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Full-Text Articles in Law
Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz
Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz
Vanderbilt Journal of Transnational Law
The selection of situations and cases remains one of the most vexing challenges facing the International Criminal Court (ICC) and other international criminal tribunals. Since Nuremberg, international criminal law (ICL) has experienced significant progress in developing procedural safeguards designed to protect the fair trial rights of the accused. But it continues to lag in the fairness of its selection decisions as measured against the norm of equal application of law, whether in the disproportionate focus on certain regions (as with the ICC's focus on Africa), the application of criminal responsibility only to one side of a conflict, or the continued …
The Money Mule: Its Discursive Construction And The Implications, Rainer Hulsse
The Money Mule: Its Discursive Construction And The Implications, Rainer Hulsse
Vanderbilt Journal of Transnational Law
The proceeds of cybercrime are typically laundered by money mules--people used by criminal organizations to interrupt the financial paper trail by transferring money for the criminals. This Article analyzes the discursive construction of the money mule in documents of national and international anti-money laundering authorities such as Financial Intelligence Units (FIUs), Europol, and the Financial Action Task Force (FATF). It shows how case study narratives, visualizations, and metaphors contribute to an understanding of the money mule as an innocent victim of organized crime networks from West Africa and Eastern Europe, supported by money remittance companies like Western Union. These constructions …
Confronting Mexico's Enforced Disappearance Monsters: How The Icc Can Contribute To The Process Of Realizing Criminal Justice Reform In Mexico, Rodolfo D. Saenz
Confronting Mexico's Enforced Disappearance Monsters: How The Icc Can Contribute To The Process Of Realizing Criminal Justice Reform In Mexico, Rodolfo D. Saenz
Vanderbilt Journal of Transnational Law
In 2015, the United Nations Committee on Enforced Disappearances released a report on Mexico, concluding that there is a generalized context of disappearances in the country, many of which would meet the legal definition of enforced disappearance. Despite the recurring pattern of mass disappearances throughout the country in the last decade, including the recent disappearance of forty-three students in Iguala, Mexico has not convicted a single person for an enforced disappearance committed after 2006. Equally appalling is the fact that 40 percent of missing person cases in the country never get opened. Mexico has begun a process of reforming its …
Sovereign Display And Fiscal Techniques, Magnus Hornqvist
Sovereign Display And Fiscal Techniques, Magnus Hornqvist
Vanderbilt Journal of Transnational Law
Over recent decades, the state has come to increasingly rearticulate sovereignty at the very center of society. To support the thesis of a migration of sovereignty from the periphery to the center, from the punishment of marginalized groups to the regulation of economic transactions, this Article sketches the development of rules, monitoring, and sanctions--the three phases of regulation in the strict sense--with respect to first tax evasion and undeclared work and then organized crime, money laundering, and terrorist financing. Unbounded reasons of state, symbolic authority, and conflicts with formidable foes are found to be expressed in the economic sphere, which …