International Law Commons^™

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

Blood Cobalt: Unmasking And Charging Corporations For Involvement In International Law Violations In The Democratic Republic Of Congo, Bolu Jegede

American University International Law Review

Joint Criminal Enterprise (JCE) is a legal doctrine developed by the International Criminal Tribunal for the Former Yugoslavia (ICTY) to hold participants in a criminal enterprise equally liable for all results of the group’s criminal actions, even if the individuals were not directly involved in committing the crimes. While traditionally used to prosecute individual criminal actions, JCE provides a legal pathway to hold corporations criminally liable for their actions that further international law violations. Although corporations currently do not have specific, listed responsibilities under international law, they are required to respect human rights and ensure their activities do not perpetrate …

The Blue Economy Comes To Green Creek, Ursula Ramsey

South Carolina Journal of International Law and Business

Oceans, touted as the “next great economic frontier,” are projected to contribute three trillion dollars to the global economy. Beyond their economic potential, oceans provide a host of environmental benefits: oceans supply over half of the planet’s oxygen and contain nearly all of the Earth’s water and biosphere. Especially because the high seas represent one of the few remaining global commons, oceans present a governance challenge. Meeting this challenge is the concept of the blue economy, a form of governance that combines environmental stewardship, economic development, and social equity. This article, in discussing Mulvihill v. South Carolina Department of Health …

The Effect Of Constructive Ambiguity On Differentiation In The Climate Change Regime: Mitigation And Climate Justice, Enam Korkor Antonio

Loyola University Chicago International Law Review

In the high-stakes world of international climate negotiations, words can be both sword and shield. This article exposes how "constructive ambiguity" worked as a double-edged sword in shaping the discourse on differentiated responsibilities for climate change mitigation. This linguistic diplomatic maneuver may have temporarily bridged seemingly insurmountable divides. However, it has also undermined global climate justice. This article traces the evolution of differentiation in the climate change regime, revealing three distinct interpretations that emerge from the mist of constructive ambiguity. This article's central point is that the success of international climate action hinges on a bold recalibration: embracing each stage …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Where Air Meets Space: Legal Implications For The Provision And Use Of In-Flight Internet Connectivity By Satellite, Steven Truxal, Dimitra Stefoudi

Loyola University Chicago International Law Review

In view of the increasing scale and broadening scope of the provision and use of in-flight internet connectivity by satellite, this article identifies relevant legal implications for States, satellite operators and airlines. With reference to international air law and international space law, as well as telecommunication law, this article discusses the extent to which existing law can alleviate legal concerns.

The article begins with an introduction that discusses the intersection of air and space, locating the provision and use of in-flight connectivity by satellite. A lack of political and legal consensus on where precisely to delineate outer space is explained …

Non-State Armed Conflicts Or Criminal Activities? Haitian Gangs In The International Humanitarian Law Framework, Grace Paulson

Loyola University Chicago International Law Review

Over the years, numerous attempts have been made to establish stability in Haiti, including efforts by President Jovenel Moïse, yet none have succeeded. The power vacuum left by the assassination of President Jovenel Moïse in 2021 further fueled the recent widespread outbreak of gang violence. In the absence of both a trusted, elected president and a functional government, gangs have taken it upon themselves to fill this power void—particularly the gang known as G9. The leader of the G9 gang has used the assassination of Moïse as fuel to encourage his followers to engage in “legitimate violence” against the corrupt …

The Human Right To A Healthy Environment: Corporate Responsibility In Critical Mineral Extraction, Erika George

Loyola University Chicago International Law Review

This paper argues that the emerging human right to a clean, healthy, and sustainable environment should guide the governance of critical minerals by incorporating the corporate responsibility to respect human rights throughout supply chains to ensure a racially just energy transition. It frames the climate crisis within the history and political economy of racial capitalism, contending that without rights-based guardrails, mineral supply chains risk reproducing the extractive harms and racialized disparities of the fossil fuel era, including labor abuses, displacement, water depletion, and violence disproportionately borne by racialized and Indigenous communities. Methodologically, the paper combines doctrinal analysis of international norms …

A Route To Self-Determination: Empowering The West Papuan Region Through Targeted Special Autonomy Law Reforms And Iccpr/Icescr Integration, Maanasa Pamganamamula

Loyola University Chicago International Law Review

This Comment examines Indonesia’s governance over West Papua, analyzing how the 2001 Special Autonomy Law and its 2021 amendments have undermined Papuans’ right to self-determination. Although the 2001 law aimed to enhance regional autonomy and protect Indigenous rights, it has largely failed, fueling protests, human rights violations, and militarization. These ongoing issues trace back to the 1962 United States brokered “New York Agreement,” which transferred administrative control to Indonesia following Dutch withdrawal. By excluding Papuans from key decisions, such as the “Act of Free Choice,” Indonesia entrenched systemic abuses that continue to shape the region’s political landscape.

