Ius Gentium

University of Baltimore School of Law's Center for International and Comparative Law Fellows discuss international and comparative legal issues


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United in Paralysis

Bradley Willis

On April 1, 2017, the armed forces of Syrian President Bashar al-Assad launched a chemical weapon attack on a Syrian hospital.[1]  Unfortunately, this attack is not the first instance of chemical warfare in the Syrian Civil War.[2]

Raging for the past six years, the Syrian Civil War has claimed the lives of hundreds of thousands of men, women, and children.[3]  In 2012, then-President Barack Obama drew the non-infamous “redline”, claiming it would “change my calculus” if chemical weapons were used in the Syrian War. [4] While the Obama Administration appeared to be heading towards another intervention in the Middle East, the administration soon reversed itself, placing its hopes on a deal reached with the Russian Federation.  In this 11th hour deal, the Russians were to oversee the destruction of President Assad’s chemical weapons.[5]

While the United States may well have avoided another Middle Eastern quagmire and may well have ceded prestige and influence to the Russians, the world largely watched the horror unfold as thousands of Syrian citizens were rendered helpless by chemical nerve agents.  The world was horrified at the effects of the nerve agents, and yet the world continued with business as usual.

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Just as then-President Obama was torn between military intervention in the Syrian Civil War and non-intervention, President Trump is torn between intervening in a years-long war and remaining on the sidelines.  Even though candidate Trump campaigned on an “American First” platform, consistently claiming he was against the Second Iraq War from the beginning, the President must understand that America must stand for the non-use of chemical or biologic weapons against citizens, or even on the battlefield.

America, from its founding, has stood for the universal rights of freedom and self-determination, enshrined in our Declaration of Independence from George III, chief among them, life, liberty, and the pursuit of happiness.  While, like all nations, the history of the United States is tainted with horrific episodes, the United States stands for human rights.  In the history of the world, the United States is one of the only, if not the only, nation that fought a brutal civil war to set other men free from bondage.

Furthermore, the United States, and its allies, fought two World Wars under the principles of self-determination and freedom from tyranny, persecution, and genocide.  From the ashes of the Second World War rose the United Nations.  That institution too, seems incapable of stopping Assad’s gas attacks.

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     Protected by the Chinese and Russian veto, the Syrian government will probably never pay for its gross violation of international law and the laws of war.  This then begs the question: if the United Nations is no longer an institution capable of protecting the innocent, then what is its purpose in its current form?  What would make this institution capable of truly bringing violators to justice and face the consequences of their actions?

There has been some discussion on reforming the United Nations Security Council.  In what form would such an arrangement take?  Would there be any permanent members removed from their permanent positions?  Who would take their place?  In the event present permanent members are not removed, what members would receive permanent membership?  Finally, how would that affect the veto powers?

Some have offered the addition of the “BRIC(S)” as permanent members to the Security Council, minus the already-permanent members of Russia and China.  As the leading emerging economies Brazil, India, and South Africa would receive permanent status as well as a veto.

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As the largest country in South America, Brazil would add diversity to the Council, as it would be the only permanent member from South America.  As another emerging economy with a large population, and a democracy, India would be a leading candidate to receive permanent status.  However, given various geopolitical concerns, China would likely vocally oppose any such appointment to the Security Council’s permanent members.  Pakistan, India’s longtime rival, would oppose such an appointment as well.  Given the absence of an African voice on a permanent basis, South Africa would probably receive the veto and permanent status.  But the question would then turn to the following: given the dilution of the veto, what would be its power? 

Would the United Nations determine that since there would be as many as eight members, would any veto require just one permanent member to halt a resolution, or would two members be necessary?  Could this body become more democratic, with “majority rule” be the rule?  If that is the case, how would the decidedly non-democratic states of Russia and China respond?  They could, one could plausibly foresee, cut back on their involvement in the Security Council, deciding that they no longer have as much of a stake in the body.

While the United Nations has been unable to protect the innocent in conflicts like Rwanda, the Sudan, Syria, or Eastern Ukraine, the UN must reevaluate its work.  The United Nations appears paralyzed and incapable of living up to providing for peace and prosperity for all nations.  Perhaps a remedy for this apparent paralysis could include more permanent members of the Security Council while revising the current rules regarding the veto powers of the permanent members.  

While the United Nations expressed outrage as from this most recent chemical weapons attack against an innocent civilian population, the UN has not taken any concrete actions against Bashar al-Assad.  While President Trump campaigned on an “America First” platform, the president’s most recent actions[6] are polar opposites of such a course.  United Nations Ambassador Nikki Haley stated that, regime change in Syria is “inevitable.”[7]

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It appears that President Trump is evolving in his new role as commander in chief and as leader of the free world.  From campaigning on an “America First” platform to his strikes against Syria, and the dispatching of the USS Carl Vinson strike group to the Korean Peninsula, President Trump has shown he is willing to use military force to further the interests of the United States in the absence of United Nations action.[8]

Bradley Willis is a 3L at the University of Baltimore School of Law.  He graduated from the University of Delaware (2014) with a Bachelor of Arts in Political Science and minors in History and French and studied abroad in Caen, France.  His areas of interest are international relations, history, politics, and the laws of war.  Bradley spent a semester externing with the Hermina Law Group, researching and writing sovereign immunity issues as well as embassy law.  Last year, he participated in the Philip C. Jessup Moot Court Competition.  He is currently a law clerk for the Law Office of David B. Love, P.A.

[1] http://www.cnn.com/2017/04/09/middleeast/syria-missile-strike-chemical-attack-aftermath/index.html

[2] https://www.washingtonpost.com/world/national-security/nearly-1500-killed-in-syrian-chemical-weapons-attack-us-says/2013/08/30/b2864662-1196-11e3-85b6-d27422650fd5_story.html?utm_term=.4ada9a3de471

[3] https://www.nytimes.com/2016/02/12/world/middleeast/death-toll-from-war-in-syria-now-470000-group-finds.html?_r=0

[4] https://www.washingtonpost.com/news/fact-checker/wp/2013/09/06/president-obama-and-the-red-line-on-syrias-chemical-weapons/?utm_term=.598421a987c9

[5] http://www.bbc.com/news/world-middle-east-23876085

[6] Fifty-nine Tomahawk missiles were launched from two American destroyers in the Mediterranean Sea against the airfield the Syrian armed forces launched their chemical attack

[7] http://www.cnn.com/2017/04/09/middleeast/syria-missile-strike-chemical-attack-aftermath/index.html

[8] http://www.cnn.com/2017/04/09/politics/navy-korean-peninsula/

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Turkey’s Breach of the Principle of Non-Refoulement

Yasmine Akkad

Non-refoulement is a fundamental principle in international law that was first laid out in the UN Convention relating to the Status of Refugees in 1954.[i] Article 33(1) of the convention provides that: “no Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”[ii] Recently, Turkey breached this principle of non-refoulement by illegally returning thousands of Syrian refugees to war-torn Syria.[iii]

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According to a report conducted by Amnesty International, about 100 Syrians have been sent back to their war-torn country every day since January.[iv] This news comes shortly after Turkey struck a deal with the European Union (aimed at stemming the flow of refugees arriving in Greece), agreeing to accept refugees in return for aid and political concessions.[v] Under the agreement, all “irregular migrants” arriving in Greece from Turkey on 20 March onwards will face being sent back.[vi] The agreement further stipulates that the EU will take in one Syrian (who has made a legitimate request) for each Syrian migrant returned to Turkey.[vii] The process, which is known as “one in, one out,” is meant to discourage illegal migration into Europe.[viii]

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Amnesty says this latest report exposes the flaws in the deal between Turkey and the EU.[ix] Critics of the deal say the EU is irresponsibly returning Syrian refugees to an unsafe country, in a desperate effort to seal its borders.[x] In the Amnesty report, John Dalhuisen remarked, “in their desperation to seal their borders, EU leaders have willfully ignored the simplest of facts: Turkey is not a safe country for Syrian refugees and is getting less safe by the day.”[xi]

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Turkey’s recent breach of international law is symptomatic of a larger issue. There is no end in sight for Syria’s civil war, and the number of people fleeing Syria will only increase. Since Syria’s civil war began more than five years ago, Turkey has taken in more refugees than any other country worldwide.[xii] Put simply, Turkey is overwhelmed. The country has struggled to accommodate the refugees, who are putting a strain on Turkey’s economy and healthcare system.[xiii] While it is not acceptable for Turkey to return refugees to war-torn Syria, it is also not acceptable for the world to sit idly by as thousands of Syrians flee the ongoing violence and hostility in Syria.

