Promotion and implementation of international humanitarian law: a Commonwealth perspective

This paper provides an update on some important developments and initiatives relating to international humanitarian law (IHL), with specific reference to the Commonwealth. In particular, the paper considers the promotion and implementation of IHL and highlights the importance of preventing and punishing violations of IHL. It also outlines key humanitarian themes and legal concepts.     

The Arms Trade Treaty and international humanitarian law: a Commonwealth perspective

The entry into force of the Arms Trade Treaty (ATT) in December 2014 created an historic opportunity to reduce the human cost of the widespread and poorly regulated supply of conventional arms. The treaty establishes common standards for the international trade of conventional weapons and seeks to ensure that weapons are not used in the commission of war crimes, serious violations of international human rights law and other offences. The paper reviews the definitions and the scope of the treaty and highlights the contributions made by Commonwealth member countries. It makes recommendations to Commonwealth member countries regarding effective implementation and their obligations.     

Common law country update on international humanitarian law: annual update on national legislation, 2010

The article highlights the challenge before the courts to the decision of the parliamentary select committee to remove the former Chief Justice of Sri Lanka in January 2013. Parliament and the President proceeded with the impeachment and removal of the Chief Justice, despite court decisions, on the basis that this was a power specifically granted to the parliament under the constitution. The article examines how the legitimacy of impeachment proceedings of superior court judges can be ensured within the concept of the separation of powers without adversely impacting on the independence of the judiciary and the rule of law.     

Emerging combatants, war crimes and the future of international humanitarian law

The purpose of this paper is to examine the traditional paradigm of international law that regulates warfare and defines criminal behavior,and examine how the emergence of new actors has changed the environmentof armed conflict. The existing paradigm takes into account state actorsand insurgents who have recognizable political goals. All such combatantshave some stake in the existing international political system and somemeans are available (military intervention, war crimes trials) to compeltheir compliance with the law. However, new categories of combatants areemerging. They are not connected to states, may have no political goalsand are difficult to reach or persuade with time-tested methods.Compelling or persuading them to better compliance with the law is essential to protect vulnerable populations from their depredations.The paper concludes by identifying some contributions that criminologistscan make toward understanding these groups and devising strategies to meetthe challenge of war crimes. Those contributions by criminologists wouldbe equally valuable in dealing with the problem of war crimes and ``traditional' combatants.     

Alaska public health law reform

The Turning Point Model State Public Health Act (Turning Point Act), published in September 2003, provides a comprehensive template for states seeking public health law modernization. This case study examines the political and policy efforts undertaken in Alaska following the development of the Turning Point Act. It is the first in a series of case studies to assess states' consideration of the Turning Point Act for the purpose of public health law reform. Through a comparative analysis of these case studies and ongoing legislative tracking in all fifty states, researchers can assess (1) how states codify the Turning Point Act into state law and (2) how these modernized state laws influence or change public health practice, leading to improved health outcomes.     

Electronic health records: international, structural and legal perspectives

The EHR is a database record that incorporates a patient's health care details from conception to death and which can be distributed over a number of sites or aggregated at a particular source. This article describes the function and concept of the EHR by relating it to other medical information technologies, parallel changes in health care delivery, and a holistic health information model. The article compares the progress that Europe, Australia and the United States have made in the journey towards EHR implementation and concludes by highlighting some of the costs, barriers and consequences associated with the transition to a comprehensive EHR system.     

Bringing the battlefield into the classroom: using video games to teach and assess international humanitarian law

The graphic and widespread atrocities committed during conflicts around the world and broadcast across 24/7 news and social media have made war never feel so close and the powerlessness of law seem so real. This raises difficulties in engaging students in real-life decision-making quandaries where military necessity meets legalism, as well as fundamental ethical questions about the use of realistic, yet explicit, imagery in the classroom. The School of Law at Queen’s University Belfast has developed a series of innovative computer scenarios based on the Arma 3 open world tactical war simulator. A variety of formative scenarios (addressing issues such as cluster munitions and landmines) were developed to familiarise the students with the factual scenario and the computer technology. Subsequently, students engaged in a summative assessment to test their legal understanding in the face of increasingly challenging conflict situations, in particular grey zones where legal argument can justify seemingly morally wrongful acts during war. This paper examines both the learning objectives of this project, and the project development cycle – from the initial proposal to its implementation in class, as well as positing the benefits and drawbacks in integrating technology and games into the legal teaching environment, reflecting on the emerging and traditional pedagogy in this area.     

The future of public health law

Developments in medicine and constitutional law dictate modification of public health legislation in the United States. Traditionally overlooked by legislators, present public health laws provide inadequate decision-making criteria and inappropriate procedures for dealing with issues. Revised legislation should provide health care officials and agencies with the tools to balance individual rights against public health necessities. This Article makes four recommendations for legislative reform: (1) remove artificial legislative distinction between venereal and other communicable diseases; (2) provide criteria defining "public health necessity" to limit discretionary exercise of police power by health officials; (3) provide strong confidentiality protections in the collection and storage of public health information; (4) empower public health officials to select from a graded series of less restrictive alternatives in dealing with public health problems.     

Immigrant workers: health, law, and public policy

Immigrant workers are a large segment of the lower echelon of the U.S. labor force, and as many as 3.6 to 6 million of these workers and their families are living in the U.S. illegally. This paper examines who the recent immigrants are: explains why their current situation in the U.S. is an important public health matter; discusses the ethical and policy issues stemming from their health needs and from illegal status; and concludes with a brief look at some implications of the Simpson-Mazzoli Immigration and Reform Act, currently before Congress. The paper suggests that the illegal status of undocumented workers intensifies their health risks; that the immigrants' responsibility for budget short-falls in public services is not as clearcut as frequently assumed; and that legislation aimed at regulating the status of immigrant workers in the U.S. is unlikely to solve many of the central problems.