Law Commons^™

Long Live Joint Criminal Enterprise: With A Particular Reference To Tadić’S Interactive Construction Between “The Beast” And Specific Direction, Miguel Ângelo Loureiro Manero De Lemos

San Diego International Law Journal

The idea that Joint Criminal Enterprise, in particular its extended version, contravenes fundamental principles of criminal law has gained track. Thus, not only did the International Criminal Court distance itself from the construct but, today, the widely held view is that the extended version should be discarded, not least because it is not grounded in customary international law. This Article challenges that view. While addressing scholarly criticism towards Joint Criminal Enterprise, and demonstrating why the “beast” is a solid construction, it argues that prosecutors and judges must look past the written provisions of the Statute of the International Criminal Court …

Technology's War On Terror: The Need For Platform Accountability In The Wake Of A National Security Crisis, Meagan Schantz

Journal of Civil Rights and Economic Development

(Excerpt)

January 6, 2021. A day that “will live forever in infamy.” That day marked the first breach of the United States Capitol Building since 1814—and the second breach ever in American history (the first was during the War of 1812). Five people lost their lives that day and many more were injured in an unprecedented attack on American democracy. Yet, social media records show that “there were no surprises” as to what insurrectionists did on that infamous day.

The plan to “storm the Capitol” began on less-trafficked social media sites, the “darker or more-obscure corners of the internet,” including …

History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert

Immigration and Human Rights Law Review

For two decades the United States and its allies fought against the Taliban in Afghanistan. After the U.S. withdrawal from Afghanistan in late 2021, the Taliban has once again claimed the power of the country. The Taliban has already begun to implement restrictions that deny Afghan women their human rights. This article will outline the Taliban’s disregard for the International Bill of Human Rights, analyzing the Taliban’s observance of human rights before the U.S. invasion in 2001, post- U.S. withdrawal expressions by the Taliban in 2021, and post-U.S. withdrawal actions in 2021. Finally, this article will analyze different actions available …

Compensation For Victims Of Terrorist Crimes Comparative Study, Ibrahim Suleiman Alqatawneh

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

This study dealt with compensation for victims of terrorist crimes, in UAE legislation compared to French legislation, the United Arab Emirates has issued advanced laws to combat terrorism, and it is related to three basic texts contained in Federal Decree Law No. 1 of 2004 in the matter of combating terrorist crimes and Federal Law No. 7 issued In 2014, especially since terrorist crime causes loss of life and property, and destabilizes peace and tranquility within societies. Confronting this phenomenon has become the most prominent challenge for the international community, and its study is receiving increasing attention by researchers. This …

Let The Machines Do The Dirty Work: Social Media, Machine Learning Technology And The Iteration Of Racialized Surveillance, Subhah Wadhawan

Canadian Journal of Law and Technology

Post 9/11, where the current social and cultural temperature has constructed Islam as interchangeable with terrorism, digital intermediaries have responded with increased censorship of speech related to, emerging from, or advocating Islamic ideology. At the heart of this paper is the argument that digital intermediaries have relied on the opaqueness of machine learning technology (‘‘MLT”) to realize racialized surveillance, whereby speech concerning Islamic content has been disproportionally censored. This paper maps out how inherent biases concerning the ideology of Islam have been interwoven into the coding and machine learning used by the major tech giants. As a result of the …

Playing The Game Of International Law, Uri Weiss, Joseph Agassi

Touro Law Review

In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …