Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Entire DC Network

Latino Workers And Human Rights In The Aftermath Of Hurricane Katrina, Laurel E. Fletcher, Phuong Pham, Eric Stover, Patrick Vinck Jul 2015

Latino Workers And Human Rights In The Aftermath Of Hurricane Katrina, Laurel E. Fletcher, Phuong Pham, Eric Stover, Patrick Vinck

Eric Stover

No abstract provided.


Bremer's Gordian Knot: Transitional Justice And The Us Occupation Of Iraq, Eric Stover, Hanny Megally, Hania Mufti Jul 2015

Bremer's Gordian Knot: Transitional Justice And The Us Occupation Of Iraq, Eric Stover, Hanny Megally, Hania Mufti

Eric Stover

Shortly after the US invasion and occupation of Iraq, L. Paul Bremer III, in his capacity as the chief administrator of the Coalition Provisional Authority (CPA), introduced several transitional justice mechanisms that set the course for how Iraqis would confront the legacy of past crimes for years to come. In developing these mechanisms, Bremer consulted with a select group of Iraqi exiles that had returned to Iraq or were still living abroad. However, he failed to solicit the opinions and attitudes of the Iraqi people as a whole. He also failed to consult many of the governmental and nongovernmental entities …


The Lord's Resistance Army And Forced Conscription In Northern Uganda, Phuong N. Pham, Patrick Vinck, Eric Stover Jul 2015

The Lord's Resistance Army And Forced Conscription In Northern Uganda, Phuong N. Pham, Patrick Vinck, Eric Stover

Eric Stover

On 13 October 2005, the International Criminal Court unsealed warrants of arrest for five senior leaders of the Lord's Resistance Army (LRA) for the forced conscription of children and other war crimes in northern Uganda. We compiled a database of 25,231 children and youth who had been registered by receptions centers in northern Uganda after their return from the LRA. Most of the LRA returnees were thirteen to eighteen years old (37 percent) and nineteen to thirty years old (24 percent). Twenty-four percent of the LRA returnees were female and 76 percent were male. The average length of abduction was …


A Commitment To Justice Means More Than Just Closing Gitmo, Laurel E. Fletcher, Eric Stover Jan 2015

A Commitment To Justice Means More Than Just Closing Gitmo, Laurel E. Fletcher, Eric Stover

Eric Stover

No abstract provided.


Working Paper Digital Evidence And The American.Pdf, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban Sep 2013

Working Paper Digital Evidence And The American.Pdf, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban

Eric Stover

This paper provides background on the American Servicemembers’ Protection Act (ASPA or Act) and examines the circumstances surrounding the passage of the Act, its key provisions and their exceptions, and how the Act affects investigations by the International Criminal Court (ICC or Court).

International criminal prosecutions increasingly rely on cyberinvestigations to uncover digital evidence that can be subsequently admitted in court proceedings. ASPA restricts U.S. cooperation with the ICC and its investigations within the United States. As the majority of emails and social media platforms are linked to U.S. entities, ICC cyberinvestigations will inevitably invoke ASPA in one way or …


Working Paper: An Overview Of The Use Of Digital Evidence In International Criminal Courts, Salzburg Workshop On Cyber Investigations, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban Sep 2013

Working Paper: An Overview Of The Use Of Digital Evidence In International Criminal Courts, Salzburg Workshop On Cyber Investigations, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban

Eric Stover

As digital evidence becomes more prevalent, it poses challenges to the International Criminal
Court. This paper reviews some of the leading international criminal cases involving digital
evidence, with a particular focus on the ICC, and identifies four types of evidentiary
considerations specific to digital evidence: (1) authentication; (2) hearsay; (3) provenance (chain
of custody); and (4) preservation of evidence. Using these four considerations, this paper aims to
contribute to discussion on how best to respond to the challenges of digital evidence. The paper
concludes with several questions raised by this analysis.


Working Paper: Digital Evidence: Investigatory Protocols, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban Sep 2013

Working Paper: Digital Evidence: Investigatory Protocols, Laurel E. Fletcher, Chris Jay Hoofnagle, Eric Stover, Jennifer Urban

Eric Stover

The purpose of this paper is to assist the Office of the Prosecutor (“OTP”) at the International Criminal Court (“ICC”) by discussing cyberinvestigation protocols that enable strategic mobilization and acquisition of digital evidence.

This paper discusses cyberinvestigation protocols relevant to three types of digital evidence: data that is on a device; data that is not on a device or is accessible online; and data that is held privately by a service provider. The first section addresses how an investigator should acquire and authenticate physical devices that may have evidentiary value. The protocols demonstrate methods that reduce the risk of inadmissibility …


Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite Dec 2009

Book Reviews, Laurel E. Fletcher, Eric Stover, Alex Braithwaite

Eric Stover

Book review for The Guantanamo Effect: Exposing the Consequences of US Detention and Interrogation Practices by Laurel Fletcher and Eric Stover


Terrorist For Sale, Laurel E. Fletcher, Jeremy Harding, Eric Stover Oct 2009

Terrorist For Sale, Laurel E. Fletcher, Jeremy Harding, Eric Stover

Eric Stover

Book review for The Guantanamo Effect: Exposing the Consequences of US Detention and Interrogation Practices by Laurel Fletcher and Eric Stover


Guantanamo Haunts Released Detainees, Laurel E. Fletcher, Eric Stover Jun 2009

Guantanamo Haunts Released Detainees, Laurel E. Fletcher, Eric Stover

Eric Stover

No abstract provided.