Yasmine Akkad is a third year law student at the University of Baltimore School of Law J.D. Candidate (’16). She holds a Bachelors of Science in Law and American Civilization and a minor in English from Towson University. Her primary interests include international law and international human rights law. In addition to being a CICL Fellow, she competed in the 2014-2015 Jessup International Moot Court Competition, Mid-Atlantic Region, and is an active member of the American Society of International Law.

[i] http://www.unesco.org/new/en/social-and-human-sciences/themes/international-migration/glossary/refoulement/

[ii] Id.

[iii] http://www.bbc.com/news/world-europe-35941947

[iv] Id.

[v] Id.

[vi] http://www.theguardian.com/world/2016/apr/04/eu-turkey-deal-syrian-refugees-germany-istanbul-hanover

[vii] http://www.bbc.com/news/world-europe-35956836

[viii] http://www.ibtimes.com/syrian-refugees-forced-back-war-zone-turkish-authorities-eu-turkey-agreement-goes-2348127

[ix] Id.

[x] Id.

[xi] Id.

[xii] https://www.mercycorps.org/articles/iraq-jordan-lebanon-syria-turkey/quick-facts-what-you-need-know-about-syria-crisis

[xiii] http://www.ibtimes.com/syrian-refugees-forced-back-war-zone-turkish-authorities-eu-turkey-agreement-goes-2348127


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The War on Culture

Kia Roberts-Warren

The destruction of culture has become an instrument of terror, in a global strategy to undermine societies, propagate intolerance and erase memories. This cultural cleansing is a war crime that is now used as a tactic of war, to tear humanity from the history it shares,” (Irina Bokova, head of UNSECO).[1]

The destruction and looting of art is a widespread and systematic attack to erase people’s memories and identities. The Nazis destroyed and looted hundreds and thousands of books, art, and other cultural relics.[2] Paintings were vandalized during the armed conflict between Macedonia and the National Liberation Army[3] The siege of Dubrovnik, damaging the ancient Mostar bridge, and the Sarajevo national library during the Yugoslav wars.[4]

Terrorist organizations have put destruction of cultural heritage back on the war agenda. Since ISIS’ has taken over territory in Syria and Iraq, they have destroyed and looted numerous World Heritage Sites that the group deems idolatrous and blasphemous.[5] A World Heritage Site is determined by United Nations Educational, Scientific, and Cultural Organization (UNESCO) and is defined as “belonging to all peoples of the world, irrespective of the territory on which they are located.”[6] By historical standards, ISIS’ actions in Iraq are “on a rampage of destruction not seen since the Mongol’s sacking of Baghdad in 1258.”[7]

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Temple of Bel (or Baal) in Syria. The Temple was one of the main attractions Palmyra, a Roman-era trading outpost in the desert, northeast of Damascus, Syria

In Syria, ISIS has destroyed the ancient cities of Palmyra, Mar Elian Monastery, Apamea, Dura-Europos, and Mari.[8] In Iraq, ISIS has destroyed the oldest Christian monastery (Dair Mar Elia), Assyrian Empire artifacts in the Mosul Museum, Nineveh archeological site, razed the Tomb of Jonah and other religious sites, Nergal Gate (an entrance to the ancient Assyrian city of Nineveh, where the men use power tools to destroy a pair of massive statues of winged bulls with a human heads), and the Nimrud archaeological site.[9]

Moreover, the Sunni Muslim library, the Mosul Museum Library, and the library of the 265-year-old Latin Church and Monastery of the Dominican Fathers have also been heavily damaged. These libraries contained collections from the Ottoman Empire, Iraqi newspapers from the early 20th century, and other ancient texts were burned in the streets.[10] Irina Bokova stated that it was “one of the most devastating acts of destruction of library collections in human history.”[11] (You can see video here)

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A member of ISIS destroying an ancient Assyrian lamassu (screenshot from an ISIS propaganda video)

Intelligence officials say looting is the terror group’s second largest source of income after oil.[12] ISIS encourages civilians to plunder historic sites and then charges a 20 percent tax on anything they sell.

