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Reproductive Rights in the Legal Academy: a New Role for Transnational Law
Reproductive Rights in the Legal Academy: A New Role for Transnational Law Martha F. Davis Northeastern University - School of Law United States Bethany Withers Harvard University Law School United States Journal of Legal Education, September 2009 Abstract: Most law school courses approach reproductive rights law from a purely domestic perspective, as an extensive survey of casebooks and course material reveals. The authors argue that a transnational perspective can enhance the teaching of sexual and reproductive health in all of the law school courses and doctrinal settings in which this topic in treated. While the topic of “Global Sexual and Reproductive Rights” can be presented in a free-standing course, transnational perspectives should also be integrated across the curriculum where sexual and reproductive rights are discussed. Expanding reproductive rights pedagogy to address transnational perspectives will aid in exposing a wide range of students to transnational material, will expand students’ preparedness to analyze such materials, and will better reflect the debates on sexual and reproductive health currently taking place outside of law school classrooms. Drawing on a range of foreign and international material, the authors provide specific suggestions for integrating such material into courses on Constitutional Law, Family Law and Bioethics. The pages below are an excerpt from a forthcoming article by Professor Davis and Bethany Withers in the Journal of Legal Education. Constitutional Law Right to Procreate and Transnational Law Beginning with Skinner, transnational material can supplement a discussion of domestic fundamental rights questions in a constitutional law course. Interestingly, Justice Douglas’s opinion in Skinner framed the case as one that “touches a sensitive and important area of human rights,” thus signaling the relevance of transnational law—if not jurisprudentially then certainly as it is suggested here, for pedagogical purposes. -
THE ROLE of the RULE of LAW in VIRTUAL COMMUNITIES Nicolas Suop
THE ROLE OF THE RULE OF LAW IN VIRTUAL COMMUNITIES Nicolas Suop TABLE OF CONTENTS I. INTRODUCTION ................................................1818 II. THE DETERMINISTIC TREND IN CYBERLAW THEORY .............................................. 1820 A. THE DEVELOPMENT OF CYBERLAW THEORETICAL DISCOURSE .................................................... 1821 1. The FlawedAssumptions in the Development of Cberlaw Theoretical Discourse...................................... 1825 2. Situating Cyberspace in Order to Overcome the Dichotomy Between Regulation andA utonomy......................... ... .................. 1830 B. USING THE RULE OF LAW TO BETTER CONCEPTUALIZE PRIVATE GOVERNANCE POWER ............................ 1836 III. GOVERNANCE LIMITED BY LAW .................. .............. 1842 A. RULE OF LAW LIMITATIONS ON ARBITRARY PUNISHMENT .......... 1843 B. PROTECTION OF SUBSTANTIVE INTERESTS .......... ............ 1845 1. Freedom of Expression Concerns: Discrimination,Speech, and Protest.. 1850 2. Propert Rights..................................... 1856 3. Right to Privacy.................................... 1861 4. Rights of Legal Enforcement............................ 1863 5. Summary of Substantive Values and a More GeneralApplication........ 1865 IV. FORMAL LEGALITY....................... ............. 1866 A. PREDICTABILITY ................................... ...... 1866 1. Clear Rules ................................. ...... 1867 2. Changing Rules.................................... 1868 3. Emergent Behavior and Uncertain Rules.......................... -
Sexual Violence and Armed Conflict: United Nations Response
Women2000 Sexual Violence and Armed Conflict: United Nations Response Published to Promote the Goals of the Beijing Declaration and the Platform for Action April 1998 UNITED NATIONS Division for the Advancement of Women Department of Economic and Social Affairs Introduction Sexual violence during armed conflict is not a new phenomenon. It has existed for as long as there has been conflict. In her 1975 book Against Our Will: Men, Women and Rape, Susan Brownmiller presented stark accounts of rape and other sexual atrocities that have been committed during armed conflict throughout history. While historically very few measures have been taken to address sexual violence against women committed during armed conflict, it is not true to say that there has always been complete silence about the issue. Belligerents have often capitalized upon the abuse of their women to garner sympathy and support for their side, and to strengthen their resolve against the enemy. Usually, the apparent concern for these women vanishes when the propaganda value of their suffering diminishes, and they are left without any prospect of redress. It is true to say that the international community has, for a long time, failed to demonstrate a clear desire to do something about the problem of sexual violence during armed conflict. The turning point came in the early 1990s as a result of sexual atrocities committed during the conflict in the former Yugoslavia, and it seems that finally, the issue has emerged as a serious agenda item of the international community. Many of the steps taken to address Towards the end of 1992, the sexual violence against women during world was stunned by reports of armed conflict have occurred within the sexual atrocities committed framework of the United Nations. -
The Geneva Conventions and Public International
Volume 91 Number 875 September 2009 REPORTS AND DOCUMENTS The Geneva Conventions and Public International Law British Foreign and Commonwealth Office Conference commemorating the 60th Anniversary of the 1949 Geneva Conventions, London, 9 July 2009 Address by Theodor Meron, Judge and former President of the International Criminal Tribunal for the former Yugoslavia, Professor of International Law and holder of the Charles L. Denison Chair at New York University Law School With sixty years of hindsight, it seems particularly appropriate to reflect on the trajectory of international humanitarian law (IHL) as shaped by the 1949 Geneva Conventions. The near universal acceptance of the Conventions and their secure integration into the international system can sometimes lead us to underestimate the significance of their impact. It is this transformative impact on public inter- national law which will be the focus of this note. To start, I will briefly review the historical context from which the 1949 Conventions materialized. Calamitous events and atrocities have always driven the development of IHL. In 1863, the American Civil War gave rise to the Lieber Code. This ultimately gave birth to the branch of IHL commonly known as the Hague Law, which governs the conduct of hostilities. One hundred and fifty years ago, the battle of Solferino – immortalized in Henry Dunant’s moving memoir of suffering and bloodshed – inspired the Red Cross Movement. Thence began the other branch of IHL, the Geneva Law, which – starting with the first Geneva Convention in 1864 – has provided for the protection of victims of war, the sick, the wounded, prisoners and civilians. -
Geneva Conventions of 12 August 1949
THE GENEVA CONVENTIONS OF 12 AUGUST 1949 AUGUST 12 OF CONVENTIONS THE GENEVA THE GENEVA CONVENTIONS OF 12 AUGUST 1949 0173/002 05.2010 10,000 ICRC Mission The International Committee of the Red Cross (ICRC) is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance. The ICRC also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles. Established in 1863, the ICRC is at the origin of the Geneva Conventions and the International Red Cross and Red Crescent Movement. It directs and coordinates the international activities conducted by the Movement in armed conflicts and other situations of violence. THE GENEVA CONVENTIONS OF 12 AUGUST 1949 THE GENEVA CONVENTIONS OF 1949 1 Contents Preliminary remarks .......................................................................................................... 19 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF 12 AUGUST 1949 CHAPTER I General Provisions ....................................................................................................... 35 Article 1 Respect for the Convention ..................................................................... 35 Article 2 Application of the Convention ................................................................ 35 Article 3 Conflicts not of an international -
6. Freedom of Association and Assembly
6. Freedom of Association and Assembly Contents Summary 161 The common law 163 Protections from statutory encroachment 164 Australian Constitution 164 The principle of legality 165 International law 166 Bills of rights 167 Justifications for limits on freedom of association and assembly 168 Legitimate objectives 168 Balancing rights and interests 170 Laws that interfere with freedom of association and assembly 171 Criminal law 172 Public assembly 176 Workplace relations laws 176 Migration law character test 184 Other laws 186 Conclusion 188 Summary 6.1 Freedom of association concerns the right of all persons to group together voluntarily for a common goal or to form and join an association, such as a political party, a professional or sporting club, a non-government organisation or a trade union. 6.2 This chapter discusses the source and rationale of the common law rights of freedom of association and freedom of assembly; how these rights are protected from statutory encroachment; and when laws that interfere with them may be considered justified, including by reference to the concept of proportionality. 6.3 Freedom of association is closely related to other fundamental freedoms recognised by the common law, including freedom of speech. It has been said to serve the same values as freedom of speech: ‘the self-fulfilment of those participating in the meeting or other form of protest, and the dissemination of ideas and opinions essential to the working of an active democracy’.1 Freedom of association is different from, but also closely related to, freedom of assembly. 1 Eric Barendt, Freedom of Speech (Oxford University Press, 2nd ed, 2007) 272. -
Government Information Practices
DEPARTMENT OF THE ARMY THE JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILLE, VIRGINIA 22903-1781 PREFACE This compilation of cases and materials is designed to provide students with primary source material concerning government information practices. The right of the American public to be informed about the operation of its government has been established. Through the Freedom of Information Act, Congress has sought to ensure that this right is preserved. Of equal importance to American citizens is their right of privacy. Only in recent years has it become evident that this right is subject to infringement by the record-keeping practices of government. The Privacy Act of l974 is the first comprehensive legislative scheme designed to assure individuals that their privacy will not be improperly eroded by such practices. The first part of this casebook is devoted to a study of public access to agency records under the Freedom of Information Act and the need to protect legitimate commercial and governmental interests. The second part of the book focuses on the individual's right of privacy as affected by the federal government's collection, use, and dissemination of information. It includes material related to the key provisions of the Privacy Act and the "privacy exemption" of the Freedom of Information Act. This casebook does not purport to promulgate Department of the Army policy or to be in any sense directory. The organization and development of legal materials are the work product of the members of The Judge Advocate General's School faculty and do not necessarily reflect the views of The Judge Advocate General or any governmental agency. -
The Right to Food in Situations of Armed Conflict: the Legal Framework by Jelena Pejic
RICR Décembre IRRC December 2001 Vol. 83 No 844 1097 The right to food in situations of armed conflict: The legal framework by Jelena Pejic rmed conflict is one of the primary obstacles to realization of the right to adequate food in many parts of the world today. War disrupts all stages of human nutrition — the production, procurement, preparation, allocation, con- Asumption and biological utilization of food — thereby leaving malnu- trition, disease and death in its wake. Given that international human- itarian law is the body of rules specifically applicable in situations of armed conflict, and that many of its provisions are moreover food- related, it must be seen as a complement to human rights norms deal- ing with the right to adequate food. While the aims of both international humanitarian law and human rights law are the same, namely to protect the life, health and dignity of individuals or groups of people, the manner in which they seek to ensure such protection differs significantly owing to the different circumstances in which they are applied. For the purposes of this review,three features of international humanitarian law are of par- ticular importance: 1) it contains specific and often fairly detailed rules that parties to an armed conflict must implement immediately,and not progressively; 2) it is unequivocally binding on both State and non- State players, so there is no ambiguity with regard to the latter’s legal obligations; 3) there can be no derogation from its rules, as this body of JELENA PEJIC is Legal Advisor at the ICRC’s Legal Division. -
Tensions Between Counterterrorism Approaches and Principled
Background Note The Tensions between Counterterrorism Approaches and International Humanitarian Law/Principled Humanitarian Action APRIL 2018 This discussion note was drafted by Alice Debarre, Policy Analyst on Humanitarian Affairs at the International Peace Institute. It is intended to lay out some of the key issues and to provoke thoughts and discussions in anticipation of and during IPI’s thematic workshop, “The UN Counterterrorism Framework and Its Impact on Impartial Medical Care and Humanitarian Action,” on April 26, 2018. It does not necessarily represent the views of the International Peace Institute. IPI welcomes consideration of a wide range of perspectives in the pursuit of a well-informed debate on critical policies and issues in international affairs. Introduction In response to an increase in the scope and scale of acts characterized as terrorism, states and multilateral organizations have tightened existing and developed new counterterrorism measures. These measures are aimed not only at deterring and punishing those who commit such acts but also at suppressing diverse forms of support to groups designated as terrorist. The international counterterrorism regime is built on a framework of specialized anti-terrorism conventions and supplemented by an increasing number of UN Security Council and General Assembly resolutions. The UN counterterrorism entities have also contributed a plethora of counterterrorism-related policies, standards, and programming initiatives. Relevant UN General Assembly and Security Council resolutions -
Corporate Actors: the Legal Status of Mercenaries in Armed Conflict Katherine Fallah Katherine Fallah Is Ph.D
Volume 88 Number 863 September 2006 Corporate actors: the legal status of mercenaries in armed conflict Katherine Fallah Katherine Fallah is Ph.D. candidate at the University of Sydney, presently working as a Research Associate to the Judges of the Federal Court of Australia. Abstract Corporate actors are taking on an increasingly significant role in the prosecution of modern warfare. Traditionally, an analysis of the law applicable to corporate actors in armed conflict commences with inquiry into the law as it applies to mercenaries. As such, the rise of the private military industry invites a reconsideration of the conventional approach to mercenaries under international law. This article critically surveys the conventional law as it applies to mercenaries, and considers the extent to which corporate actors might meet the legal definitions of a ‘‘mercenary’’. It demonstrates that even mercenaries receive protection under international humani- tarian law. The debate about the definition and status of mercenaries is not new. It is one which has provoked a polarized response from different groups of nations, with some arguing that mercenary activity should be prohibited outright, and others contending that mercenaries should not receive any differential treatment under international law. In the second half of the twentieth century, objectionsto mercenary activity were grounded in concerns about preserving the right of post-colonial states to self-determination. This approach is reflected in the language adopted by the United Nations in its persistent consideration of the use of mercenaries ‘‘as a means of violating human rights and impeding the exercise 599 K. Fallah – Corporate actors: the legal status of mercenaries in armed conflict of the right of peoples to self-determination’’.1 Until recently, legal consideration of corporate actors in armed conflict was limited to the question of mercenaries. -
Overcoming Dred: a Counterfactual Analysis Louise Weinberg
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2007 Overcoming Dred: A Counterfactual Analysis Louise Weinberg Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Weinberg, Louise, "Overcoming Dred: A Counterfactual Analysis" (2007). Constitutional Commentary. 653. https://scholarship.law.umn.edu/concomm/653 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. OVERCOMING DRED: A COUNTERFACTUAL ANALYSIS Louise Weinberg* I. INTRODUCTION Could anything have been done about Dred Scott1 in its own day, in a Supreme Court remade by Abraham Lincoln? That is, was Dred Scott vulnerable to overrule, even in its own day, even in advance of the Thirteenth and Fourteenth Amendments? Would the power of then-existing constitutional theory have been sufficient to support overcoming Dred? If the answer is yes, we would have the key to the essential wrongness of Dred Scott, quite apart from the usual critiques of Chief Justice Roger Taney's opinion. Analysis of this question is best performed in a counterfac tual setting. By stripping away the aftermath of the election of 1860, the South's secession and the Civil War, and by examining a Lincoln Supreme Court's likely options as rationally perceiv able by voters in 1860, we can isolate for consideration the con stitutional vulnerabilities of Dred Scott in the context of the na tional predicament at the time. -
Summary of the Geneva Conventions of 1949 and Their Additional Protocols International Humanitarian Law April 2011
Summary of the Geneva Conventions of 1949 and Their Additional Protocols International Humanitarian Law April 2011 Overview: Protecting the Byzantine Empire and the Lieber Code The Red Cross Vulnerable in War used during the United States Civil War. and International International humanitarian law (IHL) is The development of modern Humanitarian Law a set of rules that seek for humanitarian international humanitarian law is The Red Cross and the Geneva reasons to limit the effects of armed credited to the efforts of 19th century Conventions were born when Henry conflict. IHL protects persons who are Swiss businessman Henry Dunant. In Dunant witnessed the devastating not or who are no longer participating in 1859, Dunant witnessed the aftermath consequences of war at a battlefield hostilities and it restricts the means and in Italy. In the aftermath of that battle, of a bloody battle between French methods of warfare. IHL is also known Dunant argued successfully for the and Austrian armies in Solferino, Italy. as the law of war and the law of armed creation of a civilian relief corps to The departing armies left a battlefield respond to human suffering during conflict. littered with wounded and dying men. conflict, and for rules to set limits on A major part of international Despite Dunant’s valiant efforts to how war is waged. humanitarian law is contained in the mobilize aid for the soldiers, thousands Inspired in part by her work in the four Geneva Conventions of 1949 that died. Civil War, Clara Barton would later have been adopted by all nations in found the American Red Cross and In “A Memory of Solferino,” his book also advocate for the U.S.