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Full-Text Articles in International Law

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder Dec 2008

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes Aug 2008

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …


People's Tribunal On Torture Karnataka Report, Saumya Uma Jul 2008

People's Tribunal On Torture Karnataka Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Bangalore, Karnataka. The Tribunal heard about 98 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


People's Tribunal On Torture Rajasthan Report, Saumya Uma Jun 2008

People's Tribunal On Torture Rajasthan Report, Saumya Uma

Dr. Saumya Uma

This is the interim report of the jury of the People's Tribunal on Torture, held in Ajmer, Rajasthan. The Tribunal heard more than 50 cases of custodial torture through the testimonies of victims / victim-survivors and / or their family members.


Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo Dec 2007

Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo

Paulo Barrozo

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the …


Responding To Potential Employee Misconduct In The Age Of The Whistleblower: Foreseeing And Avoiding Hidden Dangers, Lucian E. Dervan Dec 2007

Responding To Potential Employee Misconduct In The Age Of The Whistleblower: Foreseeing And Avoiding Hidden Dangers, Lucian E. Dervan

Lucian E Dervan

The number of law suits brought against corporations in the United States as a result of employee whistleblowers has risen in recent years. There are two predominant reasons for this trend. First, publicity surrounding cases such as Enron in the early 2000s have made employees more sensitive to potential misconduct in the workplace. For instance, a 2007 study found that 56% of employees reported that they had observed conduct that “violated company ethics standards, policy, or the law” in the previous twelve months. Second, employees are now more aware of the role of whistleblowers and are more likely to report …


Depoliticizing Individual Criminal Responsibility, Bartram Brown Dec 2007

Depoliticizing Individual Criminal Responsibility, Bartram Brown

Bartram Brown

No abstract provided.


The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court.Pdf, Susana L. Sacouto Dec 2007

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court.Pdf, Susana L. Sacouto

Susana L. SáCouto

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …