August 2006 Vol. 104 No. 8 THE REVIEW

IEEPA's Override Authority: Potential for a Violation of the Geneva Conventions' Right to Access for Humanitarian Organizations?

Jennifer R. White

Armed conflict creates the need for humanitarian aid. International law creates the mechanisms by which parties provide humanitarian aid and creates obligations in connection thereto. The 1949 Geneva Conventions (the “Conventions”) form the humanitarian backdrop against which war is waged. The Conventions establish an impartiality standard in that they grant to humanitarian organizations the right of access to non-combatants during armed conflict. In the United States, the International Emergency Economic Powers Act (“IEEPA”) establishes a Presidential determination standard for humanitarian organizations acting in situations of armed conflict that allows the President to restrict and prohibit humanitarian organizations’ activities without considering their impartiality. Current circumstances present the need for immediate impartial humanitarian aid in armed conflicts to which the United States is a party. Contemporaneous use of IEEPA creates an imminent risk of a violation of the Conventions.

   //  VIEW PDF
& Other Current Events

Cultivating Inclusion

Twenty-five years ago, law schools were in the developing stages of a pitched battle for the future of legal...

Aftermarketfailure: Windows XP's End of Support

"After 12 years, support for Windows XP will end on April 8, 2014." So proclaims a Microsoft website with...

Globally Speaking—Honoring the Victims' Stories: Matsuda's Human Rights Praxis

Globally speaking, international law and the vast majority of domestic legal systems strive to protect...

Toward A Multiple Consciousness of Language: A Tribute to Professor Mari Matsuda

I am thrilled to be part of this commemoration of the twenty-fifth anniversary of Professor Matsuda's...

House Swaps: A Strategic Bankruptcy Solution to the Foreclosure Crisis

Since the price peak in 2006, home values have fallen more than 30 percent, leaving millions of Americans...
MAILING LIST
Sign Up to Join Our Mailing List