Building on this …

Masthead, Vol. 57 (2025)

Case Western Reserve Journal of International Law

No abstract provided.

White Paper On The Need To Strengthen International Humanitarian Law To Address The Challenges Of 21st Century Warfare, Cleveland Experts Meeting

Case Western Reserve Journal of International Law

"On the seventy-fifth anniversary of the Geneva Conventions, thirty leading experts in the field of IHL from around the world gathered at Case Western Reserve University School of Law in Cleveland, Ohio, on September 26, 2024, to discuss whether there is a need to strengthen IHL to address the challenges of 21st century warfare, and how that could best be accomplished. The experts participated in three follow-up meetings over Zoom on October 31, November 7, and November 14, 2024. The participating experts are listed at the end of this document. The experts participated in their personal capacity; the views expressed …

Uncovering Spain's Lost Victims: Can The Continuing Crimes Doctrine Expand The Jurisdiction Of The International Criminal Court?, Kaitlyn Booher

Case Western Reserve Journal of International Law

Throughout Spain’s transition years (1975-1985), the country has maintained an “agreement to forget” and consequently failed to prosecute any perpetrators of crimes during the Franco dictatorship. This Note examines Franco-era forced disappearances in Spain and argues that the ICC has ratione temporis jurisdiction to investigate and prosecute perpetrators under the application of the continuing crimes doctrine, which is consistent with the principle of nullum crimen sine lege. (Abstract from author.)

Space Warfare: Do We Need Additional Treaties?, Col. Stuart A. Pettis (Ret.)

Case Western Reserve Journal of International Law

With the growth in counter-space weapons and military services dedicated to space, should International Humanitarian Law be expanded to address a “war in space?” This Paper will examine what a conflict in space would look like and existing laws that govern military activities in space. Ultimately, this paper will argue that International Humanitarian Law is already flexible enough to address this new venue for conflict. (Abstract from author.)

The Geneva Conventions At 75: Need For Innovation (Keynote Address), John Bellinger

Case Western Reserve Journal of International Law

No abstract provided.

Does The Dual-Use Of Space Objects Necessitate A New Geneva Convention?, Svenja Berrang, Ll.M.

Case Western Reserve Journal of International Law

With “the first commercial space war” in Ukraine, the widespread and ever-increasing practice of using commercial space systems and services for military activities came to the public eye. States increasingly rely on and integrate commercial space activities1 into military activities to enhance their military capabilities and to strengthen deterrence. But by incorporating commercial actors into their military activities, States may incidentally make civil actors become military targets during an international armed conflict. Eventually, this may endanger commercial employees when those employees take direct part in hostilities and ultimately lose their protection as non-targeted civilians.

This Article examines the increased reliance …

Beyond Agency Authority: Regulating Sulfur Hexafluoride Under An Enhanced Title Ii Framework Of The Clean Air Act, Matthew Gawley

Fordham Environmental Law Review

This paper explores the critical need for robust Congressional action to regulate sulfur hexafluoride (SF6), a greenhouse gas with a global warming potential more than 20,000 times greater than carbon dioxide. Recent Supreme Court decisions––in West Virginia v. EPA and Loper Bright Enterprises v. Raimondo––to restrict EPA authority and end the Chevron doctrine have curtailed federal environmental agencies’ regulatory authority, shifting the responsibility for addressing major environmental challenges back to Congress. Despite being addressed under Title I of the Clean Air Act (CAA) through the 2022 Inflation Reduction Act (IRA), current SF6 regulations prove grossly inadequate. The utilities industry––the largest …

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.