Last February the UN Security Council adopted a new resolution, UNSCR 2199, which was drafted by Russia and co-sponsored by the United States.[13] The Resolution prohibits the trade of artifacts illegally removed from Syria since 2011 and Iraq since 1990.[14] The UN General Assembly, also, passed a resolution called “Saving the Cultural Heritage of Iraq,” which states that ISIS’ actions may amount to war crimes as well as details about ISIS’s attacks on cultural heritage sites and demands its members be stopped and held accountable.[15]

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In the wake of ISIS’ cultural destruction, Italy has teamed up with UNESCO to create a task force.[16] This task force called The Peacekeepers of Culture, will be a 60-person team of art detectives from the art-squad police from Italy’s Carabinieri military police, historians, and Italian-trained restoration experts.[17] The goals of the peacekeepers are to protect ancient artworks, artifacts, and archaeological sites in conflict zones from extremists, protect against “cultural cleansing” and the fear-mongering propaganda, and to cut off some of the Islamic State’s funds acquired through the sale of looted artifacts, statues, and other antiquities on the black market.[18] It will establish facilities in Turin, where it will train cultural heritage protection experts. It aims to “assess risk and quantify damage done to cultural heritage sites, develop action plans and urgent measures, provide technical supervision and training for local national staff,” as well as help move some objects to safety.[19] The task force has not chosen a country for its first mission but is ready to go where UNESCO sends them.[20]

In April 2013, the Smithsonian Institute created the Safeguarding the Heritage of Syria and Iraq (SHOSI) Project. It provides emergency preservation work, conservation materials, and training to Syrian and Iraqi museums to help salvage damaged collections and sites.[21] In the summer of 2014, SHOSI held an emergency workshop in Syria. One of the missions was to provide equipment and supplies for workshop participants to secure the immovable mosaics collection at the Ma’arra Museum in Idlib Province. This museum housed one of the most important collections of third-to-sixth century Roman and Byzantine mosaics in the Middle East.[22]

This may seem to be weak enforcement on the part of the international community. However, destruction of art is as war crime under the Rome Statute of the International Criminal Court (ICC). Article 8 (2)(b)(ix) states: “Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives.”[23]

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Ahmad al-Faqi al-Mahdi, on trial at the International Criminal Court in The Hague

The ICC is currently hearing its first ever war crime trial addressing the destruction of cultural heritage.[24] Malian Jihadi leader, Ahmad al-Faqi al-Mahdi is accused of destroying ancient mausoleums in Timbuktu, specifically, medieval shrines, tombs of Sufi Saints, a 15th century mosque and over 4,000 ancient manuscripts were lost or destroyed all which were considered World Heritage sites.[25] This case is considered to be an important case at the ICC in fighting against war crimes directed at cultural heritage.[26] The last time a case like this was brought to trial was in 2013 when Balkan warlords were charged with the shelling Dubrovnik in the early 1990s, damaging the ancient Mostar bridge, and the Sarajevo national library by the International Criminal Tribunal for the former Yugoslavia (ICTY).[27]

When we think of atrocious crimes committed by ISIS, destruction of art and cultural sites are not on the list. We think of targeting civilians, rape, and general pillage. However, it is important because these sites aren’t just the destruction of Iraqi or Syrian history, but, rather history that belongs to the world. These artifacts and sites cannot be repaired or replaced. Once they are destroyed, they are gone completely. To let them perish at the hands of terrorists cannot go unpunished or unnoticed any longer.

Kia Roberts-Warren is a 2l at UB Law. She is concentrating in international law and business law. Kia graduated from Temple University receiving a BA in East Asian Studies during that time she spent a semester in Tokyo, Japan. Kia has an interest in private international law particularly trade and business as well as public international law. She also interested in fashion law and art law in the international context. Last spring, she was an extern at the Hudson Institute, a think-tank in DC that deals mainly with national security issues. Kia is currently the Career Development Director of ILS and recently participated in the 2016 Philip C. Jessup Moot Court Competition. She also plans on attending the Aberdeen Summer Abroad Program this  summer. 

 

[1] http://saudigazette.com.sa/world/mena/this-map-reveals-full-extent-of-daeshs-cultural-destruction/

[2] http://saudigazette.com.sa/world/mena/this-map-reveals-full-extent-of-daeshs-cultural-destruction/

[3] http://www.dailyevergreen.com/news/article_38faf3bc-da91-11e5-a5e1-fb5b07906df6.html

[4] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[5] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[6] http://whc.unesco.org/en/about/

[7] http://saudigazette.com.sa/world/mena/this-map-reveals-full-extent-of-daeshs-cultural-destruction/

[8] http://news.nationalgeographic.com/2015/09/150901-isis-destruction-looting-ancient-sites-iraq-syria-archaeology/

[9] http://nymag.com/daily/intelligencer/2015/03/isis-destroys-ancient-art.html#

[10] http://nymag.com/daily/intelligencer/2015/03/isis-destroys-ancient-art.html#

[11] http://nymag.com/daily/intelligencer/2015/03/isis-destroys-ancient-art.html#

[12] http://hyperallergic.com/183201/un-security-council-takes-aim-at-isis-antiquities-trafficking/

[13] http://hyperallergic.com/183201/un-security-council-takes-aim-at-isis-antiquities-trafficking/

[14] http://hyperallergic.com/183201/un-security-council-takes-aim-at-isis-antiquities-trafficking/

[15] http://hyperallergic.com/210944/un-says-isiss-cultural-destruction-may-amount-to-war-crimes/

[16] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[17] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[18] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[19] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[20] http://hyperallergic.com/276208/italy-and-unesco-establish-task-force-to-protect-cultural-heritage-in-conflict-zones/

[21] http://unitetosave.si.edu/projects/response/

[22] https://global.si.edu/success-stories/safeguarding-cultural-heritage-syria-and-iraq

[23] http://legal.un.org/icc/statute/99_corr/cstatute.htm

[24] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[25] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[26] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882

[27] https://news.artnet.com/art-world/icc-cultural-destruction-trial-timbuktu-mausoleums-437882


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The Visa Waiver Program’s New and Improved Two-Tier System

Shane Bagwell

America’s most recent change to its immigration system has been a disastrous oversight of secondary consequences that often come as the result of hasty, reactionary politics. Updates to the Visa Waiver Program were generally positive, but a provision included in the update meant to restrict the travel rights of certain groups backfired. Here we will review the program, the changes, and the potential repairs planned for VWP.

The Visa Waiver Program authorizes citizens of participating countries to travel to the United States without a visa for stays of 90 days or less, avoiding the burden of applying through a U.S. Embassy or Consulate prior to entry into the country.[1] Started in 1986, the program was intended to facilitate tourism and short-term business stays, while cutting red tape and shifting State Department resources to more high priority tasks.[2]

Countries which are currently authorized under the Visa Waiver Program:

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In light of recent events around the world, anti-immigrant, anti-refugee, and anti-Muslim sentiments have been inflamed, particularly in the west. As a result of these fears, the U.S. Congress passed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015”, section 3 of which prevented persons from entering the United States under the Visa Waiver Program if the person: “has been present, at any time on or after March 1, 2011, in Iraq or Syria, in a country designated as one that has repeatedly provided support for acts of international terrorism, or in any other country or area of concern designated by the Department of Homeland Security (DHS); and regardless of whether the alien is a national of a program country, is not a national of Iraq or Syria, a country designated as a country that has repeatedly provided support for acts of international terrorism, or any other country or area of concern.”

