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Articles 1 - 17 of 17
Full-Text Articles in Criminal Law
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold
The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold
San Diego International Law Journal
This Article analyzes the Kharkov trial, the first trial of Nazi war criminals undertaken by any Allied Power, as well as the first trial of the Holocaust. It is written on the occasion of the 70th anniversary of the Kharkov trial. Part II, as background, describes the Holocaust as experienced in Kharkov, Ukraine. Part III discusses the trial that took place in Kharkov: the defendants, the prosecution, the setting, and the testimony. Part IV looks at the Kharkov trial as a typical Stalinist “show trial,” where guilt has been predetermined and a trial is used merely as a show to …
Reading Between The Lines: Charging Instruments At The Ictr And The Icc, Claire Knittel
Reading Between The Lines: Charging Instruments At The Ictr And The Icc, Claire Knittel
Pace Law Review
International criminal procedure, including the principle of notice, has grown exponentially from the Nuremburg Trials conducted after WWII, but the tribunals of today still face many sticky procedural issues. This Article will focus on two problems that the ICTR and the International Criminal Court (ICC), respectively, have faced with regard to notice. Part I reviews the jurisprudence of the ICTR and ICC, focusing particularly on requirements of notice and the requirements of the charging instruments in each tribunal. Part II discusses in detail a problem that each tribunal is facing: vagueness in the indictment at the ICTR and informal changes …
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
Pepperdine Dispute Resolution Law Journal
On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith
Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith
San Diego International Law Journal
This comment will compare and contrast the laws governing sex offenders in the United States and European Union and address the current obstacles in establishing a comprehensive international law about sex offenders. Finally, this comment will propose a global sex offender registry to allay the problem of sex offenders in the international community.
Culture In International Parental Kidnapping Mediations, Melissa A. Kucinski
Culture In International Parental Kidnapping Mediations, Melissa A. Kucinski
Pepperdine Dispute Resolution Law Journal
Mediating an international parental kidnapping case involves much more than knowing some family law-it involves complex emotions, strict time constraints, multiple nations' laws and policies, intricate international treaties, juggling interpreters, attorneys, government officials, judges, and parents who may be physically located thousands of miles apart, and the blunt reality that you may have no understanding of either parent's cultural customs or the way each will communicate with the other parent or with you. While the "culture" part of the mediation may appear to be the least significant element, it could be key to the success of the mediation. Nonetheless, "culture" …
Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto
Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto
Pepperdine Dispute Resolution Law Journal
Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …
Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman
Choosing To Prosecute: Expressive Selection At The International Criminal Court, Margaret M. Deguzman
Michigan Journal of International Law
The International Criminal Court (ICC), an institution in its infancy, has had occasion to make only a relatively small number of decisions about which defendants and which crimes to prosecute. But virtually every choice it has made has been attacked: the first defendant, Thomas Lubanga, was not senior enough and the crimes with which he was charged-war crimes involving the use of child soldiers-were not serious enough; the Court should have investigated British soldiers for war crimes committed in Iraq; the ICC should not be prosecuting only rebel perpetrators in Uganda and the Democratic Republic of Congo; the Court's focus …
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts, Stuart Ford
A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts, Stuart Ford
Vanderbilt Journal of Transnational Law
There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …
A Complementarity Conundrum: International Criminal Enforcement In The Mexican Drug War, Spencer Thomas
A Complementarity Conundrum: International Criminal Enforcement In The Mexican Drug War, Spencer Thomas
Vanderbilt Journal of Transnational Law
Drug-related violence in Mexico has claimed over 34,000 lives since Mexican President Felipe Calderon initiated his crackdown on Mexico's drug cartels in 2006 with the deployment of military troops to Michoacan. Somewhat surprisingly, Mexico's drug war has garnered rather little attention from the international community, despite a wealth of headlines in popular media. This Note takes up the question of international criminal enforcement in Mexico against Los Zetas, widely considered Mexico's most violent drug cartel. By setting up a hypothetical--but possible--International Criminal Court (ICC) prosecution of Los Zetas cartel leader Heriberto Lazcano, this Note demonstrates that the ICC Prosecutor could …
The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle
The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle
IP Theory
No abstract provided.
Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda
Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda
Vanderbilt Journal of Transnational Law
Today I would like to introduce the idea of a new paradigm in international relations, which was introduced by the work of the drafters of the Rome Statute and the establishment of the International Criminal Court (ICC): this idea is that of law as a global tool to contribute to the world's peace and security. This idea first surfaced with the belief that the power of law has the capacity to redress the balance between the criminals who wield power and the victims who suffer at their hands. Law provides power for all regardless of their social, economic, or political …
Virtual Witness Confrontation In Criminal Cases, Yvonne M. Dutton
Virtual Witness Confrontation In Criminal Cases, Yvonne M. Dutton
Vanderbilt Journal of Transnational Law
Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited to explain this phenomenon focuses on the expense and difficulty of mounting cases of such international proportions and which involve evidence, suspects, victims, and witnesses from around the globe. In an effort to help close the impunity gap that surrounds piracy, this Article offers a potential solution to the difficulties associated with obtaining live witness testimony. It proposes a rule to allow witnesses under some circumstances to testify remotely by way of two-way, live videoconferencing technology. While remote …
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Claire Grandison, Sofia Vivero, Andra Nicolescu, Danielle Dean, Benjamin Watson
Updates From The International And Internationalized Criminal Courts, Claire Grandison, Sofia Vivero, Andra Nicolescu, Danielle Dean, Benjamin Watson
Human Rights Brief
No abstract provided.