All posts tagged: human rights

Human Rights Protections Through International Criminal Law

One of the tools in the toolkit of human rights protection is international criminal law. However, application of this body of law is generally limited to the most serious human rights violations: atrocity crimes. In her recent book, Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law, Professor deGuzman examines what it means for crimes to be so grave that they concern all of humanity. She shows that the concept of gravity remains highly undertheorized, and uncovers the consequences for the regime’s legitimacy of its heavy reliance on this poorly understood idea. She argues that gravity’s ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. Having elucidated the consequences of the regime’s reliance on the ambiguous idea of gravity, Professor deGuzman suggests how gravity could be reconceptualized to take account of global values and goals in the various decision-making contexts …

As a Lawyer and a Citizen

Like so many of my fellow citizens, I have been deeply troubled by the “family separation” policy recently enacted by the Trump administration in furtherance of its stated goal of curbing illegal immigration.  The vast majority of these families arrived at our southern border seeking asylum from unspeakable violence, persecution, and poverty in their home countries.  That they are then subjected to an official policy of our government that is callously indifferent to their suffering, or to the harm visited upon children from being forcibly removed from their parents, has been conscience shocking to me as an American. As a lawyer, however, I am equally aghast that the government has apparently separated these families without any semblance of due process as guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution.   After all, the right to the parent child relationship is a fundamental one, and has been described by our Supreme Court as “essential,” the “basic civil rights of man,” and a right “far more precious . . . than property rights.”  Stanley …