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Articles 1 - 5 of 5
Full-Text Articles in Law
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Craig Martin
For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …
The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl
The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl
Mark A. Drumbl
The International Criminal Court has jurisdiction over the crime of aggression, but the Rome Statute fails to define the crime. A Special Work- ing Group on the Crime of Aggression, however, has made considerable progress in developing a definition. The consensus that has emerged favors a narrow definition. Three characteristics animate this consensus: (1) that state action is central to the crime; (2) that acts of aggression involve inter- state armed conflict; and (3) that criminal responsibility attaches only to very top political or military leaders. This Article normatively challenges this consensus. I argue that expanding the scope of the …
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Maryland Journal of International Law
No abstract provided.
Immoral Waiver: Judicial Review Of Intra-Military Sexual Assault Claims, Francine Banner
Immoral Waiver: Judicial Review Of Intra-Military Sexual Assault Claims, Francine Banner
Francine Banner
This essay critiques the application of the Feres doctrine and the policy of judicial deference to military affairs in the context of recent class actions against government and military officials for constitutional violations stemming from sexual assaults in the U.S. military. The Pentagon estimates that 19,000 military sexual assaults occur each year. Yet, in 2011, fewer than two hundred persons were convicted of crimes of sexual violence. In the face of such pervasive and longstanding constitutional violations, this essay argues that the balance of harms weighs heavily in favor of judicial intervention. The piece discusses why, from both legal and …
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Maryland Journal of International Law
No abstract provided.