International Humanitarian Law Commons^™

Rethinking The Role Of Ngos In An Era Of Extreme Wealth Inequality: The Example Of The Bill & Melinda Gates Foundation, John J. Chung

Roger Williams University Law Review

No abstract provided.

Epilogue: Some Musings On Deterrence, Mark A. Drumbl

Scholarly Articles

Does law matter? Might it make a difference? Affect human behaviour? Assumptively, yes, it is easy to surmise such causation. Indeed, law can guide. Law manages. At times, law can even control and command and direct. But law is such a sprawling category. Not all laws are the same. Some laws are, in an Orwellian sense, more equal than others. Some walk on four legs, which is good, but not every law comes to walk on two legs when it is better. And some laws, well, they may not move anywhere (or anyone) at all.

The Icc Should Not Encourage Occupation, Uri Weiss

Touro Law Review

No abstract provided.

Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella

Seattle University Law Review

One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …

Crimes Against Humanity: Little Progress On Treaty As Un Legal Committee Concludes Its Work, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

The United Nations General Assembly’s legal committee again missed the opportunity to take action this year on the draft text of a new treaty on crimes against humanity proposed by the International Law Commission. The failure, in the form of a vote Nov. 18 on a draft resolution that simply took note of the draft articles, leaves a critical gap in the legal architecture for preventing and punishing mass atrocity crimes. The result deprives a range of victims and survivors the effective protection and justice they deserve.

Banning The Full-Face Veil: Freedom Of Religion And Non-Discrimination In The Human Rights Committee And The European Court Of Human Rights, Sarah H. Cleveland

Faculty Scholarship

What is, or should be, the relationship between claims of violations of the right to manifest one’s religion as a result of a generally applicable law or policy, and claims of indirect discrimination on grounds of religion?

The interrelationship of human rights protections is not a new question. Just as rights may conflict, rights may also overlap. The arrest of a human rights activist for expressing her views could violate both the prohibition against arbitrary detention and her freedom of expression. Excessive use of force against peaceful demonstrators could violate their rights to freedom of assembly, freedom of expression, and …

Human Dignity Has No Borders: Respecting The Rights Of "People On The Move" And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

Journal Articles

This Article argues that states must desist from and be held accountable for the ongoing practices of denying refugees due process and denying humanitarian groups the rights to freely associate and freely exercise their religion in assisting refugees.

States And Laws, Jews And Palestinians: Yadgar's Traditionist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg

Intercultural Human Rights Law Review

This essay reviews Israel's Jewish Identity Crisis: State and Politics in the Middle East, published last year by Yaacov Yadgar (Stanley Lewis Professor of Israel Studies at the University of Oxford School of Global and Area Studies). His book connects Israel's sometimes arcane internal identity debates to core issues in the Israel/Palestine conflict, a connection largely unexamined prior to this book.

Historical Basis And Legal Development [Of International Humanitarian Law], Mary Ellen O'Connell

Book Chapters

Chapter 2

Although the subject of this Handbook is the law applicable to the conduct of hostilities that applies once a party has entered into armed conflict (the jus in bello), that law cannot be properly understood without some examination of the separate body of rules which determines when resort to armed force is permissible (the jus ad bellum). The jus ad bellum has ancient origins but current law is founded on Article 2(4) and Chapter VII of the UN Charter.

Additional chapter authors:

Michael Bothe, Knut Dörmann, Tristan Ferraro, Nobuo Hayashi, Wolff Heintschel von Heinegg, Knut Ipsen, Ben F …

Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat

Scholarship@WashULaw

This essay traces the history of the International Criminal Court from its establishment in 1998 until the current day. It briefly surveys the history of the Court’s founding and evokes many of its current challenges and innovative aspects of its jurisprudence, particularly regarding jurisdiction, immunities, and admissibility, including decisions relating to the Situations in Afghanistan, Bangladesh/Myanmar, Libya, Palestine, and Sudan. As the essay notes, although many challenges have emerged from internal difficulties the Court has faced or design elements of the Statute, external challenges arising from the geopolitical environment within which it operates exist as well. Despite these problems, which …

Sporting Institutions Turned A Blind Eye To China's Human Rights Abuses, But They Have The Potential To Drive Global Change, Hailey Ferguson

Human Rights Brief

No abstract provided.

U.S. "Asylum Cooperative Agreements" With Central American Countries Are Unlawful, Maria Alejanda Torres

Human Rights Brief

No abstract provided.

Forced Pregnancy And Gender Based Violence In Latin America, Miranda Carnes

Human Rights Brief

No abstract provided.

Australia's First Nations Community And The Right To Water, Maya Martin Tsukazaki

Human Rights Brief

No abstract provided.

The Unexpected Way Coal Mining In Zimbabwe's Hwange National Park Is A Human Rights Violation, Lily Baron

Human Rights Brief

No abstract provided.

Institutionalization And Torture Of People With Disabilities In Mexico: A Case For Holding States Responsible For Crimes Against Humanity, Priscila Rodriquez

Human Rights Brief

No abstract provided.

21st Century Refugees: Uncovering The Human Rights Gap, J. Mauricio Gaona

Human Rights Brief

No abstract provided.

Reforming The Legal Process: An End To Human Trafficking In Latin America, Miranda Carnes

Human Rights Brief

No abstract provided.

Mining In Guatemala: Human Rights And Investment Treaty Arbitration, Valentina Capotosto

Human Rights Brief

No abstract provided.

A Long Road Or Dead End?: Justice For A Chilean General, Julio A. Sanchez, Anita Sinha

Human Rights Brief

No abstract provided.