025

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.


Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan Jul 2025

Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan

Cardozo International & Comparative Law Review

The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.


The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin Jul 2025

The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin

Cardozo International & Comparative Law Review

The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.


Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko Jul 2025

Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko

Cardozo International & Comparative Law Review

The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …


No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon Jul 2025

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.


From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman Jul 2025

From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman

Cardozo International & Comparative Law Review

The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.


Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug Jul 2025

Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug

Cardozo International & Comparative Law Review

The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.