Digital Commons Network^™

Atrocity Crimes Litigation Year-In-Review Conference 2011, Phil Sandick

Northwestern Journal of Human Rights

No abstract provided.

Delegating Investigations: Lessons To Be Learned From The Lubanga Judgment, Caroline Buisman

Northwestern Journal of Human Rights

No abstract provided.

Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder

Northwestern Journal of Human Rights

No abstract provided.

Atrocity Crimes Litigaton: Year-In-Review (2011) Conference Abridged Transcript, David Scheffer

Northwestern Journal of Human Rights

No abstract provided.

A Janus Look At International Criminal Justice, Diane Marie Amann

Northwestern Journal of Human Rights

No abstract provided.

Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai

Northwestern Journal of Human Rights

No abstract provided.

Stl In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Kelsey Green, Michael Novak

Northwestern Journal of Human Rights

No abstract provided.

Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann

Scholarly Works

Book review of Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl(New York: Oxford Univ. Press, 2012).

The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran

Touro Law Review

Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.

Women In Prison In Argentina: Causes, Conditions, And Consequences, Cornell Law School. Avon Global Center For Women And Justice, DefensoríA General De La NacióN (Argentina), University Of Chicago. Law School. International Human Rights Clinic

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

In recent years, the number of women in prison has increased throughout the world, including in Argentina. In Argentina’s federal prisons, the population of female prisoners has expanded nearly 200% in the past two decades, a much higher rate than the increase in the number of incarcerated men. It is important to understand why these numbers have increased so significantly and to recognize the gender-specific needs and challenges of women prisoners.

This report offers a valuable contribution towards our understanding of the causes, conditions, and consequences of women’s imprisonment in Argentina. It is based on extensive research, including desk research, …

The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber

Themis: Research Journal of Justice Studies and Forensic Science

Society’s construction of what is acceptable and what is the norm excludes those struggling with the issue of gender identity. Stigmatization of the trans-community has led to a number of issues that have ostracized this group of individuals and created a divide within society. Judgments, misconduct, and assumptions about transgendered and transsexual individuals come as a result of a lack of awareness and knowledge regarding this misrepresented group of people. The unfortunate truth of the matter is that there is no quick fix to the issue at hand. Educating society, changes in policy and the practicing of social acceptance is …

In The Interests Of Justice: Human Rights And The Right To Counsel In Civil Cases, Martha F. Davis

Touro Law Review

This report examines the international human rights treaties binding on the United States as well as other non-binding international human rights documents to ascertain the status of the right to counsel in civil cases, the so-called "Civil Gideon" right. The United Nations treaty monitoring bodies responsible for the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination have both indicated that legal assistance may be required to ensure fairness in civil cases. The Charter of the Organization of American States, to which the United States is a party, goes farther …

Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Is Jus In Bello In Crisis?, Jens David Ohlin

Cornell Law Faculty Publications

It is a truism that new technologies are remaking the tactical and legal landscape of armed conflict. While such statements are undoubtedly true, it is important to separate genuine trends from scholarly exaggeration. The following essay, an introduction to the Drone Wars symposium of the Journal, catalogues today’s most pressing disputes regarding international humanitarian law (IHL) and their consequences for criminal responsibility. These include: (i) the triggering and classification of armed conflicts with non-state actors; (ii) the relative scope of IHL and international human rights law in asymmetrical conflicts; (iii) the targeting of suspected terrorists under concept- or status-based classifications …

Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael

Scholarly Articles

This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in cases where …

Only Fools Who Send Hyenas To Roast Meat For Them: In Search Of The Doctrinal Foundations Of The Not-So-Ordinary Crime Of Patrimonicide, Ndiva Kofele-Kale

Florida A & M University Law Review

Crimes against humanity are generally considered crimes of such unimaginable horror that they shock the conscience of mankind. The Article challenges the international community to take a mental leap by recognizing that the contemporary version of official corruption is so fundamentally different from its historical antecedents that it deserves to (a) be called a different name: indigenous spoliation or patrimonicide; and (b), to be treated as an extraordinary crime that rises up to the level of a crime against humanity. Towards this end, the Article reviews the basic elements of a crime against humanity identified in various legal instruments, and …

Is Ecuador That Wrong?: Analyzing The Ecuadorian Proposals Concerning The Special Rapporteurship On Freedom Of Expression Of The Inter-American Commission On Human Rights, Oswaldo R. Ruiz-Chiriboga

Human Rights Brief

No abstract provided.

