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Articles in the Humanitarian Law Category

Developing States, Featured, Headline, Human Rights, Humanitarian Law »

[ 18 Jun 2013 | Comments Off ]
Protest for Burma in Kitchener, Ontario 2007. Wendy Lauren.

Olena Hrabovska*
PDF Available for Official Citation.
Human rights are commonly conceived and expressed as human freedoms. The Universal Declaration of Human Rights (“UDHR”) says that every “member of the human family” has a kind of freedom and envisions “the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear.”[1] Freedom, equality, and respect for human dignity are recognized as underlying principles of human rights.
The concept of “human rights” is multifaceted. Many scholars have attempted to provide a definition by describing two …

Africa, Featured, Headline, Human Rights, Humanitarian Law »

[ 17 Jun 2013 | Comments Off ]

Girmachew Alemu Aneme*
PDF Available for Official Citation
In May 2001, all but one African state ratified a regional treaty, the African Union Constitutive Act, which provides for intervention inside African Union (AU) Member States against genocide, crimes against humanity, and war crimes.[1] The AU Constitutive Act is the first international treaty that institutionalized the cosmopolitan ideal of protecting people inside states against mass atrocities as a matter of common obligation. The unanimous adoption of the AU’s right of intervention is a deviation from the longstanding strict adherence to the principles …

Featured, Headline, Humanitarian Law, Rule of Law »

[ 21 Feb 2013 | Comments Off ]

A Duty to Investigate Incidents Involving Collateral Damage and the United States Military’s Practice
Michal Drabik*
PDF Available for Official Citation
It is generally believed that states do not have an obligation to investigate incidents involving collateral damage absent a suspicion that a grave breach of International Humanitarian Law (“IHL”) has occurred. This paper argues that, although there is no affirmative investigative duty expressed in any IHL treaty, a general duty to investigate is clearly implied by two requirements contained in IHL treaties: the duty to examine every incident that amounts to a …