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Full-Text Articles in Law
The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn
The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn
Geoffrey S. Corn
Debates over the permissible authority to use force against emerging non-state threats are consistently dictated by a binary legal paradigm: either armed conflict is recognized permitting status based targeting or law enforcement conduct based use of force norms must be respected. This paradigm has driven an expansion of the threats characterized by states as falling within the scope of non-international armed conflicts, a trend that has produced substantial controversy. At the same time, in many states organized criminal groups are creating unprecedented challenges to government authority by utilizing widespread and indiscriminate violence to sow the seeds of chaos and demonstrate …
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
Given the “third wave” of democratic development and entrenchment that has taken hold around the world within the past three decades, the topic of how these transitioning societies cope with the legacy of atrocity and criminality that often accompany authoritarian rule has taken on a fresh salience. The structural, ethical, legal, and political problems faced during such transitions have become the topic of a burgeoning “transitional justice” sub-field within the fields of Law and Political Science. This Article will survey key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition …
Law Enforcement Cooperation As A 'Transnational Factor' In Cross-Taiwan Strait Relations, Jason A. Blatt
Law Enforcement Cooperation As A 'Transnational Factor' In Cross-Taiwan Strait Relations, Jason A. Blatt
Jason A Blatt
In recent years, political disputes have constantly prevented governments in China and Taiwan from working with each other on important issues of mutual concern. However, cooperation between law enforcement authorities on both sides of the Taiwan Strait has steadily increased over the past decade and a half, regardless of ups and downs in political relations. While governments on both sides are still not speaking to each other, law enforcement authorities are boosting cooperation by sharing information on criminal cases, deporting each other's fugitives, exchanging visits of high-ranking police officials and participating in seminars on cross-strait crime-fighting. Successful cross-strait law enforcement …