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

Criminal Law Commons

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

Human Rights Law

Human Rights

Institution
Publication Year
Publication
Publication Type
File Type

Articles 31 - 52 of 52

Full-Text Articles in Criminal Law

How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page Jan 2012

How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page

Journal Publications

Human trafficking is, sadly, a part of the fabric of the 21st century global community, but it has different goals than those of sex trafficking. One expert defines human trafficking as “‘an opportunistic response’ to the tension between the economic necessity to migrate . . . and the politically motivated restrictions on migration”. To give an idea of how widespread sex trafficking is, understand that it is now more profitable for criminals to sell women for sex than it is to sell drugs. Drugs are disposable and finite. Women can be resold over and over and over again. These “commodities” …


The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma May 2011

The Communal Violence Bill: Countering Impunity, Seeking Accountability, Saumya Uma

Dr. Saumya Uma

The article is a critique of Prevention of Communal and Targetted Violence (Access to Justice and Reparations) Bill 2011, using the standards of Indian and international jurisprudence, with an incorporation of human rights and gender perspectives.


Waiting For Justice Dec 2010

Waiting For Justice

Dr. Saumya Uma

Kandhamal district of the state of Odisha in India, was the site of targeted violence against Christian dalits and adivasis in December 2007 and August 2008. This publication is a report of the National People's Tribunal on Kandhamal, held in New Delhi on 22-24 August 2010. The report documents the testimonies of 45 victims, survivors and their representatives, 15 expert testimonies of reports of field surveys, research and fact-finding, as well as statements to the Tribunal. It was organized by the National Solidarity Forum - a countrywide solidarity platform of concerned social activists, media persons, researchers, legal experts, film makers, …


Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks Jul 2009

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …


Repressive Laws In India, Saumya Uma May 2009

Repressive Laws In India, Saumya Uma

Dr. Saumya Uma

The ‘repressive laws’ chapter focuses on typical characteristics of repressive laws, laws related to preventive detention, anti-terror laws, security and other stringent laws, and highlights (but does not discuss) other repressive laws and policies. A discussion on campaigns on repressive laws and the role of the judiciary, dealt with in this chapter, is intended to give the readers a feel of the ground realities, and the challenges faced by civil society with regard to such laws and their negative impact on human rights. While arguing that draconian / stringent laws negatively impact the enjoyment of human rights both through objectionable …


Killing History: The Effect Of Slavery And Wwii On The Death Penalty In America And Europe, Julie Turley Apr 2009

Killing History: The Effect Of Slavery And Wwii On The Death Penalty In America And Europe, Julie Turley

Global Honors Theses

The author examines the cultural and social factors that have impacted the United States’s and European Union’s opposing stances on capital punishment. Particular focus is paid to the United States’s history of race relations and views on economic inequality and to the influence of World War II on the EU’s human rights and welfare policies. The paper concludes with a discussion on how the US may enact its own path to abolition.


Proportional Deportation, Angela M. Banks Jan 2009

Proportional Deportation, Angela M. Banks

Faculty Publications

No abstract provided.


The Precarious Situation Of Human Rights In The United States In Normal Times And After September 11, 2001 (La Situación Precaria De Los Derechos Humanos En Estados Unidos En Tiempos Normales Y Después Del 11 De Septiembre De 2001) (Spanish), Stephen C. Thaman Jan 2009

The Precarious Situation Of Human Rights In The United States In Normal Times And After September 11, 2001 (La Situación Precaria De Los Derechos Humanos En Estados Unidos En Tiempos Normales Y Después Del 11 De Septiembre De 2001) (Spanish), Stephen C. Thaman

All Faculty Scholarship

The paper criticizes the impact of U. S. American criminal law and procedure on the human rights of U. S. citizens in normal times and the changes that have occurred since the terrorist attacks of September 11, 2001. It deals with racial profiling, the death penalty, Draconian prison sentences in normal times, and the use of unlimited detention, torture and expanded powers of wiretapping and evidence gathering since the attacks of 9-11.

Note: downloadable document is in Spanish


People's Tribunal On Torture Karnataka Report, Saumya Uma Jul 2008

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Bangalore, Karnataka. The Tribunal heard about 98 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


People's Tribunal On Torture Rajasthan Report, Saumya Uma Jun 2008

People's Tribunal On Torture Rajasthan Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Ajmer, Rajasthan. The Tribunal heard more than 50 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


People's Tribunal On Torture Tamil Nadu Report, Saumya Uma Jun 2008

People's Tribunal On Torture Tamil Nadu Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Tamil Nadu. The Tribunal heard more than 250 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith Apr 2008

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.


Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia Mar 2008

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.


Communal Crimes Bill, Saumya Uma Dec 2007

Communal Crimes Bill, Saumya Uma

Dr. Saumya Uma

This is an alternative draft law on communal violence, drafted by a section of civil society, and submitted to the Indian government in January 2008. It incorporates concepts and standards from international law, and formulates new crimes as well as standards of evidence and procedure.


Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider Jan 2007

Updates From The International Criminal Courts, Anna Katherine Drake, Kaegan-Marie Williams, Debra B. Lefing, Emily Pasternak, Rachel Katzman, Katherine Mccleary, Solomon Shinerock, Howard Shneider

Human Rights Brief

No abstract provided.


Introduction: Death Penalty And International Law, Davison M. Douglas Dec 2004

Introduction: Death Penalty And International Law, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.


Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren Dec 2004

Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren

William & Mary Bill of Rights Journal

No abstract provided.


International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas Dec 2004

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

No abstract provided.


International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone Jan 2004

International Human Rights And Criminal Justice In The First Decade Of The 21st Century, Richard J. Goldstone

Human Rights Brief

No abstract provided.


Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor Jul 2001

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.


Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie Jan 2000

Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie

Articles, Book Chapters, & Popular Press

If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …


War Crimes Trials -- Not A Good Idea, Herman Schwartz Jan 1994

War Crimes Trials -- Not A Good Idea, Herman Schwartz

Human Rights Brief

No abstract provided.