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International Humanitarian Law Commons

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Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger 2022 University of Cincinnati College of Law

Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger

University of Cincinnati Law Review

No abstract provided.


Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya 2022 American University, Washington College of Law

Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya

Refugee Law & Migration Studies Brief

No abstract provided.


The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell 2022 American University, Washington College of Law

The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell

Refugee Law & Migration Studies Brief

No abstract provided.


The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan 2022 American University Washington College of Law

The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan

Refugee Law & Migration Studies Brief

No abstract provided.


Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla 2022 American University Washington College of Law

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.


Letter From The Editor, Isabella Zink 2022 American University, Washington College of Law

Letter From The Editor, Isabella Zink

Refugee Law & Migration Studies Brief

No abstract provided.


Comments On The International Criminal Court Office Of The Prosecutor's Draft Policy On The Crime Of Gender Persecution Under The Rome Statute, Milena Sterio 2022 Cleveland State University College of Law

Comments On The International Criminal Court Office Of The Prosecutor's Draft Policy On The Crime Of Gender Persecution Under The Rome Statute, Milena Sterio

Law Faculty Reports and Comments

The Draft Policy promises to be a seminal contribution not only to the Office of the Prosecutor's (OTP) policy and practice and the International Criminal Court's (ICC) jurisprudence on gender persecution, but also to the development of international criminal law generally. Building on its prior work, including the 2014 Policy Paper, the OTP is well placed to develop policies and procedures that protect historically marginalized and oppressed groups, deliver justice that accurately reflects the depth and breadth of the gender persecution suffered, and shed light on a crime that has to date received only limited attention.

As it finalizes the …


Brief Of Human Rights And Labor Rights Organizations And Experts As Amici Curiae In Support Of Petitioners, Janie A. Chuang 2022 American University Washington College of Law

Brief Of Human Rights And Labor Rights Organizations And Experts As Amici Curiae In Support Of Petitioners, Janie A. Chuang

Amicus Briefs

Since Congress first enacted the Trafficking Victims Protection Act of 2000, it has expanded and strengthened it through successive reauthorizations. Congress has broadened the scope of the TVPRA in order to impose criminal and civil liability on individuals, corporations, and other legal persons who use, or knowingly benefit from ventures that use, forced labor, as well as those who aid and abet these practices. Through this legislation, Congress has bolstered efforts to hold traffickers accountable, opening the courthouse doors to victims of these egregious crimes.

The Ninth Circuit's decision below undermined the very statutory scheme Congress put in place to …


Speculations On Criminal Justice Mechanisms To Address The North Korean Regime's Human Rights Violations: Icc, Ad Hoc Tribunals, Or Something Else?, Yun Ju Kang 2022 Ohio Northern University

Speculations On Criminal Justice Mechanisms To Address The North Korean Regime's Human Rights Violations: Icc, Ad Hoc Tribunals, Or Something Else?, Yun Ju Kang

Ohio Northern University Law Review

No abstract provided.


Manual On International Humanitarian Law For The Armed Forces Of The Russian Federation (2002), 2022 U.S. Naval War College

Manual On International Humanitarian Law For The Armed Forces Of The Russian Federation (2002)

International Law Studies

A translation of the Manual on International Humanitarian Law for the Armed Forces of the Russian Federation, 2002, by Aleksei Romanovski. This translation was originally published as Appendix 1 in Evan J. Wallach, The Law of War in the 21st Century (2017).


Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham 2022 U.S. Naval War College

Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham

International Law Studies

This article aims at elucidating the human rights of conscientious objectors to military service and offers detailed substantive guidance for protecting their rights vis-à-vis armed non-State actors and de facto authorities. Persons who live in territory controlled by armed groups or de facto authorities often face human rights protection gaps, for example their freedom of conscientious objection may not be recognized or fully implemented. This article analyzes the practice by international human rights mechanisms in their engagement with de facto authorities in Afghanistan (Taliban), Cyprus (northern part), the Republic of Moldova (Transnistrian region), and Azerbaijan (Nagorno-Karabakh region), along with the …


