Papers by Curtis Doebbler
The ‘Question of Palestine’, as it is known in the United Nations (UN), is the longest unresolved... more The ‘Question of Palestine’, as it is known in the United Nations (UN), is the longest unresolved human rights problem on the world organization’s agenda. It is primarily a question about the right to self-determination of the Palestinian people. This is a right that, according to well-established international law, existed in favor of the indigenous inhabi-tants of Palestine and continues to exist today, although its exercise has been denied in violation of international law. This contribution examines the development of this right and how it exists today.
Targeted Killings and International Law
Targeted killings are increasingly the manner in which some of the militarily most powerful State... more Targeted killings are increasingly the manner in which some of the militarily most powerful States in the world project violence around the globe. This article examines whether such actions are consistent with international law using the well-established parameters of State responsibility and the obligations found under international humanitarian and human rights law. The appraisal of targeted killings is based on principles of international law that are rarely disputed, but often ignored in the consideration of targeted killings due to reasons of political convenience. In the process of considering this central issue, the article also examines the intricate and sometimes misunderstood relationship between these two areas of law as well as the legal justifications that States have or may put forward in defense of their actions. This evaluation concludes that rarely, if ever, are States that conduct targeted killings acting with respect for international law. Moreover, these States, ...
The contribution analyses the Paris Agreement, which was adopted at the 21st Conference of the Pa... more The contribution analyses the Paris Agreement, which was adopted at the 21st Conference of the Parties (‘COP21’) to the United Nations Framework Convention on Climate Change (‘UNFCCC’). The focus is on the place of the Paris Agreement in the overall international climate change regime established under the UNFCCC. We first discuss the processes that led to the adoption of the Agreement, with particular attention to discussions about the relationship between the Agreement, the UNFCCC and the Kyoto Protocol. We then examine the purpose of the Agreement, including the long- term temperature goal, and review each of the major substantive parts of the treaty. Our analysis concludes with general reflections on the implications of the Agreement for the future of international climate change action under the auspices of the UNFCCC.
At its 35 th session, held on 22 June 2017, the United Nations Human Rights Council requested "th... more At its 35 th session, held on 22 June 2017, the United Nations Human Rights Council requested "the Office of the High Commissioner to undertake research on addressing human rights protection gaps in the context of migration and displacement of persons across international borders resulting from the suddenonset and slow-onset adverse effects of climate change and the necessary means of implementation of adaptation and mitigation plans of developing countries to bridge the protection gaps and submit a report on the research to the Human Rights Council at its thirty-eighth session." In response to the Council's request, the Office of the High Commissioner promulgated a note verbale and a questionnaire with five questions to all Member States and relevant stakeholders requesting their input. In our responses to the questionnaire, below, we highlight the key issues that we consider must be given serious consideration. While the five questions relate to the relationship between human rights and climate change, we would also like to take the opportunity to respond to the question posed by the Human Rights Council, which is essentially: What are the protection gaps in terms of the human rights of migrants affected by climate change and what can be done to bridge these gaps? We have responded to this issue under the last question, which calls for additional information.
Health and Human Rights, 2019
This commentary argues that current efforts to achieve universal health coverage (UHC) risk losin... more This commentary argues that current efforts to achieve universal health coverage (UHC) risk losing some of the gains achieved on women’s and children’s health. Currently, there is a failure to prioritize women’s and children’s health in the vision for primary health care that is being promoted to achieve UHC. By failing to prioritize actions to protect the health of women and children, efforts to achieve primary health care—and thus UHC—are diluted. As a consequence, despite our good intentions, we move farther away from achieving health for all. This commentary encourages a rethinking and a move toward a diagonal approach to primary health care, with interventions for women’s and children’s health driving system improvements that will better achieve UHC.
IA conference, November 2002) ... we have about 50% of the world's wealth but only 6.3% of its po... more IA conference, November 2002) ... we have about 50% of the world's wealth but only 6.3% of its population. This disparity is particularly great as between ourselves and the peoples of Asia. In this situation, we cannot fail to be the object of envy and resentment. Our real task in the coming period is to devise a pattern of relationships which will permit us to maintain this position of disparity without positive detriment to our national security.
United Kingdom asylum law in its European context
The Rights-Based Approach to Health
Foundations of Global Health & Human Rights
This chapter describes the rights-based approach to health. This approach is based on the human r... more This chapter describes the rights-based approach to health. This approach is based on the human right to health but looks beyond that right to focus on cross-cutting human rights principles for ensuring that health outcomes are achieved in a manner consistent with the foundational values of human rights. The rights-based approach to health is thus a key strategy in the development and implementation of health policy – based on principles of participation, equality and non-discrimination, transparency, and accountability. Examining these human rights principles, the rights-based approach has developed from rhetoric to practice, guiding health policy so as to provide for the highest attainable level of health for all. Nevertheless, the rights-based approach to health faces challenges as health and human rights address a larger global health landscape of state and non-state actors and find new meaning under the Sustainable Development Goals.
