International Law Commons^™

Questioning Unlimited Veto Use In Face Of Atrocity Crimes, Jennifer Trahan

Case Western Reserve Journal of International Law

"This article discusses the need to re-visit—based on existing legal obligations—the problem of veto use by the permanent members of the UN Security Council while there are ongoing atrocity crimes (genocide, crimes against humanity, and/or war crimes). Specifically, the article— which previews the arguments in my forthcoming book—raises the question of whether all such veto use is consistent with international law."

Documentation For Accountability, Jessica C. Levy, Paul R. Williams

Case Western Reserve Journal of International Law

" In armed conflicts across the globe, it is imperative that war crimes, crimes against humanity, genocide, and other violations of international humanitarian law are effectively documented. Providing such documentation to judicial mechanisms can be critical for efforts to hold those who commit atrocities accountable. 72 Given the delays that routinely plague efforts to secure justice, it is important that the crimes are documented and that the evidence is ready for use in prosecutions when they emerge. Fortunately, the number of civil society actors engaged in documentation projects is growing rapidly, and technological innovations are beginning to emerge to assist …

Family Ties: The European Court Of Human Rights' Protection Of The Family And Its Impact In Future Litigation, Rebecca J. Cambron

Case Western Reserve Journal of International Law

With family as the foundation for much of modern society’s structure, the European Union included familial and parental rights when protecting individuals from unwarranted government influence through the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights’s recent interpretation of the protection, however, in the case of Wunderlich v. Germany demonstrates a concerning shift in the Court’s jurisprudence. This Comment analyzes the shift occurring within the Court’s jurisprudence with respect to the protection of the family and parental rights regarding education, exploring the Court’s arch away from the foundational principles behind the …

A Program For The Next Icc Prosecutor, Alex Whiting

Case Western Reserve Journal of International Law

"As the International Criminal Court (ICC) begins the process of selecting the next Prosecutor, it finds itself at a critical moment. Few people believe that the institution has lived up to expectations. The court has brought relatively few cases, and many have not succeeded.2 While convictions were achieved in the Lubanga, Ntaganda, Katanga, and Al Mahdi cases, as well as in the obstruction of justice cases arising out of the Bemba prosecution, many other cases failed at the confirmation stage, during or after trial, or on appeal.3 he future looks grim. Presently, there is just one case at trial (Ongwen) …

Abuse Of Power: Immigration Courts And The Attorney General's Referral Power, Julie Menke

Case Western Reserve Journal of International Law

In June 2018, then Attorney General Jeff Sessions issued Matter of A-B-. This decision vacated the holding of the 2014 Board of Immigration Appeals decision, Matter of A-R-C-G-. In A-R-C-G-, the adjudicator held that, depending on the specific facts of the case, “married women in Guatemala who are unable to leave their relationship” constitutes a particular social group. Membership in a particular social group is one of five ways to qualify for asylum in the United States. Membership is based on a fact specific analysis conducted by an immigration adjudicator. Sessions’s decision to vacate Matter of A-R-C-G- had a devastating …

Social Media Platforms In International Criminal Investigations, Rebecca J. Hamilton

Case Western Reserve Journal of International Law

"YouTube’s tagline is “Broadcast Yourself.”64 People around the world have taken up the invitation, including people whose lives are being lived out in conflict zones. Proponents of international criminal justice have seized upon the resulting material for its evidentiary value, and we are seeing the field of international criminal investigations in the midst of a major transformation as a consequence. There has been plenty of commentary about this transformation in terms of the challenges and opportunities that the evidence itself brings. But less attention has been given to what these technology-driven developments have done to expand the range of actors …

The Path Forward For The International Criminal Court: Questions Searching For Answers, Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

"In June 2018, the International Criminal Court (ICC) appeals chamber reversed what had been the court’s most significant verdict: a 2016 conviction of a former Congolese vice-president, Jean-Pierre Bemba, for crimes committed in the Central African Republic. This was significant because it was the court’s first conviction for crimes of sexual and gender-based violence and on the basis of command responsibility, and because Bemba was among the most senior-ranking officials to appear for trial at the court.2 An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …

Social Media: A Good Alternative, For Alternative Service Of Process, Emily Davis

