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- UC Irvine Journal of International, Transnational, and Comparative Law (5)
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Articles 1 - 30 of 55
Full-Text Articles in Criminal Law
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan
Child and Family Law Journal
This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Brooklyn Journal of International Law
The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …
The United States, The International Criminal Court, And The Situation In Afghanistan, Sara L. Ochs
The United States, The International Criminal Court, And The Situation In Afghanistan, Sara L. Ochs
Notre Dame Law Review Reflection
The United States has always had a very complicated and tense relationship with the International Criminal Court (ICC) and with international criminal law generally. Yet, under the Trump administration, the U.S.–ICC relationship has deteriorated to an unprecedented level. Within the last few years, the U.S. government has launched a full-scale attack on the ICC—denouncing its legitimacy, authority, and achievements, blocking investigations, and loudly withdrawing all once-existing support for the court.
These hostilities bubbled over following the November 2017 request by the ICC Chief Prosecutor, Fatou Bensouda, for the court to open an investigation into alleged war crimes and crimes against …
Targeting Civilians, Daniel Ivo Odon
The Effects Of Criminal Embeddedness On School Violence In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins
The Effects Of Criminal Embeddedness On School Violence In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins
Department of Justice Studies Faculty Scholarship and Creative Works
This study examines the influence of criminal embeddedness on the intensity of criminal behavior among primary and secondary school students in a large Brazilian city. A database conceived by the Center for the Study of Crime and Public Security at the Federal University in Minas Gerais is used to analyze the involvement of youths displaying delinquent behavior at home or at school and how school performance and peer relationships are effected. Based on differential association and learning theories, the main hypotheses are (1) the greater the criminal embeddedness, the lower the degree of school satisfaction as well as future expectation …
The Full Picture: Preliminary Examinations At The International Criminal Court, Sara Wharton, Rosemary Grey
The Full Picture: Preliminary Examinations At The International Criminal Court, Sara Wharton, Rosemary Grey
Law Publications
The International Criminal Court’s (ICC) Office of the Prosecutor (OTP) has described the preliminary examination as one of its “three core activities,” alongside investigating and prosecuting crimes under the Rome Statute of the International Criminal Court (Rome Statute). Honing in on this once-mysterious “core activity,” this article contributes to the recently expanding literature on preliminary examinations at the ICC by providing a much needed comprehensive picture of all preliminary examinations conducted to date. The twentieth anniversary of the court’s founding treaty, the Rome Statute, provides a timely opportunity for this review as part of the broader effort to take stock …
Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus
Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus
Independent Study Project (ISP) Collection
Models of reform within the criminal justice system often operate from a top-down perspective, affecting change on surface levels to attempt to better the system. One example of such a reform is Scotland’s Presumption Against Short Sentences. These kinds of changes, as I will illustrate in this paper, both fall short of achieving genuine change and often produce negative side effects. However, a few countries have made deeper changes to the ways their systems both view and handle crime and punishment; one such system is Norway. Through rehabilitation and restorative justice, Norway has greatly decreased rates of recidivism, increased social …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone
Linda A. Malone
No abstract provided.
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Linda A. Malone
No abstract provided.
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs
Nancy Combs
International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of …
International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs
International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Copping A Plea To Genocide: The Plea Bargaining Of International Crimes, Nancy Amoury Combs
Nancy Combs
No abstract provided.
Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins
Neal E. Devins
No abstract provided.
The Transnational Legal Ordering Of The Death Penalty, Stefanie Neumeier, Wayne Sandholtz
The Transnational Legal Ordering Of The Death Penalty, Stefanie Neumeier, Wayne Sandholtz
UC Irvine Journal of International, Transnational, and Comparative Law
A transnational legal order (TLO) authoritatively shapes “the
understanding and practice of law” in a specific area of social activity,
involving both state and civil society actors, and linking national, regional,
and international levels. We argue that a TLO has emerged and settled
since 1945 around capital punishment. Our analysis of the death penalty
TLO treats “bottom-up” and “top-down” effects as interconnected,
addresses the creation of legal order at both national and international levels,
and emphasizes the recursivity linking developments at both levels. We trace
the development of death penalty abolition from its origins in the immediate
aftermath of World …
Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto
Aiding And Abetting In International Criminal Law, Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy, Alyssa T. Yamamoto
Cornell Law Review
To achieve justice for violations of international law such as genocide, torture, crimes against humanity, and war crimes, it is essential to address complicity for international crimes. Beginning in the 1990s, there was a proliferation of international and hybrid criminal tribunals, which sought to hold perpetrators of these crimes accountable and, in turn, generated an explosion of international criminal law jurisprudence. Nonetheless, the contours of aiding and abetting liability in international criminal law remain contested. Courts-both domestic and international-have long struggled to identify the proper legal standard for holding actors liable for aiding and abetting even the most serious violations …
Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran
Transnational Criminal Law In A Globalised World: The Case Of Trafficking, Prabha Kotiswaran
UC Irvine Journal of International, Transnational, and Comparative Law
Not a day goes by without a sensationalist report on the travails of modern
slaves, be it the saga of Indian teenagers trafficked into sex work as depicted in the
Hollywood movie Love Sonia, or workers trafficked into the UK’s nail bar and car
wash shops, or the 2018 Global Slavery Index released by the Walk Free
Foundation founded by mining magnate Andrew Forrest which estimates that there
are 40.3 million modern slaves around the world. Anti-slavery groups remind us
that modern slavery afflicts almost everything that we consume on a day-to-day
basis. This includes basic commodities like tea, sugar, …
International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit
International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit
UC Irvine Journal of International, Transnational, and Comparative Law
Prison standards are an important element of transnational criminal
justice. This Article shows how legal standards governing prison conditions
emerged at the international and regional levels and considers how,
increasingly, they have gained legitimacy. It then describes how these
standards are applied in a way that contributes to a recognizable
transnational legal order in respect of prison conditions, which has real
impact at the national level. The Article pays close attention to the transfer
of prisoners between states, as a mechanism that operates transnationally
and, in the process, enhances the importance of international prison
standards. It concludes that the benefits …
Anti-Money Laundering: An Inquiry Into A Disciplinary Transnational Legal Order, Terence Halliday, Michael Levi, Peter Reuter
Anti-Money Laundering: An Inquiry Into A Disciplinary Transnational Legal Order, Terence Halliday, Michael Levi, Peter Reuter
UC Irvine Journal of International, Transnational, and Comparative Law
This Article enquires into the case of one of the most comprehensive,
far-reaching, most deeply penetrating, and most punitive of TLOs: antimoney
laundering. Drawing on an intensive study at a moment when its
governing norms and methodologies of implementation were undergoing
revision and expansion, as well as on observation and participation in
AML/CFT activities over three decades, the Article brings rich empirical
evidence to bear on two theoretical issues. First, despite its seemingly
successful institutionalization, the AML TLO exhibits many deficiencies
and imposes extensive costs on the private and public sectors, and harms
upon the public. Why doesn’t it fail? …
Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory
Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory
UC Irvine Journal of International, Transnational, and Comparative Law
To date, “transnational criminal law” has been the dominant
paradigm for explaining and mapping rules on corruption in the
international legal literature. Transnational criminal law is presented as a
system of law descending from multilateral crime control treaties or a field or
order that emerges through international political processes of regime
formation. Transnational criminal lawyers identify and describe cross-border
legal rules, and seek to evaluate them against liberal norms of democratic
governance and individual civil and political human rights. This Article
details the limits of transnational criminal conceptions of “anticorruption”
through a study of proposed changes to Australian laws on …
Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody
Karen Woody
In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and …
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
Faculty & Staff Scholarship
This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by …
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Journal of the National Association of Administrative Law Judiciary
In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Stuart Ford
No abstract provided.
International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal
International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal
Pace International Law Review
International legal responses to the threat of nuclear terrorism by non-state actors have been many but often inconsistent, inadequate, and legally unsound. This Article argues in favor of resorting to successfully-implemented methods of dealing with similar crimes. International law has already expanded from its original statist conceptions and scope to include individuals, such as in international human rights norms and international humanitarian laws. In the latter, in particular, the law has expanded in the context of both international and non-international armed conflict. This Article argues that the advancement of law in these areas can lend much to efforts to bring …
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford
William & Mary Bill of Rights Journal
No abstract provided.
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
William & Mary Bill of Rights Journal
No abstract provided.
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers
William & Mary Bill of Rights Journal
No abstract provided.
Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter
Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter
William & Mary Bill of Rights Journal
By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.
However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position and …