Northwestern Journal of International Human Rights

Articles

Vol. 13, No. 1, 2015

A Call for the EU to Assume Jurisdiction over Extraterritorial Corporate Human Rights Abuses
I. INTRODUCTION¶1 The European Union should enable jurisdiction over foreign direct liability claims against companies. In April, the United States retreated from holding companies responsible for extraterritorial human rights abuses.1 No alternative...
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Speech-Conditioned Funding and the First Amendment: New Standard, Old Doctrine, Little Impact
I. INTRODUCTION¶1 The freedom of speech is so engrained in American society that "[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism,...
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Kiobel, Bauman, and the Presumption against the ExtraTerritorial Application of the Alien Tort Statute
¶1 The U.S. Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co. greatly curtailed the sorts of claims that can be brought under the Alien Tort Statute ("ATS").1 Contrary to some predictions, however, it did not dictate an effective end to...
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The Legal Status of Employees of Private Military/Security Companies Participating in U.N. Peacekeeping Operations
INTRODUCTION¶1 The United Nations has hired private military/security companies (PMSCs)1 to provide security services since at least the Somalian Civil War, when it deployed 7,000 Ghurka guards from Defense Systems Limited to protect relief convoys.2...
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Vol. 12, No. 3, 2014

Proposal for an International Criminal Court Arrest Procedures Protocol
¶1 The International Criminal Court continues to face the challenge of apprehending or facilitating the surrender of indicted fugitives. At the end of April 2014, ten indicted individuals remained at large and two indicted individuals were in domestic...
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Vol. 12, No. 2, 2014

A Constitution at a Crossroads: A Conversation with the Chief Justice of the Constitutional Court of South Africa
"It doesn't matter how progressive the Constitution is. It cannot, just because it is operative, touch me, in my house to the point where I automatically begin to understand how my white brothers and sisters think and what I need to do to relate to them...
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"Gate of the Sun": Applying Human Rights Law in the Occupied Palestinian Territories in Light of Non-Violent Resistance and Normalization
This paper is dedicated to the people of Palestine and the non-violent movement to fight the occupation, in the hope of a better future.I. INTRODUCTION¶1 On January 11th 2013, approximately twenty tents and several service structures were erected by...
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Denying Genocide or Denying Free Speech? A Case Study of the Application of Rwanda's Genocide Denial Laws
I. INTRODUCTION¶1 Rwanda is widely considered a poster child for post conflict development. Since the 1994 genocide, in which an estimated 800,000 people lost their lives,1 the country has gone through a rapid process of socio-economic development. In...
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A Call for Aggressive Media Campaign regarding DPRK Prison Camps
¶1 Shin Dong-hyuk considered himself lucky when a prison guard chopped off the tip of his finger. Born and raised an inmate of a North Korean prison camp, Shin had not expected to receive a punishment other than execution for breaking a sewing machine,...
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Vol. 12, No. 1, 2014

Mental Retardation and the Death Penalty: The Need for an International Standard Defining Mental Retardation
I. INTRODUCTION1 Within the international community, there is a consensus against the imposition of the death penalty on individuals with mental retardation.1 The United States Supreme Court and several international human rights bodies have recognized...
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Linguistic Isolation: A New Human Rights Violation Constituting Torture, and Cruel, Inhuman and Degrading Treatment
INTRODUCTIONSixteen-year-old Uzbek, Sunnat (not his real name), was seized in Afghanistan following the attacks on September 11, 2001. He was transported to the detention center in Guantanamo Bay, Cuba in 2002.1 After interrogating him over a period...
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Prevention of Human Trafficking for Labor Exploitation: The Role of Corporations
I. INTRODUCTIONCaptives from Myanmar and Cambodia are sold to captains on Thai fishing boats to work for months or even years on the boats with little or no payment, with long working days up to 20 hours a day under grave conditions.The Indian garment...
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Statelessness and Mass Expulsion in Sudan: A Reassessment of the International Law
I. INTRODUCTION: "RENATIONALIZATION" AND THE RESULTING THREATS OF MASS EXPULSION AND STATELESSNESSFollowing the secession of South Sudan1 from Sudan on July 9, 2011, both South Sudan and Sudan have passed new citizenship laws with dramatic effects for...
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Comparing American Disability Laws to the Convention on the Rights of Persons with Disabilities with Respect to Postsecondary Education for Persons with Intellectual Disabilities
The Convention on the Rights of Persons with Disabilities ("CRPD")1 was adopted on March 30, 2007 and "is the first treaty to address disability rights globally."2 158 countries have signed the CRPD, including the United States.3 138 of those countries...
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