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Articles in the Rule of Law Category

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 …

Developing States, Featured, Headline, Humanitarian Law, Rule of Law »

[ 15 Apr 2012 | ]

All our Eggs in One Cloud:
The International Risk to Private Data and National Security, A Study of United States’ data protection law using the International Communications Union Legislative Toolkit
PDF Available here for official citation 
Robert Davis*
Two technological trends have been heading for an international collision in the 21st century. High speed internet has transformed cloud computing from the realm of science fiction to the commonplace in the lives of
consumers. The rising prominence of cloud computing has offered corporate actors the benefit of a cheaper and less cumbersome alternative to maintaining and upgrading their own servers.[1]
As individuals and …

Featured, Headline, Humanitarian Law, Rule of Law »

[ 23 Apr 2010 | Comments Off ]
The Approach of the Committee on the Elimination of Racial Discrimination to Interpreting and Applying International Humanitarian Law

* Recognizing that the Committee on the Elimination of Racial Discrimination (CERD) represents a major human rights treaty body with the capability of interpreting international humanitarian law

* Analyzing the jurisprudence of the CERD from a detailed study of the relevant decisions of Individual Communications, General Recommendations, Concluding Observations, and the Decisions and Recommendations issued through its early warning measures and urgent procedures