The second part of this change, that “regardless of whether the alien is a national of a program country” a person may be excluded as a member of a class due only to their other citizenship has been most troubling to civil rights advocates and others.[3] There has been particular uproar from the Iranian-American community, due in part to the fact that Iranian citizens are unable to renounce citizenship, and it passed down to children in certain situations. For example, Article 976 of the Civil Code of Iran states that a child born to an Iranian father, no matter where they may have been born, is an Iranian citizen. This means that, for citizenship purposes, a child whose grandfather was Iranian, but who has no cultural or political ties to Iran may be an Iranian citizen through patrilineal descent.

The second section of the act failed to make exceptions for any group visiting countries such as Syria or Iraq for legitimate purposes. The Obama administration announced that certain groups would be exempted from the visa requirement, such as journalists, humanitarian workers, those traveling on behalf of international organizations or local governments, as well as those who have visited Iraq for “legitimate business-related purposes,” or travelled to Iran after July 14, 2015.[4] These actions have received pushback from Republicans, who believe that the unilateral granting of exemptions was not authorized in the bill.

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Because the Visa Waiver Program is reciprocal, there is a likelihood that these restrictions will be matched by partner countries.[5] Rep. Jared Hauffman (CA-2)., in a letter to President Obama, stated that “[b]ecause the VWP is founded on reciprocity, our U.S. citizen constituents are concerned that this exclusion could result in our VWP partners severely restricting, or entirely ending, visa-free travel for certain U.S. citizens.” This presents an awkward circumstance for Americans who hold multiple citizenships, either by choice or involuntarily.

Rep. Justin Amash (MI-3) introduced the Equal Protection in Travel Act of 2016 on January 13th to repeal the controversial section that applies only to dual nationals of Visa Waiver Program countries.[6]  The bill has received broad bipartisan support, but, in an unpredictable Congress, nothing is certain. As such, it is possible that the restrictions could remain in place, and that retaliatory measures could be taken reducing the utility of U.S. passports for dual nationals under the program.

Until the Equal Protection in Travel Act is signed in to law, the status of dual nations in Visa Waiver Program countries remains in flux. Without swift congressional action, the rules will remain in place, and could cause chaos for dual national travelers within the network. It is worth noting that Canadian citizens are visa exempt and are not participants in the Visa Waiver Program, and therefore the new restrictions do not apply to Canadian citizens who have dual nationality in one of the specified countries.[7]

Shane Bagwell is a 3L at the University of Baltimore School of Law, and a graduate of West Chester University with a Bachelor of Arts in Political Science. He currently serves as the President of the Military Law Association. His interests are Middle Eastern politics, international conflicts, and the law of land warfare. He is currently a law clerk for the Office of the State’s Attorney for Baltimore City, Economic Crimes Division.

[1]     “Visa Waiver Program,” U.S. Dept. of State, https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html

[2]     Visa Waiver Permanent Program Act, Pub. L. 106-396, https://www.gpo.gov/fdsys/pkg/PLAW-106publ396/html/PLAW-106publ396.htm

[3]     These Changes To Tighten Visa Waiver Program Are Now In Effect, NPR. http://www.npr.org/sections/thetwo-way/2016/01/21/463846286/these-changes-to-tighten-visa-waiver-program-are-now-in-effect

[4]     Visa Waiver: U.S. Visa Rules Eased For Some European Travelers Who Visit Terrorist Hotspots, HNGN. http://www.hngn.com/articles/172169/20160122/visa-waiver-u-s-rules-eased-european-travelers-who-visit.htm

[5]     Austin, L. G. (2015, December 18). Visa Waiver Program Improvement Act short on prevention but punitive towards Iranian Americans, the Hill. http://thehill.com/blogs/congress-blog/foreign-policy/263661-visa-waiver-program-improvement-act-short-on-prevention

[6]     Equal Protection in Travel Act of 2016, H.R.4380, 114th Cong. (Referred to the House Committee on the Judiciary 1/13/2016)

[7]     8 CFR §212.1(a)