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Articles 1 - 30 of 72
Full-Text Articles in Criminal Law
Digital Terror Crimes, Cody Corliss
Digital Terror Crimes, Cody Corliss
Law Faculty Scholarship
Terror actors operating within armed conflict have weaponized social media by using these platforms to threaten and spread images of brutality in order to taunt, terrify, and intimidate civilians. These acts or threats of violence are terror, a prohibited war crime in which acts or threats of violence are made with the primary purpose of spreading terror among the civilian population. The weaponization of terror content through social media is a digital terror crime.
This article is the first to argue that the war crime of terror applies to digital terror crimes perpetrated through social media platforms. It situates digital …
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath
Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath
Pepperdine Law Review
The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …
Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden
Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra
Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra
International Law Studies
In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …
The Icc Should Not Encourage Occupation, Uri Weiss
The Icc Should Not Encourage Occupation, Uri Weiss
Touro Law Review
No abstract provided.
Impact Of The “War On Terrorism” On Development Of International Criminal Law, Ayser Alhelme
Impact Of The “War On Terrorism” On Development Of International Criminal Law, Ayser Alhelme
Theses and Dissertations
This research elucidates international terrorism by reviewing the stages of sociological analysis of terrorism, and by analyzing its theoretical framework. This research traces the historical development of the prevailing uncertainty by which it is characterized. Implications on global security leads us to study international legal development to counter international terrorism that has engulfed entire human societies. The objectives include highlighting international terrorism, and the counter-terrorism measures on part of the international community as it develops international criminal law to handle the problem.
Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden
Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Protecting Due Process During Terrorism Adjudications: Redefining "Crimes Against Humanity" And Eliminating The Doctrine Of Complimentary Jurisdiction In Favor Of The International Criminal Court, Daniel N. Clay
Arkansas Law Review
“When we sit in judgment we are holding ourselves out as people—as the kind of a community—that are worthy of this task. It is the seriousness, the gravity, of the act of judgment which gives rise to our legitimate and laudable emphasis on procedural fairness and substantive accuracy in criminal procedure. But these things focus on the defendant—the one judged. I am concerned about us who would presume to sit in judgment. Who are we that we should do this? Whether we intend to do so or not, we answer this question in part through the way we conduct our …
Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute, Coman Kenny, Nikita Malik
Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute, Coman Kenny, Nikita Malik
Vanderbilt Journal of Transnational Law
Terrorist groups are increasingly involved in human trafficking, specifically targeting women and girls of ideologically opposed groups or religions. Frequently, this phenomenon involves the perpetration of various forms of sexual violence against those trafficked. The commission of the interlinked crimes of human trafficking, sexual violence, and terrorism is relatively new, encompassing a vicious cycle in which each crime effectively flows from the commission of the others: sexual violence is facilitated by human trafficking, human trafficking is motivated, in part, by sexual violence, and both crimes spread terror among civilian populations. In light of the Prosecutor of the International Criminal Court …
Volume 1, Issue 2 (2017) Inaugural Issue
Volume 1, Issue 2 (2017) Inaugural Issue
International Journal on Responsibility
Contents:
Introduction: Terry Beitzel, Types of Responsibility: Challenges and Opportunities
3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.
6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.
27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?
65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.
78 – 96 John Fairfield, Beyond non-violence to courtship.
97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany
International Law Studies
This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster
Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster
Articles in Law Reviews & Other Academic Journals
For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The “blood antiquities” excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive.
