The recent Australian High Court ruling in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs has prompted significant developments in Australia’s immigration detention policies. This commentary examines the legal implications of the ruling, the subsequent legislative response, and the ongoing concerns raised by human rights and refugee advocates. A History of Mandatory Detention for [...]
Search Results for: 2004-11-16
Palestinian Statehood and Demilitarization: A Falsifying Conjunction
“For by wise counsel, thou shalt make thy war.” Proverbs 24:6 Though one might think otherwise, there is no Palestinian state at present, nor has there ever been such a state in the past. Still, once the current Gaza War comes to an end – and whatever the tangible correlates of any war termination agreements [...]
Lawrence Wilkerson is a retired United States Army Colonel who held key roles in government, including serving as Chief of Staff to Secretary of State Colin Powell from 2002 to 2005. Wilkerson played a role in preparing US Secretary of State Colin Powell’s presentation in 2003 at the United Nations in making the case for [...]
Global dispatch: international reporting and views on Israel-Gaza conflict vary
In this first-of-its-kind JURIST “global dispatch” on a single topic, 15 law students and young lawyers from around the world, all of them JURIST correspondents from outside of Israel and Palestine, join together to offer a panoramic view of how the current Gaza conflict is unfolding in their countries and regions. Beyond the headlines, they [...]
Security Council Paralysis in Face of Gaza Crisis Highlights Imperative of UN Reform
On November 15, 2023, more than five weeks after Hamas‘ heinous October 7 attack on Israel, and after thousands of lives were lost, the Security Council, the United Nations body with the primary responsibility for the maintenance of international peace and security, finally managed to pass a somewhat controversial resolution in response to the crisis. [...]
UK government publishes response to human rights decisions from European Court of Human Rights
The UK Ministry of Justice released a report on Monday detailing its responses to human rights issues flagged by judgments in the European Court of Human Rights (ECtHR) and its domestic courts. The report also addressed outstanding issues such as concerns with the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, human rights issues in [...]
Facing Trump II: America's Urgent Obligation to Rethink Nuclear Command Authority
“The man who laughs has simply not yet heard the horrible news.” Berthold Brecht An Existential Task Until the end of his presidency – and even after his open complicity in subverting the United States Constitution on January 6, 2021 – Donald J. Trump held effectively unchecked nuclear command authority. Now, after multiple criminal [...]
In response to the October 7, 2023 Hamas attacks against Israeli civilians, Israel mounted Operation Swords of Iron. Although international law allows for certain limited uses of insurgent force, including uses directed toward “self-determination,” these residual allowances do not include any rights of indiscriminate violence or of deliberate attacks on noncombatants. “Revenge,” of course, is [...]
Law and Strategy after Afghanistan: The United States, Israel and Iran
Abstract: Following US withdrawal from Afghanistan, America’s security focus will turn more expressly to Iran. The core problem with America’s Afghanistan withdrawal was not one of timing or tactics, but of original misconception. In essence, the “Afghanistan Problem” stemmed from an initially underestimated and misunderstood military operation. Looking ahead, Afghanistan’s incoherent conclusion means, inter alia, [...]
What do bar exams have in common with elections in the age of COVID-19, aside from the obvious implication that both are related to justice and the rule of law? Technology. While elections have been dealing with the pressures of technology for decades, state bar exams are traditionally huge in-person testing rituals relying heavily on [...]