Criminal Courts And Tribunals, Tracy French, Megan Wakefield, William Xu, Alli Assiter

Human Rights Brief

No abstract provided.

Positive Obligations And Criminal Justice: Duties To Protect Or Coerce?, Liora Lazarus

All Faculty Publications

This chapter explores the relationship between criminal law, criminal process and human rights from a slightly different perspective. It demonstrates that while human rights may well be used to limit the excesses of security and law and order politics, the nature of the relationship between human rights and criminal justice cannot be captured alone by the view of rights as a limit on the coercive reach of the criminal law and criminal justice institutions. Increasingly, human rights, cast as positive rights, have resulted in claims for the extension of the criminal law, the creation of preventative duties or ‘protective policing …

Interview With Laritza Diversent, Director Of The Cubalex Legal Information Center, Human Rights Brief

Human Rights Brief

No abstract provided.

Coverage Of The 147th Period Of Sessions Of The Inter-American Commission On Human Rights, Claudia Abasto

Human Rights Brief

No abstract provided.

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

Alumni Profiles, Drew Mitnick, Anna Naimark

Human Rights Brief

No abstract provided.

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Gabriela Echeverria, Mario López-Garelli, Hari Phuyal, Juan E. Méndez

Human Rights Brief

No abstract provided.

Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl

Books and Chapters

The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …

Food: A Human Rights Issue Ignored In Sociology, Kathryn Strother Ratcliff, Trisha Tiamzon

Societies Without Borders

Mainstream sociology, including the sociology of health, has been remiss by ignoring food as an important human right both in the United States and globally. This article documents the neglect of food as a topic of sociological inquiry and argues for the centrality of a sociological lens in understanding food as a human right. Sociological ideas are important in understanding forces which have encouraged the globalization of food production and distribution, decreased the equality of access to nutritious food, and threatened core human rights. Sociologists as teachers and researchers need to become academic activists on this important human rights topic.

Negotiating Uncertainty In The Right To Asylee Status, Erin Rider

Societies Without Borders

The asylum system regards asylum seekers as actors with privilege and resources, and expects them to present sound cases documenting their rights to asylee status. However, the asylum system fails to consider the lack of autonomy of asylum seekers, as they must manage trauma, lack of resources, new host societies, and the asylum process. Based on interviews (n=14) with asylum seekers, general findings reveal that inherent barriers within the asylum system position asylum seekers into a context of insecurity that undermines their agency and ability to achieve asylee status. The examination of asylum seekers interacting with the United States asylum …

Mexicans In New York City, Luis F. Nuno

Societies Without Borders

New York City witnessed a substantial growth of Mexican immigration in the postCold War Era. This paper reviews the research literature on these changes across the urban landscape in light of the sociology of human rights in the contemporary era criminalizing migration. The number of births to Mexican mothers in New York City’s hospitals between 1985-2006 documents a near ten times growth in the number of Mexican American babies born in New York City for the twenty-year period between 1985-2005. Additionally, ethnographic data examine the lived experiences of Mexican immigrants in New York City during this era. The research offers …

Grappling With Structure, Social Construction, And Morality: Towards A Human Rights Approach To Social Problems Instruction, Eric Bonds

Societies Without Borders

This essay proposes a human rights approach to social problems instruction, whereby social problems are defined as conditions in which a group’s human rights are violated due to their position in a social structure. The approach advocated here draws upon the strengths of the values-structure and social constructionist heritages in the teaching of social problems, while also correcting for some of their individual weaknesses and limitations. The essay closes by outlining what such a class might look like and includes a list of possible teaching resources and a sample class syllabus.

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …