Lawyers can perform valuable service by carefully deconstructing the rage and the rhetoric of those in power, which is why this issue of Human Rights is so valuable. The nation’s lawyers, as de Tocqueville noted in the 1830s, can calm the passions of the multitude and redirect the attention of the country to the moral foundations embedded in the nation’s basic legal documents.
The attacks of September 11, together with more recent terrorist attacks in Bali, Moscow, and elsewhere, mark a sea change in the nature of conflict that has thrown the international legal community into a state of disquiet.
Because the president still does not acknowledge the constitutional limitations, and Congress has dodged the issue, at least about Iraq, it is important to recognize it and insist that the president must seek congressional approval for future preemptive invasions.
The Bush administration's preemptive military action doctrine is incompatible with international legal constraints on resort to force, traditionally known as jus ad bellum. This article examines the current status of jus ad bellum.
The International Criminal Court (ICC) which will have jurisdiction over genocide, crimes against humanity, and war crimes, promises to be the most important international human rights institution since the United Nations. Seven states, including the United States, voted against the ICC Statute when it was overwhelmingly adopted in 1998 and have yet to become full members.
The Omarska Camp trial before the Yugoslav Tribunal in The Hague established important precedent concerning the laws of armed conflict, the prosecution of gender-related crimes, the scope of persecution, and the development of the joint criminal enterprise theory of liability to hold individuals accountable for war crimes and crimes against humanity.
At Camp Delta, the U.S. detention center at Guantanamo Bay, Cuba, more than 550 enemy combatants captured during the war in Afghanistan are being held by the U.S. government. Amnesty International and the Lawyers Committee for Human Rights, among others, have described conditions here as being even harsher than conditions in high-security prisons in the United States.
May the U.S. government lawfully incarcerate a U.S. citizen on U.S. soil for an indeterminate period in solitary confinement without providing the following rights: legal process, disclosure of evidence, access to counsel, family visitation, and judicial review?
More than twenty years after Jimmy Carter's presidency, the Carters’ goals remain firmly fixed in peace and protection for all peoples.