Some Reflections On The Threshold For International Armed Conflict And On The Application Of The Law Of Armed Conflict In Any Armed Conflict, T.D. Gill 2022 U.S. Naval War College

Some Reflections On The Threshold For International Armed Conflict And On The Application Of The Law Of Armed Conflict In Any Armed Conflict, T.D. Gill

International Law Studies

This essay discusses the threshold of application of international humanitarian law (IHL) in both international (IAC) and non-international armed conflicts (NIAC). In relation to IAC it questions whether the International Committee of the Red Cross (ICRC) “first shot” approach is the most appropriate, since it opens the way for the intensification of conflicts beyond what is necessary in relation to relatively minor armed incidents and argues that the humanitarian protection clauses of IHL should be separated from the rules governing hostilities and makes a case for the application of ad bellum considerations of necessity and proportionality to act as a …


Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury 2022 University of Cincinnati College of Law

Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury

University of Cincinnati Law Review

Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …


The Legal Requirement For Command And The Future Of Autonomous Military Platforms, Rain Liivoja, Eve Massingham, Simon McKenzie 2022 U.S. Naval War College

The Legal Requirement For Command And The Future Of Autonomous Military Platforms, Rain Liivoja, Eve Massingham, Simon Mckenzie

International Law Studies

Technologically advanced armed forces extensively use platforms that can be controlled remotely and do not require an on-board crew. Increasingly, these systems have the capacity to function with some degree of autonomy. The use of autonomous functionality is not specifically prohibited or regulated by the law of armed conflict but the use of autonomous functions in military systems remains governed by the general principles and rules of international law.

One existing international law concept may constrain the use of autonomous capabilities in military vessels and aircraft. This is the notion that military units must be “under the command” of an …


Armed Groups’ Compliance With International Law: A Study In The Rules Of International Humanitarian Law And The Need To Improve Them- (Part I), salwa elekyabi Dr. 2022 Consultant/Advisor, Academic Affairs -General Directorate, Educational & Vocational Institutions Review - Bahrain

Armed Groups’ Compliance With International Law: A Study In The Rules Of International Humanitarian Law And The Need To Improve Them- (Part I), Salwa Elekyabi Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

(Part I)

While current core rules governing armed conflicts has remained almost the same since the adoption of the 1949 Geneva Conventions and its two additional protocols of 1977, the nature of non-international armed conflicts has gone under a tremendous development. This poses a question on whether there is a need to develop the rules of International Humanitarian Law (IHL) applicable to Armed Groups in times of non-international armed conflicts to cope with the changes in the armed conflicts layout. Accordingly, this article is addressing this question and examining ways to improve armed groups’ compliance with the provisions of IHL. …


Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers 2022 Benjamin N. Cardozo School of Law

Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers

Online Publications

This memorandum supports the Free Yezidi Foundation’s (FYF) filing in the Lafarge Case concerning allegations of complicity in crimes against humanity, including genocide. The Lafarge Corporation continuously operated its factory and, moreover, financially contributed to the Islamic State of Iraq and al-Sham (IS, ISIS, Daesh) between 2013 and 2014, inclusive of the period between 3 August 2014 and 19 September 2014. During those weeks, and represented in a timeline annexed to this memorandum, international and French media, international organizations, and governments extensively reported on and condemned IS acts committed against the Yezidi population that could constitute crimes against humanity under …


International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann 2022 U.S. Naval War College

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

International Law Studies

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …


Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava 2022 Rashtriya Raksha University, Gujarat, India

Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Neutral State Access To Ukraine’S Food Exports, James Kraska 2022 U.S. Naval War College

Neutral State Access To Ukraine’S Food Exports, James Kraska

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, May 18, 2022, https://lieber.westpoint.edu/neutral-state-access-ukraines-food-exports/.


Maritime Exclusion Zones In Armed Conflicts, Raul (Pete) Pedrozo 2022 U.S. Naval War College

Maritime Exclusion Zones In Armed Conflicts, Raul (Pete) Pedrozo

International Law Studies

This article originally appeared in Articles of War, the online publication of the Lieber Institute at the U.S. Military Academy, Apr. 12, 2022, https://lieber.westpoint.edu/maritime-exclusion-zones-armed-conflicts/.


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