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Full-Text Articles in Criminal Law
Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz
Fairness, Legitimacy, And Selection Decisions In International Criminal Law, Jonathan Hafetz
Vanderbilt Journal of Transnational Law
The selection of situations and cases remains one of the most vexing challenges facing the International Criminal Court (ICC) and other international criminal tribunals. Since Nuremberg, international criminal law (ICL) has experienced significant progress in developing procedural safeguards designed to protect the fair trial rights of the accused. But it continues to lag in the fairness of its selection decisions as measured against the norm of equal application of law, whether in the disproportionate focus on certain regions (as with the ICC's focus on Africa), the application of criminal responsibility only to one side of a conflict, or the continued …
Confronting Mexico's Enforced Disappearance Monsters: How The Icc Can Contribute To The Process Of Realizing Criminal Justice Reform In Mexico, Rodolfo D. Saenz
Confronting Mexico's Enforced Disappearance Monsters: How The Icc Can Contribute To The Process Of Realizing Criminal Justice Reform In Mexico, Rodolfo D. Saenz
Vanderbilt Journal of Transnational Law
In 2015, the United Nations Committee on Enforced Disappearances released a report on Mexico, concluding that there is a generalized context of disappearances in the country, many of which would meet the legal definition of enforced disappearance. Despite the recurring pattern of mass disappearances throughout the country in the last decade, including the recent disappearance of forty-three students in Iguala, Mexico has not convicted a single person for an enforced disappearance committed after 2006. Equally appalling is the fact that 40 percent of missing person cases in the country never get opened. Mexico has begun a process of reforming its …