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The Case for Requiring Federal Law Enforcement Agents to Wear Identifying Insignias: Progress Made and Next Steps
Get PDFThe Bail Reform Act of 1984: A Cause of and Solution to the Federal Pretrial Detention Crisis
Get PDFCollateral Consequences of an Incarcerated Beneficiary: Preserving Testamentary Intent and Protecting a Testator’s Estate from Falling Victim to a Beneficiary’s Unreasonable Criminal Justice Debt
Get PDFRegulating Medical Debt Collection: How Maryland Should Improve Protections For Those Who Cannot Afford Care
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Addressing the Accountability Void: War Crimes Against Persons With Disabilities
Get PDFAcademics rarely raise the need to consider persons with disabilities when preventing,
investigating and prosecuting international humanitarian law (IHL) violations.
Worse still, no actual attempts have been made to include a disability perspective
into practical guidance and monitoring mechanisms. This article addresses that
void by laying out how existing yet unutilized IHL obligations can be leveraged to
repress and suppress disability-based IHL violations. In doing so, the article will
detail how fact-finding approaches, criminal investigative processes and reporting
methods for IHL violations can be inclusive of persons with disabilities and thus
more appropriately address the endemic under-representation of a disability
perspective in the planning and execution of military operations during armed
conflict and the specific crimes they thereby suffer. Additionally, this article will
articulate concrete changes that should be made to international criminal law
procedures for prosecuting war crimes to provide recognition and accountability for
disability-based IHL violations, as has been done for violations against women and
children. Finally, this article will diagnose the state of the law to address any legal
challenges or hurdles that may hamper the inclusion of a disability perspective in
fulfilling the IHL obligation to reduce and address violations of humanitarian law
