Humanitarian/Human Rights Law

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Article
26.1
Digital Evidence: Facilitating what and for whom?
Rebecca Hamilton
Rebecca Hamilton is a Professor of Law at American University, Washington College of Law.

The authors would like to thank our colleagues at the Counter Evidentiary Network, colleagues at WITNESS, and partner communities whose courage continue to inspire. Our gratitude also to the editors of the Chicago Journal of International Law.

Adebayo Okeowo
Dr. Adebayo Okeowo is a human rights lawyer and currently serves as the Associate Director of Programs at WITNESS.

The authors would like to thank our colleagues at the Counter Evidentiary Network, colleagues at WITNESS, and partner communities whose courage continue to inspire. Our gratitude also to the editors of the Chicago Journal of International Law.

I. Introduction

Humanitarian/Human Rights Law
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Article
26.1
Digital Investigations of Systematic and Conflict-Related Sexual Violence: Practice and Possibilities
Alexa Koenig
Research Professor, University of California Berkeley School of Law; Co-Faculty Director, Human Rights Center, UC Berkeley.

The author thanks Ingrid Elliott, Lindsay Freeman, Anthony Ghaly, Gabriel Oosthuizen, Andrea Richardson, and the team at the Chicago Journal of International Law for their feedback on earlier versions of this article. Any errors are, of course, the author’s own.

I. Introduction

Humanitarian/Human Rights Law Monitoring, Enforcement, and Compliance
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Article
26.1
Technology and the Law of Jus Ante Bellum
Asaf Lubin
Dr. Asaf Lubin is an Associate Professor of Law at Indiana University Maurer School of Law and a Faculty Affiliate of the Hamilton Lugar School of Global and International Studies. He is additionally an Affiliated Fellow at Yale Law School’s Information Society Project, a Faculty Associate at the Berkman Klein Center for Internet and Society at Harvard University, and a Research Associate at the Hebrew University of Jerusalem Federmann Cyber Security Research Center.

I am grateful to Rebecca Crootof for the in-depth discussions we had at the outset of this project, which were instrumental in refining my thinking on the subject. I am also grateful to the participants of the Saint Louis University Law Journal Symposium titled “Contemporary Challenges in International Humanitarian Law: Is there Hope for the International Order?” for offering excellent feedback on an earlier draft. In particular I wish to thank Adi Gal, Eric Talbot Jensen, Marco Roscini, Afonso Seixas-Nunes, SJ, and Jennifer Trahan for their valuable insights. I also extend my deep appreciation to the Board of the Chicago Journal of International Law for the opportunity to contribute to this symposium and for their thoughtful feedback and editing. Finally, this symposium has brought together some of the kindest people and sharpest minds currently working at the intersection of international law and technology. It is an incredible privilege to be included among them, and I look forward to engaging with their ideas and contributions in the years to come.

I. Introduction

Humanitarian/Human Rights Law Law of War and Armed Conflict
Online
Comment
CJIL Online 4.1
Administering an International Climate Migration Lottery
Hana Nasser
B.A., University of Illinois Urbana-Champaign, Ph.D., University of Virginia, J.D. Candidate at the University of Chicago

I would like to thank my comment editors, Amara Shaikh and Tyler Lawson for their feedback and guidance. Professor Nicole Hallett provided detailed comments on drafts and helped me sharpen the argument. Professor Tom Ginsburg provided valuable feedback on the comment’s proposed design for a climate migration lottery.

Experts predict that millions of people will need to migrate internally and across borders due to global warming. Currently, international legal frameworks do not extend the same legal protections to climate migrants as are afforded refugees and asylum seekers. While international law recognizes the right to asylum based on political persecution, there is no international right to migrate based on climate-based harms that states are legally bound to observe. This Comment proposes a climate migration lottery (CML) that would be administered internationally to address current and future climate-based migration. Under this proposal, receiving states would agree via a treaty to admit their fair share of the total pool of climate migrants selected through the lottery. Migrants from countries with a high susceptibility to having large portions of territory rendered uninhabitable by climate change would be eligible to enter the CML. This comment argues that a CML can alleviate the strain on regions in developing states that must accommodate internally displaced persons as well as the burden on countries that are near low-lying Pacific island states that will experience significant rates of displacement due to sea level rises.

Environmental Law Humanitarian/Human Rights Law International Migration
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Essay
18.1
Experimentally Testing the Effectiveness of Human Rights Treaties
Adam S. Chilton
Assistant Professor of Law, University of Chicago Law School. Email: adamchilton@uchicago.edu.

This paper was prepared for the “International Law as Behavior” Conference organized by the American Society of International Law and the University of Georgia School of Law. I would like to thank participants in that conference and Katherina Linos for helpful comments. I would also like to thank Vera Shikhelman and Katie Bass for research assistance, and the Baker Scholars Fund at the University of Chicago Law School for financial support.

I. Introduction

Humanitarian/Human Rights Law Monitoring, Enforcement, and Compliance
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Article
18.1
The Legalization of Truth in International Fact-Finding
Shiri Krebs
Law and International Security Fellow, Stanford Law School and Stanford Center on International Security and Cooperation (CISAC), Stanford University; Senior Lecturer (Assistant Professor) and Director, Graduate Studies in Law and International Relations, Deakin Law School

The author wishes to thank Jenny Martinez, Robert MacCoun, Mariano-Florentino Cuellar, Mike Tomz, Lee Ross, Dan Ho, Beth Van-Schaack, Gabriella Blum, Beth Simmons, Paul Sniderman, Allen Winer, Charles Perrow, Karl Eikenberry, Bernadette Meyler, David Sloss, and Alison Renteln for their thoughtful comments, suggestions, and advice. The article benefitted greatly from the thoughtful editing of Katharine Wies and the editorial team of the Chicago Journal of International Law. I am also grateful for the comments I received from the participants of the 2016 Empirical Legal Studies Conference, Duke University; 2016 American Society of International Law (ASIL) Annual Meeting ‘New Voices’ panel, Washington, DC; the 2016 Harvard Experimental Political Science Conference, Harvard University; and the 2014 Northern California International Law Scholars Workshop, U.C. Hastings. This research project was made possible thanks to the generous financial support of the Christiana Shi Stanford Interdisciplinary Award in International Studies (SIGF), the Stanford Laboratory for the Study of American Values (SLAV), the CISAC Zuckerman research grant, and the Freeman Spogli Institute Research Grant.

Write it down. Write it. With ordinary ink

on ordinary paper; they weren’t given food,

they all died of hunger. All. How many?

It’s a large meadow. How much grass per head?

Humanitarian/Human Rights Law Monitoring, Enforcement, and Compliance
2
Comment
16.2
Designing Women: The Definition of “Woman” in the Convention on the Elimination of All Forms of Discrimination Against Women
Elise Meyer
J.D. Candidate, 2016, The University of Chicago Law School.

The author of this student Comment is a ciswoman and welcomes critiques and comments she may not have investigated. She would also like to thank the CJIL staff, Professor Abebe, and Professor Citro for their perceptive feedback and suggestions.

I. Introduction

Humanitarian/Human Rights Law

Volumes