The Habeas Petition, And Other Options for Immigrants, in the Federal Courts
SSRN Electronic Journal
The petition for a writ of habeas corpus is an important tool in the arsenal of immigration attor... more The petition for a writ of habeas corpus is an important tool in the arsenal of immigration attorneys who seek to fully represent their clients. Going to federal court in an attempt to obtain habeas relief may be the only remaining remedy after all other administrative options have been exhausted. Traditionally, habeas has been used to challenge prolonged detention post-final order of removal, prolonged detention pre-final order, and to challenge unlawful detention, but increasingly it is used to challenge such related issues as unlawful deportations in violation of the statute or regulatory provisions, and/or violations by CBP, USCIS or other agency actions during the expedited removal process under 8 U.S.C. § 1225(b). In response to the Covid-19 pandemic, the federal courts have changed operations to limit the spread of the disease. Also, there have been other significant changes to the operations of USCIS and EOIR, in recent days. The article addresses some of the issues to be considered by the habeas petitioner when going forward in federal court proceedings given the Covid-19 pandemic.
An American Legend: The Overlegalization of Human Rights
Proceedings of the ASIL Annual Meeting
Dictionary of public international law
Reference Reviews
UNHCR and protection and assistance for the victims of climate change
The Geographical Journal, 2016
This contribution argues that despite the fact that the United Nations Refugee Convention does no... more This contribution argues that despite the fact that the United Nations Refugee Convention does not cover persons subject to climate change induced displacement, these people should be protected by the UN High Commissioner for Refugees (UNHCR). This is the case because UNHCR's own Executive Committee has incorporated the broader African definition of a refugee that does include climate refugees into their protection mandate. We therefore conclude that UNHCR should exercise protection activities over climate refugees to be consistent with the mandate given to this United Nations programme by international law. To arrive at this conclusion we first briefly introduce the question about the protection of climate change induced displacement in the social science debate. We examine the legal definitions of refugees, agreeing with the most common interpretations of both United Nations and regional instruments. We then indicate how, by expressly extending its mandate, UNHCR itself has taken on the responsibility for the protection of people subject to climate change induced displacement. Finally, we report how, despite this mandate, UNHCR is still refusing to exercise its mandate properly, and that if it were to do so, a significant step could be taken in ensuring the protection of people subject to climate change induced displacement.
Genocide among Us
The Plight of the Palestinians, 2010
This week, the international community is commemorating one genocide: the holocaust, in which mil... more This week, the international community is commemorating one genocide: the holocaust, in which millions of Jews, political dissenters, Roma, and just about anyone who protested Nazi politics were brutally killed. This is an important and tragic event to remember, but even as the international community commemorates this tragic event, it is forgetting other genocides and even participating in contemporary genocide.
The case of The State of Egypt v Saad Eddin Mohammed Ibrahim : recent developments
This note discusses the action against the Egyptian Professor Saad Eddin Mohammed Ibrahim who was... more This note discusses the action against the Egyptian Professor Saad Eddin Mohammed Ibrahim who was arrested in 2000 and charged, together with others, with bribery, receiving illegal funds and spreading false rumours. The defendants were tried before the Supreme State Security Court. Professor Ibrahim was sentenced to seven years in prison. On appeal, the Court of Cassation returned the case to the Supreme State Security Court for retrial. Professor Ibrahim and his co-defendants were again found guilty. In March 2003, they were finally acquitted after the Court of Cassation had retried the case on appeal.
Reading the African Charter on Human and Peoples' Rights
Texas International Law Journal, 2002
Although one of the three major regional human rights bodies in the world, the African Commission... more Although one of the three major regional human rights bodies in the world, the African Commission on Human and Peoples' Rights has remained largely unexamined by lawyers. This situation is particularly unfortunate because the approach to human rights protection and promotion advanced by the African Commission is perhaps the most innovative of the three. Rachel Murray's recent book is a carefully constructed illustration of the importance of the Commission. Instead of attempting to provide a detailed survey of the jurisprudence or decisions of the Commission with regard to each article of the African Charter of Human and Peoples' Rights, the book focuses on some of the most important legal developments under the Charter.1 In doing so, the book offers the reader an in-depth view of three important areas in which the Commission's views have been uniquely innovative: the definition of human rights under the Charter, the non-derogation of human rights norms under the Charter, and non-contentious dispute resolution under the Charter. The first concerns the understanding of human rights in Africa, which the author discusses in chapters 3 and 4, entitled "The Notion of the State" and "The Issue of Personality." In Chapter 3, she points out that African states are not defined in terms of the Westphalian concept to which western scholars often relate; instead, the African state is a much more heterogenous assimilation of individuals, communities, and government. Particularly important is the Commission's flexible approach to personality.2 The author points out how the Commission, and indeed the Charter itself, incorporates an expanded understanding of the reach of international human rights law. This is especially apparent in the articles of the Charter setting forth the duties of the individual.3 While this has been pointed out by other observers of the African system,4 Murray contributes a review of some important statements of the Commission as she examines the personality of states, individuals, non-governmental organizations, and peoples in the context of the Charter. In Chapter 5 the author deals with the non-derogable nature of the Charter under the title "The Law Applicable in Times of War and Peace." This chapter highlights the several decisions of the African Commission whereby states have been denied the right to derogate from the provisions of the Charter under any circumstances, even