A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …
The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon
The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon
Senior Honors Theses
Terrorism and the threat of terrorist attacks have forced the United States to place a high priority on developing a comprehensive counterterrorism strategy. A crucial component of this overarching strategy focuses on targeting the finances of a terrorist organization, hoping to eliminate or stifle their sources of funding in an effort to render the organization incapable of launching successful operations due to an absence of funding. By analyzing the most common financing options that terrorist groups use, the United States can hone its ability to disrupt the funding operations for terrorist groups. Likewise, developing a method for tracking the laundering …
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
Can Banks Be Liable For Aiding And Abetting Terrorism?: A Closer Look Into The Split On Secondary Liability Under The Antiterrorism Act, Alison Bitterly
Can Banks Be Liable For Aiding And Abetting Terrorism?: A Closer Look Into The Split On Secondary Liability Under The Antiterrorism Act, Alison Bitterly
Fordham Law Review
The Antiterrorism Act of 1990 (ATA) explicitly authorizes a private cause of action for U.S. nationals who suffer an injury “by reason of an act of international terrorism.” ATA civil litigation has increased dramatically following September 11, 2001—and banks, because of their deep pockets, have emerged as an increasingly popular target. Courts are divided concerning the scope of liability under the statute, specifically over whether the ATA authorizes a cause of action premised on secondary liability. Under a secondary liability theory, a plaintiff could argue that a bank, through providing financial services to a terrorist client, aided and abetted an …
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Combatting International Terrorism: The Role Of Congress, Dante B. Fascell
Georgia Journal of International & Comparative Law
No abstract provided.
Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie
Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie
Georgia Journal of International & Comparative Law
No abstract provided.
The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams
The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams
Ryan T. Williams
Accelerated Formation Of Customary International Law, Michael P. Scharf
Accelerated Formation Of Customary International Law, Michael P. Scharf
Faculty Publications
This article examines the phenomenon of accelerated formation of customary international law. It argues that in periods of fundamental change (which the author characterizes as "Grotian Moments"), whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The article examines several case studies that explore the application and contours of the concept of "Grotian Moments."
The Trickle-Down War, Rosa Brooks
The Trickle-Down War, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The history of the European nation-state, wrote political sociologist Charles Tilly, is inextricably bound up with the history of warfare. To oversimplify Tilly’s nuanced and complex arguments, the story goes something like this: As power-holders (originally bandits and local strongmen) sought to expand their power, they needed capital to pay for weapons, soldiers and supplies. The need for capital and new recruits drove the creation of taxation systems and census mechanisms, and the need for more effective systems of taxation and recruitment necessitated better roads, better communications and better record keeping. This in turn enabled the creation of larger and …
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Mary Ellen O'Connell
Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing. …
Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Pretrial And Preventive Detention Of Suspected Terrorists: Options And Constraints Under International Law, Douglass Cassel
Douglass Cassel
No abstract provided.
Accountability For System Criminality, Mark A. Drumbl
'Lesser Evils' In The War On Terrorism, Mark A. Drumbl
'Lesser Evils' In The War On Terrorism, Mark A. Drumbl
Mark A. Drumbl
No abstract provided.
The Expressive Value Of Prosecuting And Punishing Terrorists: Hamdan, The Geneva Conventions, And International Criminal Law, Mark A. Drumbl
The Expressive Value Of Prosecuting And Punishing Terrorists: Hamdan, The Geneva Conventions, And International Criminal Law, Mark A. Drumbl
Mark A. Drumbl
In Hamdan v. Rumsfeld, the United States Supreme Court ruled that the military commissions that had been proposed by the Executive to prosecute a small number of detainees captured in the 'war on terror' could not proceed. In response to the Hamdan decision, Congress enacted a new military commission structure in the 2006 Military Commissions Act (MCA), which President Bush signed on October 17, 2006. The MCA establishes military commissions for aliens classified as unlawful enemy combatants. It lists the crimes chargeable by such commissions. The MCA also amends domestic legislation - for example, the War Crimes Act - initially …
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Mark A. Drumbl
This Article posits that the September 11 attacks constitute nonisolated warlike attacks undertaken against a sovereign state by individuals from other states operating through a non-state actor with some command and political structure. This means that the attacks contain elements common to both armed attacks and criminal attacks. The international community largely has characterized the attacks as armed attacks. This characterization evokes a legal basis for the use of force initiated by the United States and United Kingdom against Afghanistan on October 7, 2001. Notwithstanding the successes of the military campaign and the need for containment of terrorist activity, this …
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Michigan Journal of International Law
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Georgetown Law Faculty Publications and Other Works
Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …
The Material Support Prosecution And Foreign Policy, Wadie E. Said
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Indiana Law Journal
No abstract provided.