From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus,
2015
William & Mary Law School
From Prosecutorial To Reparatory: A Valuable Post-Conflict Change Of Focus, Nancy Amoury Combs
Faculty Publications
No abstract provided.
A Just And Sustainable Solution To The Boat People Predicament In Australia?,
2015
University of New Hampshire - Main Campus
A Just And Sustainable Solution To The Boat People Predicament In Australia?, Laura Rose W. Donegan
Honors Theses and Capstones
Since the year 2000, there have been close to two thousand deaths of asylum seekers at sea as a result of foiled attempts to travel to Australia in order to seek protection under the United Nations Convention and Protocol on the Status of Refugees.[1] Many thousands more have made it to shore. Growing numbers of irregular or unauthorized migrants attempting to reach the United States and the European Union has long been known as a contentious policy issue in these states, but perhaps less known is the situation on the other side of the Pacific. Australia is the eight-largest …
Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality,
2015
Boston University School of Law
Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane
Faculty Scholarship
This article offers modest reflections on jus in bello proportionality. It suggests that the law of armed conflict (LOAC) build on the only consensus legal standard that exists: that of the good-faith reasonable military commander. The difficulty — here, as with any reasonableness standard — is to identify factors that realistically can, and legally should, guide adherence to it and to consider the objective and subjective dimensions of judgments under the standard. Part II scrutinizes the content and status of Additional Protocol I’s (API) canonical definition of proportionality. It analyzes its text and context to bring out the extent to …
Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina,
2015
Washington University in St Louis
Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina, Sondra Anton
Undergraduate Research Symposium Posters
I conducted research on three different factions of the original Madres de Plaza de Mayo cause in Buenos Aires, Argentina: Asociación Madres de Plaza de Mayo, Madres de Plaza de Mayo Línea Fundadora, and Abuelas de Plaza de Mayo. Through interviews and archival research, I have completed a comparison of the three groups. I have concluded that although their original cause of demanding the whereabouts of their disappeared children united them, they are now deeply fragmented among one another due to their differing opinions of how to achieve justice in post-Dirty War Argentina. Furthermore, it is interesting to note the …
Twilight In Afghanistan: An Introduction,
2015
Indiana University Maurer School of Law
Twilight In Afghanistan: An Introduction, Feisal Amin Istrabadi, Sumit Ganguly
Articles by Maurer Faculty
No abstract provided.
Mental Health Functioning In The Human Rights Field: Findings From An International Internet-Based Survey,
2015
New York University School of Medicine
Mental Health Functioning In The Human Rights Field: Findings From An International Internet-Based Survey, Amy Joscelyne, Sarah Knuckey, Margaret Satterthwaite, Richard A. Bryant, Meng Li, Meng Quian, Adam D. Brown
Faculty Scholarship
Human rights advocates play a critical role in promoting respect for human rights world-wide, and engage in a broad range of strategies, including documentation of rights violations, monitoring, press work and report-writing, advocacy, and litigation. However, little is known about the impact of human rights work on the mental health of human rights advocates. This study examined the mental health profile of human rights advocates and risk factors associated with their psychological functioning. 346 individuals currently or previously working in the field of human rights completed an internet-based survey regarding trauma exposure, depression, posttraumatic stress disorder (PTSD), resilience and occupational …
Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?,
2014
U.S. Naval War College
Mind The Gap: Can Developers Of Autonomous Weapons Systems Be Liable For War Crimes?, Tim Mcfarland, Tim Mccormack
International Law Studies
A recurrent response to the development of increasingly autonomous weapons systems involves questions of accountability for serious violations of the law of armed conflict. Opinion is divided across a spectrum ranging from claims of an accountability vacuum and consequent calls for a complete ban to assertions that the weapons will present no new challenges and that the existing legal framework is capable of adaptation to emerging technologies. This article focuses on the expanded role played by developers of autonomous weapons systems. It describes the novel contributions made by developers of these advanced systems that raise the potential for them to …
Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified,
2014
U.S. Naval War College
Autonomous Weapons And International Humanitarian Law: Advantages, Open Technical Questions And Legal Issues To Be Clarified, Marco Sassoli
International Law Studies
This contribution argues that autonomous weapons systems may have advantages from the perspective of ensuring better respect for international humanitarian law (IHL). This may be the case if they are one day capable of perceiving the information necessary to comply with IHL, can apply IHL to that information, and if it can be ensured that they will not deviate from the ways in which humans have programmed them. In the view of the author, targeting decisions do not require subjective value judgments a machine would be unable to make. In order to ensure IHL is respected with regard to use …
Adapting The Law Of Armed Conflict To Autonomous Weapon Systems,
2014
U.S. Naval War College
Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman
International Law Studies
As increasingly automated—and in some cases fully autonomous—weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose great challenges, however, with regard to law of armed conflict rules regulating the use of weapons. To adapt existing law to meet those challenges, we propose a three-tiered approach …
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens,
2014
Osgoode Hall Law School of York University
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi
LLM Theses
The responsibility to protect (R2P) doctrine allows the international community to intervene for humanitarian purposes in events of massive violations of human rights. However, the legality of humanitarian intervention has received considerable critical attention because of its direct conflict with two fundamental norms in international law: the prohibition of the use of force, and the principle of state sovereignty. In Syria, mass atrocity crimes are escalating on a daily basis. Until now, international efforts have failed to find a peaceful formula to stop the crisis. International law allows the Security Council to authorize humanitarian intervention under the power of Chapter …
Obama Administration’S Position On The Un Torture Convention: New? Yes. Significant? Not So Much,
2014
Benjamin N. Cardozo School of Law
Obama Administration’S Position On The Un Torture Convention: New? Yes. Significant? Not So Much, Gabor Rona
Online Publications
Could it be that American international law experts and human rights advocates are suffering from some form of Stockholm Syndrome — so many defeats and dashed hopes at the hands of our government that we sometimes take excessive comfort in small and imaginary crumbs that it drops for us? For an example of this, look no further than the United States’ appearance last week before the UN’s Committee against Torture in Geneva – the body established by the Convention against Torture (CAT) to monitor State compliance with the Convention.
Toward Win-Win Sustainable Development,
2014
Columbia Law School
Toward Win-Win Sustainable Development, Linda Moon
Columbia Center on Sustainable Investment Staff Publications
An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.
Targeting “Islamic State” Oil Facilities,
2014
U.S. Naval War College
Targeting “Islamic State” Oil Facilities, Kenneth Watkin
International Law Studies
In September 2014 the United States and Coalition partners conducted aerial attacks against several Islamic State-operated modular oil refineries in Syria. The Pentagon’s rationale is that the refineries provided fuel for Islamic State operations, money to finance continued attacks and constituted an economic asset to support future operations. Attacking the oil production facilities to stop the sale of smuggled oil, the proceeds of which “fuel” Islamic State activities is potentially controversial. Additional Protocol I limits attacks to those objects that “make an effective contribution to military action.” The U.S. position is that “war-sustaining objects” may also be lawfully targeted, thus …
1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines,
2014
U.S. Naval War College
1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines
International Law Studies
This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …
The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict,
2014
U.S. Naval War College
The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin
International Law Studies
There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …
International Law Applicable To Naval Mines,
2014
U.S. Naval War College
International Law Applicable To Naval Mines, Chatham House
International Law Studies
This report summarizes the workshop held on February 26–27, 2014 on the law governing the use of naval mines in times of both peace and war. The workshop, organized by Chatham House, the Royal Navy and U.S. Naval War College, brought together a group of international law scholars, operational lawyers and other legal experts in the field. The objective of the workshop was to clarify existing law and identify areas of legal uncertainty to assist States to conduct their operations lawfully.
Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases,
2014
Gettysburg College
Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias
Student Publications
Italy's unique geographic location at the coast of the Mediteranean Sea gives much opportunity for the international community to criticize its dealings with asylum seekers crossing the body of water to enter Europe. The UNHCR reported that as of October 2014, 165,000 asylum seekers had taken dangerous journeys across the Mediterranean Sea; of those 165,000 people, Italy received 140,000.
Proportionality 2.0: Evaluating Military Force In A Modern International Humanitarian Legal Framework,
2014
University of Miami Law School
Proportionality 2.0: Evaluating Military Force In A Modern International Humanitarian Legal Framework, Deborah Beth Medows
University of Miami International and Comparative Law Review
No abstract provided.
So We Ran...,
2014
Gettysburg College
So We Ran..., Sara R. Bias
Student Publications
This paper tells the true story of a Hungarian refugee who's family fled the communist regime there in 1971. Gabriella Bercze's story reflects on what it was like to live in Hungary under communist rule, and her family's experience in escaping the country, and fleeing to Italy, where they lived in a refugee camp for months before immigrating to the United States in the early 70s.
States And Status: A Study Of Geographical Disparities For Immigrant Youth,
2014
Boston University School of Law
States And Status: A Study Of Geographical Disparities For Immigrant Youth, Laila Hlass
Faculty Scholarship
This article looks at the legal and practical challenges arising out of a particular immigration protection for abandoned, abused, and neglected child migrants called “Special Immigrant Juvenile Status” (SIJS). This benefit, which is a pathway to legal permanent residence and citizenship, is the only area within federal immigration law that requires a state court to take action in order for immigration authorities to consider an individual’s eligibility for relief. Using an original data set of roughly 12,000 SIJS applications from the Department of Homeland Security in June 2013, this article describes trends over time and by state regarding the number …
