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“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison Jan 2024

“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison

Fordham International Law Journal

In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control over the local population. However, the international community has failed to recognize both the severity and systemic nature of gender-based violence by gang members. This Note—which focuses on El Salvador, but has implications for the rest of the Northern Triangle countries—argues that gender-based violence by …


China’S Dual State Revival Under Xi Jinping, Eva Pils Jan 2023

China’S Dual State Revival Under Xi Jinping, Eva Pils

Fordham International Law Journal

Under President Xi Jinping, China has undergone autocratic reclosure. Drawing on Fraenkel’s 1940 analysis of Germany’s then dictatorship as a duality of coexisting normative and prerogative modes of governance established to normalize ‘emergency’ exemptions from legality, this Article argues that this process can be understood as a Dual State revival at a point in time when rule of law corroded in liberal-democratic systems with more robust legal institutions and protections.


Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Yvonne Dutton, Milena Sterio Jan 2023

Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Yvonne Dutton, Milena Sterio

Fordham International Law Journal

No abstract provided.


The Need For An International Tribunal On The Crime Of Aggression Regarding The Situation In Ukraine, Jennifer Trahan Jan 2023

The Need For An International Tribunal On The Crime Of Aggression Regarding The Situation In Ukraine, Jennifer Trahan

Fordham International Law Journal

This Essay examines the imperative need to prosecute the crime of aggression being committed against Ukraine and doing so through an international tribunal created on the recommendation of the UN General Assembly. It also makes the case for amending the Rome Statute of the International Criminal Court to expand jurisdiction over the crime of aggression to cover future similar situations. Both are critically important in order to enforce the core norm against the use of force within the UN Charter through the regime of individual criminal responsibility. The Essay also briefly explores the paralysis caused within the UN Security Council …


Cooperation With United Nations Atrocity Inquiries, Michael Ramsden Jan 2022

Cooperation With United Nations Atrocity Inquiries, Michael Ramsden

Fordham International Law Journal

No abstract provided.


Paradox In Practice: A Reckoning Of The Common Law’S Antiquated, Prejudiced Felony Murder Rule, Julia Tedesco Jan 2021

Paradox In Practice: A Reckoning Of The Common Law’S Antiquated, Prejudiced Felony Murder Rule, Julia Tedesco

Fordham International Law Journal

No abstract provided.


Venturing East: The Involvement Of The International Criminal Court In Post-Soviet Countries And Its Impact On Domestic Processes, Dr. Iryna Marchuk, Aloka Wanigasuriya Jan 2021

Venturing East: The Involvement Of The International Criminal Court In Post-Soviet Countries And Its Impact On Domestic Processes, Dr. Iryna Marchuk, Aloka Wanigasuriya

Fordham International Law Journal

No abstract provided.


Apple, The Government, And You: Security And Privacy Implications Of The Global Encryption Debate, Rafita Ahlam Jan 2021

Apple, The Government, And You: Security And Privacy Implications Of The Global Encryption Debate, Rafita Ahlam

Fordham International Law Journal

No abstract provided.


Anti-Carceral Futures: A Comparative Perspective Of Restorative And Transformative Justice Practices In The United States And New Zealand, Hannah Goodman Jan 2021

Anti-Carceral Futures: A Comparative Perspective Of Restorative And Transformative Justice Practices In The United States And New Zealand, Hannah Goodman

Fordham International Law Journal

No abstract provided.


Deliberating At A Crossroads: Sex Trafficking Victims’ Decisions About Participating In The Criminal Justice Process, Rachel J. Wechsler Jan 2020

Deliberating At A Crossroads: Sex Trafficking Victims’ Decisions About Participating In The Criminal Justice Process, Rachel J. Wechsler

Fordham International Law Journal

No abstract provided.


Justice, Interrupted: A Death At The Khmer Rouge Trials And Reasons For Optimism, J. Andrew Boyle Jan 2020

Justice, Interrupted: A Death At The Khmer Rouge Trials And Reasons For Optimism, J. Andrew Boyle

Fordham International Law Journal

No abstract provided.


European Union Citizenship And The Unlawful Denial Of Member State Nationality, William Thomas Worster Jan 2020

European Union Citizenship And The Unlawful Denial Of Member State Nationality, William Thomas Worster

Fordham International Law Journal

No abstract provided.


Race, Caste, And Hunger, Ramya Jawahar Kudekallu Jan 2020

Race, Caste, And Hunger, Ramya Jawahar Kudekallu

Fordham International Law Journal

No abstract provided.


Judicial Independence And Accountability: Withstanding Political Stress In Poland, Fryderyk Zoll, Leah Wortham Jan 2019

Judicial Independence And Accountability: Withstanding Political Stress In Poland, Fryderyk Zoll, Leah Wortham

Fordham International Law Journal

No abstract provided.


From Retribution To Restoration: Implementing Nationwide Restorative Justice Initiatives - Lessons From Jamaica, Inga N. Laurent Jan 2019

From Retribution To Restoration: Implementing Nationwide Restorative Justice Initiatives - Lessons From Jamaica, Inga N. Laurent

Fordham International Law Journal

No abstract provided.


Defenders Aplenty: Access To Justice For Women Human Rights Defenders, Morganne Barrett Jan 2019

Defenders Aplenty: Access To Justice For Women Human Rights Defenders, Morganne Barrett

Fordham International Law Journal

No abstract provided.


The Uncertain Relationship Between International Criminal Law Accountability And The Rule Of Law In Post-Atrocity States: Lessons From Cambodia, Randle C. Defalco Jan 2018

The Uncertain Relationship Between International Criminal Law Accountability And The Rule Of Law In Post-Atrocity States: Lessons From Cambodia, Randle C. Defalco

Fordham International Law Journal

No abstract provided.


Independence Without Accountability: The Harmful Consequences Of Eu Policy Toward Central And Eastern European Entrants, James E. Moliterno, Lucia Berdisová, Peter Čuroš, Ján Mazúr Jan 2018

Independence Without Accountability: The Harmful Consequences Of Eu Policy Toward Central And Eastern European Entrants, James E. Moliterno, Lucia Berdisová, Peter Čuroš, Ján Mazúr

Fordham International Law Journal

No abstract provided.


Prosecutors And Justice: Insights From Comparative Analysis, Laurène Soubise, Alice Woolley Jan 2018

Prosecutors And Justice: Insights From Comparative Analysis, Laurène Soubise, Alice Woolley

Fordham International Law Journal

No abstract provided.


The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging, Or Interfering?, Helen Kruuse, Philip Genty Jan 2018

The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging, Or Interfering?, Helen Kruuse, Philip Genty

Fordham International Law Journal

No abstract provided.


Navigating The Judicial Terrain Under Israeli Occupation: Palestinian And Israeli Lawyers In The Military Courts, Neta Ziv Jan 2018

Navigating The Judicial Terrain Under Israeli Occupation: Palestinian And Israeli Lawyers In The Military Courts, Neta Ziv

Fordham International Law Journal

No abstract provided.


Facing The Unravelling Of Reform: Domestic And International Perspectives On The Changing Role Of China's Rights Lawyers, Martin S. Flaherty Jan 2018

Facing The Unravelling Of Reform: Domestic And International Perspectives On The Changing Role Of China's Rights Lawyers, Martin S. Flaherty

Fordham International Law Journal

No abstract provided.


Human Rights Lawyers' Role In Rights Ngos In China: History And Future, Lu Jun Jan 2018

Human Rights Lawyers' Role In Rights Ngos In China: History And Future, Lu Jun

Fordham International Law Journal

No abstract provided.


In Whose Service? The Transnational Legal Profession's Interaction With China And The Threat To Lawyers' Autonomy And Professional Integrity, Eva Pils Jan 2018

In Whose Service? The Transnational Legal Profession's Interaction With China And The Threat To Lawyers' Autonomy And Professional Integrity, Eva Pils

Fordham International Law Journal

No abstract provided.


Who Is Worthy? Non-Lawyer Participation In Japanese And Singaporean Lawyer Disciplinary Systems, Dr. Kay-Wah Chan, Helena Whalen-Bridge Jan 2018

Who Is Worthy? Non-Lawyer Participation In Japanese And Singaporean Lawyer Disciplinary Systems, Dr. Kay-Wah Chan, Helena Whalen-Bridge

Fordham International Law Journal

No abstract provided.


Digital Evidence And War Crimes Prosecutions: The Impact Of Digital Technologies On International Criminal Investigations And Trials, Lindsay Freeman Jan 2018

Digital Evidence And War Crimes Prosecutions: The Impact Of Digital Technologies On International Criminal Investigations And Trials, Lindsay Freeman

Fordham International Law Journal

No abstract provided.


Re-Designing Afghanistan's Approach To Mental Illness Evaluations For Criminal Defendants: Toward Reliable Procedures And Predictable Outcomes, Habiburrahman Rizapoor Jan 2018

Re-Designing Afghanistan's Approach To Mental Illness Evaluations For Criminal Defendants: Toward Reliable Procedures And Predictable Outcomes, Habiburrahman Rizapoor

Fordham International Law Journal

No abstract provided.


Pragmatism Over Principles: The International Criminal Court And A Human Rights-Based Approach To Judicial Interpretation, Dr. Brianne Mcgonigle Leyh Jan 2018

Pragmatism Over Principles: The International Criminal Court And A Human Rights-Based Approach To Judicial Interpretation, Dr. Brianne Mcgonigle Leyh

Fordham International Law Journal

No abstract provided.


A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher Feb 2016

A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher

Fordham International Law Journal

If international atrocity crimes are acts so egregious that their impunity cannot be legally tolerated, why don’t we punish States that commit them? The rise of international criminal law is celebrated as an achievement of the international rule of law, yet its advance effectively may come at the expense of holding States accountable for their role in mass violence. Transitional justice has emerged as the dominant normative framework for how the international community responds to mass violence. Liberalism strongly influences transitional justice, which has produced individual criminal accountability as the desired form of legal accountability for atrocities. Transitional justice rejects …


Does Every Cloud Have A Silver Lining?: Brexit, Repeal Of The Human Rights Act And The Northern Ireland Bill Of Rights, Anne Smith, Monica Mcwilliams, Priyamvada Yarnell Jan 2016

Does Every Cloud Have A Silver Lining?: Brexit, Repeal Of The Human Rights Act And The Northern Ireland Bill Of Rights, Anne Smith, Monica Mcwilliams, Priyamvada Yarnell

Fordham International Law Journal

Following the Brexit referendum in the United Kingdom and the Conservative’s plans to replace the Human Rights Act with a British Bill of Rights, this article argues that this is an opportunity to re-open the debate on how best to address the current political stalemate on a Northern Ireland Bill of Rights, an unfulfilled element of the Belfast/Good Friday Agreement. We argue that at a time when there is so much uncertainty about the protection and safeguarding of rights with a real risk of lesser rights for fewer people in the United Kingdom, more than ever is the need to …