Case Western Reserve Journal of International Law

A cost efficient and effective means of alternative service of process in civil and commercial cases upon both domestic and international defendants lies in social media. Traditional methods of service of process are preferred, but are not always practicable. When a defendant cannot be reached through traditional methods, judges should use their discretion and allow alternative service by social media in appropriate cases. Current methods of alternative service, such as publication, are not efficient or effective. By allowing alternative service of process via social media in certain cases, the defendant is much more likely to receive actual notice in a …

Talking Foreign Policy: April 24, 2019 Broadcast: "Untangling The Yemen Crisis", Tfp Panel

Case Western Reserve Journal of International Law

"According to a recent UN report, the war in Yemen has become the worst humanitarian crisis on the planet. Welcome to Talking Foreign Policy. I’m your host Michael Scharf, [co-]Dean of Case Western Reserve University School of Law. In this broadcast our expert panelists will be discussing the history of the Yemen conflict, the challenges to resolving it, and the prospects for achieving accountability for the war crimes that have been committed there. Joining us for the second segment today, as soon as his cab arrives, is Dr. Paul Williams,3 the President of the Public International Law and Policy Group, …

Introducing Private-Property Rights To Cuba: How Cuba's New Constitution Paves The Way For Economic Growth, Renee Monzon

Case Western Reserve Journal of International Law

On February 24, 2019, Cuba adopted a new Constitution.1 The new Constitution formally recognizes private-property ownership. From the beginning of Socialism’s impact on Cuba, private-property ownership had been legally abolished until Fidel Castro stepped down from power in 2008.2 This new Constitution shows a departure from the socialist grasp on the economy. Cuba likely recognizes that private-property ownership is fundamental to economic growth in capitalist countries and now seeks to benefit from the growth that accompanies a system of private-property rights. Cuba is not the first socialist country to embark on a process of property privatization. This paper will look …

The Time For Judgment Has Arrived: The Zivotofsky V. Clinton Effect On The Political Question Doctrine's Application To The War Powers Resolution, Shannon M. Doughty

Case Western Reserve Journal of International Law

The War Powers Resolution was enacted to serve as a congressional restraint on the President’s power to engage in Military Action. Since then, Congress and the President have disagreed over the enforcement and constitutionality of the statute. Nonetheless, courts have dismissed cases regarding the War Powers Resolution claiming it is of a solely political nature i.e. a political question. The Judiciary traditionally apply the political question doctrine to issues regarding foreign affairs and, in effect, avoided hearing cases regarding the specifics of the war powers pertaining to Executive and Congress. This lack of judicial determination has resulted in the and …

Attacks Against Cultural Heritage As A Crime Against Humanity, Yaron Gottlieb

Case Western Reserve Journal of International Law

"The article begins with a brief overview of the contemporary international criminal law regime governing attacks against cultural heritage. It continues by identifying the main legal gaps as well as additional considerations that support the introduction of a distinct crime against humanity in the Draft Convention’s list of crime. The article then defines the proposed new crime and analyzes the crime’s elements including a definition of cultural heritage for the purpose of the Draft Convention."

The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh

Case Western Reserve Journal of International Law

"It is submitted that, if the General Assembly takes forward the ILC’s draft text to conclude a new crimes against humanity treaty after the second reading, this will make a significant contribution to the development of modern international criminal law."

"Balancing" Free Expression And Religious Feelings In E.S. V. Austria: Blasphemy By Any Other Name?, John G. Wrench

Case Western Reserve Journal of International Law

The European Court of Human Rights’ 2018 decision in E.S. v. Austria upheld an Austrian court’s conviction based on “disparaging religious doctrine.” The Court took this opportunity to reaffirm problematic, decades-old precedent, while creating new contradictions in its analysis of free expression claims. Despite the EU’s modern opposition to the criminalization of blasphemy, E.S. v. Austria in effect sends a contradictory message. This Comment explores the roots of the Court’s struggle to find an appropriate balance between the values of religious tolerance and freedom of expression, analyzes the Court’s recent decision, and suggests future paths to recalibrate the Court’s approach …

Gone Girls: Exploring The Systematic Misunderstanding Of Women In Isis And Resulting International Security Concerns, Evan Colleen Jones

Loyola University Chicago International Law Review

No abstract provided.

Water Insecurity And Climate Change As Emerging Human Migration Pressures, Michael Tiboris

Loyola University Chicago International Law Review

No abstract provided.