How Pretrial Detention Deprives A Child’S Access To Education: The Convention On The Rights Of The Child And The Juvenile Justice Reform Act, Abby Groetsch

Human Rights Brief

Although the United States (“U.S.”) has not ratified the Convention on the Rights of the Child, which specifically outlines the rights of juvenile defendants, the Supreme Court’s interpretation of the Fifth and Fourteenth Amendments provides implicit rights for children accused of criminal acts. In 1967, the Supreme Court decided In re Gault, definitively establishing that the Due Process Clause of the Fourteenth Amendment applied to juvenile defendants. The Supreme Court has also stated that children should be treated differently than adults, outlining different sentencing requirements for crimes committed while a person is under the age of eighteen.

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.

Comparative Lessons For Enhancing Representation In The U.S. Judiciary - And Countering Democratic Decline, Shruti Rana

Faculty Publications

At this precarious moment for democratic institutions and the rule of law in the United States, this Essay draws upon efforts to build more representative judiciaries in other countries and in international fora to identify promising strategies for enhancing representation in the U.S. judiciary, particularly with respect to gender and parity. 23 It argues that efforts to enhance judicial representation and parity in the United States could benefit from incorporating and building upon international legal principles and the practices of international courts, institutions, and organizations with respect to parity and representation. Crucially, at the same time, efforts to ensure greater …

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 …

Digital Sovereignty And Ai: New Threats To Corporate Participation In Internet Governance?, Michael J. Kelly, David E. Satola

Case Western Reserve Journal of International Law

Authoritarian regimes have long challenged the multistakeholder model of Internet governance in pursuit of more state-centered controls. Recent assertions of digital sovereignty, coupled with dramatic advancements in artificial intelligence (AI), present twin threats that those regimes may now deploy to advance that challenge. This Article argues that corporations, which currently have a seat at the governance table, must engage with this debate on the side of Western liberal democracy and Internet human rights or risk losing those seats. (Abstract from authors.)

Cyber Operations And The Crime Of Aggression, Jennifer Trahan

Case Western Reserve Journal of International Law

The Article examines how the crime of aggression could be committed through cyber operations, analyzing the definition of the crime contained in the Rome Statute of the International Criminal Court. The Article also examines the restrictive jurisdictional regime that the ICC has over the crime of aggression, which States Parties must fix so that the ICC can have meaningful jurisdiction over the crime. The Article briefly also considers the topic of gravity and cyber-operations. (Abstract from author.)

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.)

The Geneva Conventions At 75: An Argument That New Legal Authority Is Needed To Fill Critical Gaps, Sandra Hodgkinson

Case Western Reserve Journal of International Law

For seventy-five years, the Geneva Conventions have served as the gold standard of treatment for military forces that take part in hostilities. However, modern developments on the battlefield, including the rise of non-state actors in today’s conflicts, have exposed gaps in the Geneva Conventions that require new legal authority. States should pursue avenues to fill these gaps with binding new legal authority, as well as continue the development of customary international law, and soft-law projects. (Abstract from author.)

A Taste Of Armageddon: Legal Considerations For Lethal Autonomous Weapons Systems, Paul R. Williams, Ryan Jane Westlake

Case Western Reserve Journal of International Law

Lethal Autonomous Weapons Systems (LAWS) represent a profound shift in the nature of warfare, where machines, not humans, make life-or-death decisions on the battlefield. While these weapons offer strategic advantages, such as reducing human casualties and increasing operational efficiency, they also introduce significant legal, ethical, and accountability challenges. This Article explores the complexities surrounding the proliferation and use of LAWS, arguing that a total ban is unlikely due to the widespread accessibility and benefits these technologies offer to those who deploy them. Rather, this Article proposes the application of strict liability—traditionally a tort law concept—to the developers of LAWS as …

Autonomous Weapons Systems And The Need To Update International Humanitarian Law?, Milena Sterio

Case Western Reserve Journal of International Law

This Article discusses whether the relevant rules of International Humanitarian Law (IHL), and in particular, the 1949 Geneva Conventions and their 1977 Additional Protocols should be updated in order to develop a clearer framework regarding the permissibility and legality of the use of Autonomous Weapon Systems (AWS) in armed conflict. This Article first discusses the existing Geneva Conventions and Additional Protocols’ rules applicable to the use of all weapons, including AWS. Next, this Article discusses possible ways of reshaping and reconceptualizing IHL in order to adapt its current rules or to develop new rules that would better regulate the use …