of war or of civil unrest.5 This striking feature of the Charter, a result of the Commission's interpretation and not explicitly laid out in the Charter, makes the African system perhaps the most advanced system for the protection of human rights in the world. It removes the right of states-one that has been frequently exercised based on explicit provisions in the respective regional and universal treaties-to derogate from human rights in the interest of ensuring the public order or even the continued existence of the state. In other words, in the African system, human rights apply at all times without exception. These brave and farsighted holdings by the Commission form a lex specialis for African states that differs from the discretion allowed to threatened states by the International Court of Justice in its Advisory Opinion on Nuclear Weapons.6 It is a holding that also stands in stark contrast to the attempt by the Inter-American Commission on Human Rights, in Juan Carlos Abella v. Argentina, to apply international humanitarian law, instead of international human rights law, to armed conflicts.7 A discussion of ways in which the Commission's holding differs from the decisions of these two international bodies would have been more relevant than the brief reference to European jurisprudence that is included.8 Nevertheless, the author uses the natural entry point of the Commission's most far-reaching holdings to suggest that the non-- derogability of human rights might indeed be the most beneficial approach for the international community. …
Health and Human Rights, 2010
Health is increasingly seen as relevant to foreign policy; nevertheless, it remains subordinate t... more Health is increasingly seen as relevant to foreign policy; nevertheless, it remains subordinate to other interests. In particular, the interests of security and economics are often presented as more critical than health. This is due to a failure to sufficiently recognize the legal obligations that states have undertaken to ensure the human right to health. This article argues that health should be an imperative of foreign policy, equally valid, and prioritized in resource allocation. We suggest application of the human rights approach with attention to the legal duty of cooperation and the necessity of ensuring broad participation. We suggest that the human rights approach to health can contribute to achieving this result and is compatible with, and beneficial to, other foreign policy concerns. Finally, we conclude that the human rights approach to health requires that health be an imperative in foreign policymaking processes. introduction Despite recent significantly increased attention to global health in foreign policy, the relationship between policy and the many aspects of health remains unclear. Is attention to health issues merely a means for achieving other foreign policy goals? Is health an imperative that foreign policy must take into account? The relationship between health and foreign policy is "vital, complex and contested." 2 In this paper we argue that such a relationship is also crucial for the "attainment by all peoples of the highest possible level of health." 3 Health is often subordinate to other foreign policy concerns despite the fact that states are obliged to fulfill, through their foreign policy, the solemn international legal commitments they have undertaken to ensure the human right to health. In this paper we argue that states can enhance their ability to meet their international commitments by adopting a human rights approach to health (HRAH). This, we argue, will make achieving improved global health an imperative of foreign policy. Our argument is organized into four parts. First, we review a number of common perceptions about the relationship between health and other foreign policy interests that have confined health to a subordinate role. Second, we suggest how the application of an HRAH can contribute to making health an imperative of foreign policy. Third, we look at the important requirement of participation. Fourth and finally, we discuss briefly the limitations of the HRAH.
Journal of International Criminal Justice, 2007
Numerous flaws made the Dujail trial a violation of the internationally protected human right to ... more Numerous flaws made the Dujail trial a violation of the internationally protected human right to a fair trial. The United States and the Iraqi authorities conducted an unfair trial knowing that both the Third and Fourth Geneva Convention describe 'wilfully depriving' a person 'of the rights of fair and regular trial' as a war crime. Even if Saddam Hussein was not to be regarded as a prisoner of war, that is, merely as a civilian, in any case his right to fair trial was protected by international law. According to the author, both the relevant states and the individuals involved in the unfair Dujail trial bear responsibility for breaches of international law.
Chinese Journal of International Law, 2011
In this contribution, we consider the relevance of international human rights law to climate chan... more In this contribution, we consider the relevance of international human rights law to climate change. We review the widely agreed understanding that climate change interferes with human rights. We then examine how a particular State or States may be held responsible for internationally wrongful acts that are caused by contributions to climate change emanating from activities that are under that State's or those States’ jurisdiction. We focus on human beings' actions that the best available science indicates with a high degree of certainty are responsible for climate change and the consequential interference with the human rights of individuals that are caused by the adverse impacts of climate change. We also explore the consequences of international human rights law for States’ responsibility to cooperate to achieve adequate international action on climate change.
Cinq ans après la Constitution soudanaise de 1998. Vérités et conséquences d’un anniversaire
Egypte Monde Arabe, Dec 31, 2005
This article explores some of the most important parts of the Draft Agreement on Climate Change t... more This article explores some of the most important parts of the Draft Agreement on Climate Change that was ultimately adopted at COP21 in Paris, France in December 2015. Published previous to the Paris meeting the article foresaw problematic issues that then emerged as such in Paris. After a brief introduction (part I) the article describes and analyses the draft agreement (part II) and then focuses on three cross-cutting issues (part III). It concludes with some concluding remarks about where we may be after COP21 (part IV). It is hoped that the descriptions and analysis might contribute to better understanding of what was at stake at COP21 from the perspective of international
climate change law and international human rights law.
climate change law and international human rights law.