The Profitability Of Ending The Marital Rape Exception: Ugandan Societal Norms Impeding Women's Right To Say No, Ali Roberson

Loyola University Chicago International Law Review

No abstract provided.

The 2020 Philip C. Jessup International Law Moot Court Competition- Memorial For Respondent

ILSA Journal of International & Comparative Law

No abstract provided.

A Comparative Analysis Of Data Privacy Impacted By Covid-19 Contact Tracing In The European Union, The United States, And Israel: Sacrificing Civil Liberties For A Public Health Emergency, Rachel L. Trotogott

ILSA Journal of International & Comparative Law

No abstract provided.

Beyond Good Intentions: New Legislation On Foreign Aid Effectiveness

The International Lawyer

The new law and the corresponding OMB and key foreign aid agencies' guidelines require providers to follow best practices in the monitoring and evaluation (M&E) of U.S government (USG) foreign aid.2 A recent study conducted by the U.S. Government Accountability Office across the key USG foreign aid agencies identified a number of areas that needed improvement in the design, implementation, conclusions, and dissemination of foreign assistance evaluations.3 FATAA and the relevant guidelines will require providers to address those areas and focus their reporting requirements on tangible outcomes and the impact of their programming. In recent years, federal agencies have placed …

Front Matter

The International Lawyer

No abstract provided.

Eu Action Plan Against Disinformation: Public Authorities, Platforms And The People

The International Lawyer

In democracies, people (demos in Greek) hold the power (kratos in Greek). When people elect their representatives from a number of candidates, such power is temporarily transferred to their elected representatives. Thus, the quintessence of democracy is a system of trust and accountability. Such power is returned to the people every time elections are held and people periodically evaluate their representatives and hold them accountable for their actions and omissions. If people are not satisfied with their representatives, they can always replace them with their competitors.

For democracy to function in a proper manner, it is important that people are …

Globalization Of Anglo-American Common Law Vs. Strong Nation State: Evidence From The Use Of Legal Counsel In Cross-Border Business Transactions Involving China, Jing Li

The International Lawyer

No abstract provided.

International Governance Of Cryptoassets: Whether, Why, What And Who?, Gary Marchant, Jalaj Jain, Oluwasegun Muse, Sayan Chandra

The International Lawyer

No abstract provided.

Addressing Complications In The International Tax Regime Resulting From The Digitalization Of The Economy, Nolan Mccarthy

The International Lawyer

No abstract provided.

Front Matter, Vol. 52 (2020)

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, 52 (2020)

Case Western Reserve Journal of International Law

No abstract provided.

Codifying The Obligations Of States Relating To The Prevention Of Atrocities, Sean D. Murphy

Case Western Reserve Journal of International Law

Keynote Speech, “Codifying the Obligations of States Relating to the Prevention of Atrocities.”

..."my focus is on international obligations embedded in major multilateral treaties that address the issue of prevention, either expressly or implicitly. In doing so, I will attempt to connect the past to the present, so as to highlight six obligations of States relating to prevention that the Commission deemed essential for inclusion in its 2019 CAH Articles."

Innovating To Restrain The Use Of The Veto In The United Nations Security Council, Amb. Christian Wenaweser, Sina Alavi

Case Western Reserve Journal of International Law

"Below we outline two innovations – one already implemented, and the other in the process of being officially presented to the UN membership – that have the potential to help restrain the [mis]use of the veto by permanent members of the Security Council. They both acknowledge the existence of the veto, and rather than aiming for its abolition they aim to bring its use more in line with the intentions of the drafters of the UN Charter."

(Code of Conduct (Security Council action on genocide, crimes against humanity, and war crimes) and General Assembly action when the veto is (mis-)used)

The Security Council Veto In The Context Of Atrocity Crimes, Uniting For Peace And The Responsbility To Protect, Ved P. Nanda

Case Western Reserve Journal of International Law

"After Russia’s thirteen vetoes and seven by China to shield the Syrian regime from any action, it seems reasonable to ask the question: In light of the findings of several U.N. reports, as well as reports from credible human rights organizations, that Syrian military and security forces have continued to commit atrocity crimes ever since the onset of the Syrian crisis, is it not prudent to explore the measures to protect innocent men, women, and children from such flagrant violations of human rights?"