Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- James Madison University (7)
- American University Washington College of Law (4)
- Selected Works (4)
- Washington and Lee University School of Law (4)
- Brooklyn Law School (3)
-
- Schulich School of Law, Dalhousie University (3)
- St. Mary's University (3)
- University of South Florida (3)
- Georgia State University College of Law (2)
- Maurer School of Law: Indiana University (2)
- Nova Southeastern University (2)
- Texas A&M University School of Law (2)
- William & Mary Law School (2)
- Concordia University St. Paul (1)
- Duke Law (1)
- Georgetown University Law Center (1)
- Pace University (1)
- Pepperdine University (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of Maine School of Law (1)
- University of Nebraska - Lincoln (1)
- University of Pennsylvania Carey Law School (1)
- University of San Diego (1)
- University of Windsor (1)
- Western University (1)
- Keyword
-
- Responsibility (7)
- Social Sciences - Periodicals (7)
- Criminal liability (6)
- Education - Kosovo (Republic) (6)
- Government accountability (6)
-
- Law - study and teaching (6)
- Mahatma Gandhi (6)
- Political rights (6)
- Restorative justice - Cross-cultural studies (6)
- International Criminal Court (5)
- International law (5)
- Crime (4)
- Genocide (4)
- War crimes (4)
- Criminal law (3)
- Evidence (3)
- ICTY (3)
- International Law (3)
- International criminal law (3)
- CERD (2)
- Caribbean (2)
- Communications Law (2)
- Criminal Law (2)
- First Amendment (2)
- Globalization (2)
- Human Trafficking (2)
- Human rights (2)
- Human trafficking (2)
- ICC (2)
- International crime (2)
- Publication
-
- International Journal on Responsibility (7)
- Articles in Law Reviews & Other Academic Journals (4)
- Genocide Studies and Prevention: An International Journal (3)
- Scholarly Articles (3)
- Articles, Book Chapters, & Popular Press (2)
-
- Brooklyn Journal of International Law (2)
- Georgia State University Law Review (2)
- ILSA Journal of International & Comparative Law (2)
- Texas A&M Law Review (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- All Faculty Scholarship (1)
- Brooklyn Law Review (1)
- Catholic University Law Review (1)
- Concordia Law Review (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgia Journal of International & Comparative Law (1)
- Guillermo J. Garcia Sanchez (1)
- Indiana Journal of Constitutional Design (1)
- Indiana Journal of Global Legal Studies (1)
- Law Publications (1)
- Library Philosophy and Practice (e-journal) (1)
- Lisa A. Rich (1)
- Maine Law Review (1)
- Makau Mutua (1)
- Master of Laws Research Papers Repository (1)
- Megan A. Fairlie (1)
- Publication Type
Articles 31 - 57 of 57
Full-Text Articles in Criminal Law
Testimonial Statements, Reliability, And The Sole Or Decisive Evidence Rule: A Comparative Look At The Right Of Confrontation In The United States, Canada, And Europe, Deborah Paruch
Catholic University Law Review
Criminal trials in the United States are meant to ascertain the truth. But other societal values, such as fairness to the parties and public confidence in the integrity of the process, are at stake as well. Among the cornerstone rights to protect a defendant’s right to a fair trial is the right to confrontation. The right to confrontation enables a criminal defendant to exclude hearsay evidence from a trial when the defendant did not have an opportunity to cross-examine the witness. This right has undergone substantial changes and revisions over the last decade, both in the United States and abroad. …
The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld
The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle
Book Review: La Muerte Del Verdugo: Reflexiones Interdisciplinarias Sobre El Cadáver De Los Criminales De Masa, Vincent Druliolle
Genocide Studies and Prevention: An International Journal
Review of La Muerte del Verdugo. Reflexiones Interdisciplinarias Sobre el Cadáver de los Criminales de Masa, ed. Séviane Garibian (Buenos Aires: Miño y Dávila editores, 2016)
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Maine Law Review
After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as a …
Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau W. Mutua
Africans And The Icc: Hypocrisy, Impunity, And Perversion, Makau W. Mutua
Makau Mutua
Published as Chapter 3 in Africa and the ICC: Perceptions of Justice, Kamari M. Clarke, Abel S. Knottnerus, & Eefje de Volder, eds.
Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish
Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish
St. John's Law Review
(Excerpt)
This Note argues that the Baston court was incorrect both in finding the Amendment consistent with the protective principle and in its analysis of the defendant’s nexus with the United States. This Note asserts, instead, that (1) the Amendment is not valid under any traditional bases of prescriptive jurisdiction but is consistent with the United States’ international obligations to “extradite or prosecute,” and (2) the Amendment may be applied under the international anti-trafficking conventions to foreign defendants present in the United States, regardless of nexus, without violating due process.
Part I of this Note describes the complex nature of …
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program
Texas A&M Law Review
At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for screening refugees; offers …
A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez
A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez
Guillermo J. Garcia Sanchez
The paper reviews the existing international legal regime on the war against drugs and argues that it has become obsolete in the face of the trend to legalize the consumption of certain drugs, such as marijuana, in developed nations. It particularly analyzes the contradictory practice of the United States to pressure producing states, such as Mexico and Colombia, to enforce the regime and at the same time allow the legalization of consumption in local U.S. states.
Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl
Epilogue: Homecoming Kings, Queens, Jesters, And Nobodies, Mark A. Drumbl
Scholarly Articles
This epilogue unpacks the return of convicted war criminals as homecomings, with all the attendant rites, rituals, and expectations. Knotting together the various papers in this edited collection, this paper examines how the international community constructs an ideal homecoming and, in turn, how such a construction may simply be fanciful.
Book Review, Jamie Rowen, Searching For Truth In The Transitional Justice Movement (2017) & Leonie Steinl, Child Soldiers As Agents Of War And Peace: A Restorative Transitional Justice Approach To Accountability For Crimes Under International Law (2017), Mark A. Drumbl
Scholarly Articles
Why do truth commissions emerge following some conflicts but not others? Jamie Rowen tackles this question in Searching for Truth in the Transitional Justice Movement. Rowen approaches this topic through a detailed study of three jurisdictions: the former Yugoslavia, Colombia, and the United States. Although truth commissions did progress in Colombia, they stalled in both the former Yugoslavia in the wake of the Balkan Wars as well as in the United States in regard to the conduct of US officials after the events on 11 September 2001. Rowen unpacks what happened and what failed to happen — and why …
The Extraterritorial Application Of Federal Criminal Statutes: Analytical Roadmap, Normative Conclusions, And A Plea To Congress For Direction, Julie R. O'Sullivan
The Extraterritorial Application Of Federal Criminal Statutes: Analytical Roadmap, Normative Conclusions, And A Plea To Congress For Direction, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
Under what circumstances can crimes that cross national boundaries be prosecuted in federal court? This question is critical given the increasing frequency with which criminal conduct crosses borders. This Article provides a guide through extant extraterritoriality analysis--warts and all--and then considers what the answer should be.
First, this Article provides a step-by-step roadmap for those seeking to answer the questions of where a crime that spans borders was committed and, if it is deemed to have been committed outside the territory of the United States, whether the applicable statute and Constitution would countenance such a prosecution. This roadmap will reveal …
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Publications
This paper presents a strategic, solution-based plan as a companion to our recent article, Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation, 40 Harv. J.L. Gender 1 (2017). As a second phase of our work to combat the issues of human trafficking and attendant drug abuse on the Mandan, Hidatsa and Arikara Nation (MHA Nation), we developed a strategic plan to better understand the time, scale, and capacity necessary to address the rising social problems accompanying the boom of oil and gas development there. During our process, we discovered, …
The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward
The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward
All Faculty Scholarship
The past few decades have seen the proliferation of new laws criminalizing certain transnational activities, from money laundering to corruption; from insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by …
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Washington and Lee Law Review
Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …
The Office Of The Prosecutor: Seeking Justice Or Serving Global Imperialism?, Shannon Fyfe
The Office Of The Prosecutor: Seeking Justice Or Serving Global Imperialism?, Shannon Fyfe
Scholarly Articles
The international criminal courts and tribunals, especially the ICC, have been strongly criticized for their susceptibility to political influence. Some have argued that the ICC has a distinctly Western bias and is participating in a new kind of imperialism in Africa. Others argue that history and the complicity of the West should disqualify the international community from demanding the prosecution of individuals participating in conflicts resulting directly from colonialism. Many have focused on the nature of the creation of the judicial bodies and the inherent political nature of judicial decisions regarding whom to prosecute. In this article, I offer a …
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Faculty Publications
Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …
Targeted Capture, Alexander K.A. Greenawalt
Targeted Capture, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human …
Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon
Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon
Articles, Book Chapters, & Popular Press
States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …
Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, Fannie Lafontaine, Robert Currie, Amanda Ghahremani
Amicus Curiae Observations On The “Prosecution’S Request For A Ruling On Jurisdiction Under Article 19(3) Of The Statute”, Fannie Lafontaine, Robert Currie, Amanda Ghahremani
Reports & Public Policy Documents
The Amici Curiae (‘the Amici’) have been granted leave by Pre-Trial Chamber I (‘the Chamber’) to submit observations in the present proceeding, which derives from the Prosecutor’s request under art. 19(3) for a ruling on whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.
The Amici respectfully offer the Chamber observations on the novel legal issues raised by the Prosecutor’s Request: (II) the scope of art. 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it; (III) the scope …
Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson
Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson
St. Mary's Law Journal
Abstract forthcoming
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …
Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon
Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon
Articles, Book Chapters, & Popular Press
States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Pluralism In International Criminal Procedure, Jenia I. Turner
Pluralism In International Criminal Procedure, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last two decades, international criminal procedure has become a recognized body of law, with textbooks, treatises, and law review articles discussing its rules and principles and theorizing its goals and methods. The term refers to the procedures used at the international criminal courts and tribunals created to address some of the most serious offenses, such as genocide, crimes against humanity, and war crimes. Some of these courts are fully international, like the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the permanent International Criminal Court (ICC). Others are “hybrid courts,” …
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale
Faculty Scholarship
The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.
Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher
Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Assurances ofvictim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. …