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Articles 1 - 30 of 186
Full-Text Articles in Entire DC Network
“Kill, Rape, Control”: Gender-Based Violence By Gang Members In El Salvador As Crimes Against Humanity Under International Criminal Law, Elizabeth Garrison
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …