Human Rights

The UN General Assembly adopts the Declaration on the Rights of Indigenous Peoples

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Volume: 
11
Issue: 
25
Author: 
Stefania Errico
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Counterinsurgency, Rule of Law Operations, and International Law

In the second week of September 2007, leading U.S. military and diplomatic officials provided long-awaited reports to Congress and the President on U.S. political and military activities in Iraq. These hearings focused attention on how much progress U.S. counterinsurgency (COIN) efforts have made in Iraq. Although debate surrounding these events centered on the question of the withdrawal of U.S. troops, the testimony and hearings connect the ongoing attempts by the U.S. government to adjust to the challenges presented by waging COIN campaigns.

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Volume: 
11
Issue: 
24
Author: 
David P. Fidler
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European Court of Human Rights Expands Privacy Protections: Copland v. United Kingdom

The European Court of Human Rights (ECHR) recently decided Copland v. United Kingdom,[1] in which the ECHR expanded the basis and extent of protection for personal data in a variety of settings, including the workplace. The European Union's Data Protection Directive already mandated very broad protection for such data in EU member states. This decision may further widen the gulf between U.S.

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Volume: 
11
Issue: 
21
Author: 
Fred H. Cate
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The ICTR transfers Michel Bagaragaza to the Netherlands for Trial

Introduction

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Volume: 
11
Issue: 
17
Author: 
Alhagi Marong
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The Seventh Circuit Again Finds Jurisdiction for Private Remedies for Violations of Article 36 of the Vienna Convention on Consular Relations

As a party to the Vienna Convention on Consular Relations (VCCR), the United States has an obligation to ensure that a detained national of another party to the treaty is informed of the right to contact his or her consulate and request consular assistance.[1] The notification requirement of Article 36 of the VCCR has been at the center of a series of U.S.

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Volume: 
11
Issue: 
14
Author: 
Chimène I. Keitner & Kenneth C. Randall
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Australian Detainee Pleads Guilty before the First Military Commission

Recently, David Hicks, an Australian interned for over five years in Guantanamo Bay, became the first individual sentenced under the newly-constituted Military Commission process. Hicks pleaded guilty to one count of intentionally providing material support to al-Qaeda in the context of an armed conflict against the U.S.[1] and will be repatriated to Australia to serve a further nine months of imprisonment.

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Volume: 
11
Issue: 
11
Author: 
Dr. Stephen Tully
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D.C. Circuit Upholds Constitutionality of Military Commissions Act Withdrawal of Federal Habeas Jurisdiction for Guantanamo Detainees

On February 20, 2007, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an important decision in long-running litigation brought by detainees held by the United States at the Guantanamo Bay, Cuba military facility.[1] Disposing of a score of consolidated appeals involving 63 foreign nationals, the two-judge majority in Boumediene v.

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Volume: 
11
Issue: 
8
Author: 
Andrew Kent
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The Situation in Darfur: Prosecutor's Application under Article 58(7) of the Rome Statute

On February 27, 2007, the Office of the Prosecutor (Prosecutor) at the International Criminal Court (ICC) applied to the Pre-Trial Chamber I (Chamber) for summonses to appear against Ahmad Muhammad Harun, Sudan's former Minister of State for the Interior, and Ali Kushayb, a Janjaweed leader in West Darfur.[1] The Application contend

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Volume: 
11
Issue: 
7
Author: 
Kevin Jon Heller
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ICC Confirms Charges against DRC Militia Leader

On January 29, 2007, the International Criminal Court (ICC) Pretrial Chamber I (Chamber) issued its confirmation of charges decision in the case of Prosecutor v.

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Volume: 
11
Issue: 
6
Author: 
Jason Morgan-Foster
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Indonesia's Decision to Withhold Influenza Virus Samples from the World Health Organization: Implications for International Law

In February 2007, international media reported that Indonesia had decided not to continue to share with the World Health Organization (WHO) samples of avian influenza A (H5N1) strains appearing in Indonesia. Instead, Indonesia decided to pursue a commercial arrangement with a pharmaceutical company, which would use the samples to develop an avian influenza vaccine for Indonesia.

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Volume: 
11
Issue: 
4
Author: 
David P. Fidler
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