Returning Home: Resettlement And Reintegration Of Detainees Released From The U.S. Naval Base In Guantánamo Bay, Cuba, Laurel E. Fletcher, Eric Stover Feb 2009

Returning Home: Resettlement And Reintegration Of Detainees Released From The U.S. Naval Base In Guantánamo Bay, Cuba, Laurel E. Fletcher, Eric Stover

Eric Stover

On January 22, 2009, President Obama signed an executive order to close the detention facilities in
Guantánamo Bay Naval Base within 12 months. A comprehensive plan for closing the camp should
include a resettlement and reintegration program for detainees released from the facility since 2002.
Our data indicate that social stigma, unemployment, and impairments to mental and physical
health hinder eff orts of former detainees to reestablish their lives after release from custody.

United States support for reintegration efforts is strategically and morally justified. Such efforts will
(1) protect U.S. national security, (2) help repair the U.S. image abroad, (3) …


Closing Gtmo Is Not Enough, Laurel E. Fletcher, Eric Stover Nov 2008

Closing Gtmo Is Not Enough, Laurel E. Fletcher, Eric Stover

Eric Stover

No abstract provided.


Guantánamo And Its Aftermath: U.S. Detention And Interrogation Practices And Their Impact On Former Detainees, Laurel E. Fletcher, Eric Stover, Stephen Paul Smith, Alexa Koenig, Zulaikha Aziz, Alexis Kelly, Sarah Staveteig, Nobuko Mizoguchi Oct 2008

Guantánamo And Its Aftermath: U.S. Detention And Interrogation Practices And Their Impact On Former Detainees, Laurel E. Fletcher, Eric Stover, Stephen Paul Smith, Alexa Koenig, Zulaikha Aziz, Alexis Kelly, Sarah Staveteig, Nobuko Mizoguchi

Eric Stover

This sobering report by researchers at the University of California, Berkeley adds a new chapter to the chronicle of America’s dismal descent into the netherworld of prisoner abuse since the tragic events of September 11, 2001. Carefully researched and devoid of rhetoric, it traces the missteps that disfigured an internationally admired nation and tainted its self-proclaimed ideals of humane treatment and justice
for all. Through the voices of detainees formerly held at U.S. detention facilities in Afghanistan and
Guantánamo Bay, Cuba, the report provides new insights into the lingering consequences of unjust
detention and the corrupted processes developed in the …


Human Rights And Mass Disaster: Lessons From The 2004 Tsunami, Laurel E. Fletcher, Harvey M. Weinstein, Eric Stover Dec 2006

Human Rights And Mass Disaster: Lessons From The 2004 Tsunami, Laurel E. Fletcher, Harvey M. Weinstein, Eric Stover

Eric Stover

This paper describes the results of an investigation into how the December, 2004 tsunami and its aftermath affected the human rights of the survivors. Teams of researchers interviewed survivors, government officials, representatives of international and local nongovernmental organisations, UN officials, the military, police, and
other key informants in India, Sri Lanka, the Maldives, Indonesia, and Thailand. We also analysed newspaper articles, reports released by governments, UN agencies, NGOs, and private humanitarian aid groups, and we examined the laws and policies related to survivors' welfare in the affected countries. We found worsening of
prior human rights violations, inequities in aid distribution, …


Rebuilding After Katrina: A Population-Based Study Of Labor And Human Rights In New Orleans, Laurel E. Fletcher, Phuong Pham, Eric Stover, Patrick Vinck May 2006

Rebuilding After Katrina: A Population-Based Study Of Labor And Human Rights In New Orleans, Laurel E. Fletcher, Phuong Pham, Eric Stover, Patrick Vinck

Eric Stover

The International Human Rights Law Clinic and the Human Rights Center at the University of California, Berkeley collaborated with the Payson Center for International Development and Technology Transfer at Tulane University to conduct a study of the situation of construction workers in New Orleans. The study took place in March 2006 and examined both documented and undocumented workers. Documented workers include U.S. citizens, permanent residents, work visa holders, and those workers with temporary immigration status, while undocumented workers are immigrants who are considered to be living in the United States illegally, although some may be eligible for legal status but …


After The Tsunami: Human Rights Vulnerabilities Of Vulnerable Populations, Laurel E. Fletcher, Eric Stover, Harvey M. Weinstein Sep 2005

After The Tsunami: Human Rights Vulnerabilities Of Vulnerable Populations, Laurel E. Fletcher, Eric Stover, Harvey M. Weinstein

Eric Stover

In March and April 2005, a little over two months after the tsunami struck, the Human Rights Center of the University of California, Berkeley, in partnership with the East-West Center, dispatched teams of researchers to
five countries—India, Indonesia, the Maldives, Sri Lanka, and Thailand—affected by the disaster to interview hundreds of survivors and key informants. The specific objectives of the survey were:
  1. to assess the nature and extent of pre-existing human rights problems and their impact on vulnerable groups prior to the tsunami;
  2. to investigate violations of human rights in the post-tsunami period;
  3. to examine the response of governments and …